An employment contract has to contain some “essential clauses” and employers actually have not so much choice in specifying such clauses. Most of the content of these clauses has been provided by related laws, which emphasize more on protecting the rights and interests of employees.
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However, except for the above-mentioned clauses, employers still could specify some clauses as to the probation period, training, confidentiality, known-competition，supplementary insurances and other clauses as they think important. The employer could take the best advantage of such clauses to protect their interest， such as specify the employee has to work certain years for the employer after the employer has paid for his/her training.
The employer could specify the clause of the employment contract as could to protect themselves
What else could be included? The following are some tips:
1. Disclosure of rules and regulations
An employer may stipulate in the employment contract that all rules and regulations have been disclosed to the employees ( such as “employee confirms that it has understood the contents of the company’s rules and regulations”, etc.). In this way, the employer prevent disputes concerning the effectiveness of the rules and regulations.
2. Address for service
An employer may stipulate in the employment contract that all written notices shall be deemed to have been given on the date the notice is received at the employe’s address which is filled in the employment contract by the employee. The employer may also specify that the employee must inform the employer of any change in the address. So, if the employee is reluctant to cooperate by refusing to accept any of employer’s notice, the employer could send notice to the above-mentioned address, as we mentioned in the blog: Could I Fire Employee Absent from Work? By doing so, the employer could fulfil it’s informing duty, which is required by the labour law.
An employer may add the following attachments to the employment contract, to make sure the employee understands the employer’s requirements. As a result, the employee would realize their duty as employees and consequences if they fail to meet such requirements:
(1) The company’s rules and regulations;
(2) Employee’s letter of undertaking ( employee has to promise the authenticity of all background information he/she provides);
(3) Duty，job requirements and assessment criteria for the position (as detailed, objective and reasonable as possible to be used as evidence, in the event of a labour dispute rise if the employer wants to terminate the employment contract with the employee on the argument that he/she is found to be unqualified ).
Source: Sophie Mao from ChinaLawHelp.com