China: Written Employment Contract Can Be Concluded in Electronic Form
The General Office of the Ministry of Human Resources and Social Security (the “MOHRSS”) issued the Letter on Issues Concerning the Conclusion of Electronic Employment Contracts (the “Letter”). The Letter specifies that, upon negotiation and mutual agreement, employers and employees may conclude written employment contracts in electronic form. Where an employment contract is concluded electronically, the reliable electronic signatures shall be used, as well as the data messages that are regarded as in the written form under the Electronic Signature Law, and other applicable laws. The employers shall ensure that the generation, transmission and storage of electronic employment contracts satisfy the requirements stipulated in the Electronic Signature Law and other applicable laws and regulations. The employers shall also ensure that the electronic employment contracts are complete, accurate and tamper-proof. Electronic employment contracts that comply with the Employment Contract Law and the aforementioned requirements shall take legal effect upon execution. Employers and employees shall fully perform their respective obligations under the electronic employment contracts.
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