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China Employment Contracts — Fixed-Term, Open-Ended & Probation Rules

Chinese labor law requires written employment contracts for all employees. Understanding the three contract types and probation period rules is essential for legal compliance.

Author China Law List Editorial · Reviewer China Law List Research Desk · Last reviewed · 1 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities
  • Type Definition-first explainer
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Contract Types

  1. Fixed-term contract — Specified duration (e.g., 1–3 years). Automatically renews as open-ended after two renewals.
  2. Open-ended contract — No fixed end date. Required after 10 years of service or two consecutive fixed-term contracts (with employee consent).
  3. Project-based contract — Tied to completion of a specific project.

Probation Period

  • Contract < 3 months: No probation
  • 3 months ≤ contract < 1 year: Max 1 month
  • 1 year ≤ contract < 3 years: Max 2 months
  • Contract ≥ 3 years: Max 6 months

Key Requirements

Contract must be signed within 30 days of employment start. If unsigned for 1+ year, the contract is deemed open-ended. Contents must include wages, work location, job duties, working hours, social insurance, and termination provisions.

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