How to sign a foreign company work contract

Model essay on how to sign a work contract in a foreign company

With the popularization of legal knowledge, we use contracts more and more, which is a very important factor in the development of enterprises. So how to write a detailed contract? The following is my model essay on how foreign companies sign contracts, which is for reference only and I hope it will help you.

According to the current laws of China, foreign companies must go through foreign affairs service agencies chartered by the state to recruit employees in China. In other words, the statutory employers can only be domestic foreign affairs service agencies, and employees can only sign labor contracts with these agencies before they can "send" to work in foreign companies.

If China citizens bypass foreign affairs service agencies and sign labor contracts directly with foreign companies, once a dispute arises, China's labor dispute arbitration commission and the people's court will not accept it. The reason is simple: The Labor Law of People's Republic of China (PRC) and the Regulations on Handling Labor Disputes of People's Republic of China (PRC) are only applicable to enterprises in People's Republic of China (PRC) and workers who have established labor relations with them, and foreign enterprises are not included.

According to the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System, the probation period should be included in the term of the labor contract. It is illegal for employers to refuse to provide social insurance for workers on the grounds that they are still on probation. At the same time, the employer can only try the same employee once. The exception to this restriction is that if the employee is not competent for the job, the employer can try out or try out the job according to the employer's rules and regulations.

According to the notice, if the term of the labor contract is less than 6 months, the probation period shall not exceed 15 days; If the term of the labor contract is more than 6 months but less than 1 year, the probation period shall not exceed 30 days; If the term of the labor contract is 1 year and less than 2 years, the probation period shall not exceed 60 days. The difference between resignation and dismissal lies in who proposed to terminate the labor contract.

If the employee voluntarily proposes to terminate the labor contract, it belongs to resignation; The employer voluntarily proposes to terminate the labor contract, which belongs to dismissal. According to the Labor Law and the relevant regulations of the Ministry of Labor, if the employer terminates the labor contract in accordance with legal procedures, it shall pay economic compensation to the workers.

However, if the employee resigns voluntarily, the employer may not pay economic compensation.

After the occurrence of a labor dispute, the party initiating labor arbitration shall, within 60 days from the date of the occurrence of the labor dispute, submit an application for arbitration to the labor dispute arbitration committee where the employee's wage relationship is located. Anyone who refuses to accept the labor arbitration award shall bring a lawsuit to the people's court within 15 days from the date of receiving the labor arbitration award.

"The date of labor dispute" refers to the date when the parties know or should know that their rights have been infringed. If the time limit for arbitration is exceeded, the parties will lose the right to win the case.

In other words, unless the other party is willing to take responsibility, the rights of the parties cannot be realized.

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