Question

Dear HR Practitioners,

We have an employee in China who has reached his retirement age of 60 on 2 November 2017. We would like to offer him a 1-year contract, subject to yearly renewal.

I was told that we can’t offer a Contract of Service for re-employment after retirement age. Instead, it should be Contract for Service, something like a business agreement.

Q1: Is offering Contract for Service or Business Agreement the right way we should approach?

Q2: Do you have any sample template of Contract for Service or Business Agreement to share?

Q3: Do we have to seek a lawyer to draft us the contract/business agreement?

Q4: Must the contract/business agreement written in bilingual (English and Chinese) or single language (English or Chinese)?

This is my first time handling China HR case. Kindly assist.

Thank you
Cheryl

Reply 1

Handling China contract need to be very careful as they have complex employment law. For such cases, best is seek legal assistance.

Hazel