Yalla China · Legal · Labor Contract Law of the PRC · Yalla China
👷 Labour law

Labor Contract Law of the PRC · Yalla China

中华人民共和国劳动合同法

Enacted: 2007-06-29 ✅ Effective: 2008-01-01

📝 Overview

Governs employment contracts between worker and employer — signing, probation, termination and severance.

This is general information only, not legal advice. For your specific case, consult a licensed lawyer.

📜 The law text / key provisions

Key provisions (summary of the official text):

• Article 10 — a written labour contract must be concluded when the employment relationship starts; if work begins without one, it must be signed within one month of starting.

• Article 82 — if the employer fails to sign a written contract after one month and up to one year from the start, it must pay the worker double wages for each month.

• Article 19 — probation: up to 1 month (contract of 3 months to under 1 year), up to 2 months (1 to under 3 years), up to 6 months (3 years or more / open-ended). Probation pay must be at least 80% of the agreed wage or the local minimum.

• Article 47 — severance: one month's wage for each full year of service; 6 months to a year counts as one full year; under 6 months is half a month's wage.

• Article 87 — unlawful dismissal: the employer pays compensation at double the Article 47 standard.

💬 Practical reading

💬 This is a general reading/opinion for orientation — not the official legal text nor legal advice.
Practical reading: the written contract is your first shield — the law even penalises an employer who fails to sign one (double wages). If a month passes with no written contract, that works in your favour legally. From day one keep a signed copy of the contract, your payslips and an attendance record — these are your evidence in arbitration. Remember the key numbers: severance = one month per year, unlawful dismissal = double. Always start with labour arbitration (cheaper and faster than court). General orientation, not formal advice.

🚔 Illustrative example / related case

Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
Unpaid wages — how to claim what you're owed
The situation: a worker isn't paid on time and the employer keeps stalling.

Applicable law: the Labor Contract Law (劳动合同法) and the Labor Dispute Mediation and Arbitration Law (劳动争议调解仲裁法). The usual route is labour arbitration first, before court.

Typical outcome: the worker files for labour arbitration (often low-cost/free); a written contract, payslips and attendance records are decisive as evidence. The employer may be ordered to pay the arrears and possibly compensation.
🎓 The lesson / takeaway: Lesson: your written contract and payslips are your weapon. Keep copies of everything from day one and log payment dates. Labour arbitration is usually cheaper and faster than court — start there.
Read the full case →

🕒 Updated: 16 March 2026

Need help with your specific case?

🤝 Find a lawyer/consultant

✦ How to benefit from this section

Yalla China helps you act on the law — services related to this area:

Ad Your ad space Your ad reaches thousands of foreigners looking for legal information in China. Book your ad