The place to ask China-related questions!
Beijing Shanghai Guangzhou Shenzhen Chengdu Xi'an Hangzhou Qingdao Dalian Suzhou Nanjing More Cities>>

Categories

Close
Welcome to eChinacities Answers! Please or register if you wish to join conversations or ask questions relating to life in China. For help, click here.
X

Verify email

Your verification code has been sent to:

Didn`t receive your code? Resend code

By continuing you agree to eChinacities's Privacy Policy .

Sign up with Google Sign up with Facebook
Sign up with Email Already have an account? .
Posts: 204

Governor

0
1
You must be a registered user to vote!
You must be a registered user to vote!
1

Q: If only an English language version of a work contract is signed, then is it enforceable in China?

Hey guys, I have searched online regarding this and have come across two related (although not specific) answers:

 

i) If both an English version and Chinese version of the contract is signed, then the Chinese version of the contract will hold precedence in Chinese law

 

ii)If the contract explicitly states that one version of the contract (either the English language one or the Chinese language one) controls or specifically takes precedence over the other, then it will

 

I'm quite skeptical of the second point, and still haven't managed to find an answer concerning my specific situation. Any thoughts? Also, does it matter whether one of the parties (for example, the employee) is a non-Chinese, foreigner?

6 years 33 weeks ago in  Business & Jobs - China

 
Highest Voted
Posts: 31

General

1
2
You must be a registered user to vote!
You must be a registered user to vote!
1

There is a reason it is called a contract. It is meant to be signed and agree up by BOTH parties. So, I always strongly advise you to add closes that protect you.

 

Other comments answers you questions, English contracts are not enforceable in China, and even if they were, why would I want to sign a contract in any language other than the country's official language? Even if it was enforceable, you have to think about the procedure length that it will take to translate, prove, pass an english contract on a court law.

 

What I suggest, is to add a close in the Chinese contract stating 1. The employee shall receive an English version exactly identical to the Chinese version and sign both of them. 2. Any change in the Chinese contract is void unless the employee receive a new English copy with the stated changes and approve it. 3.  if due to circumstances, the employers want to change terms of the contract, he should inform the employee at least 4 weeks in advance and prepare an English version with the same changes. 4. Any change in the contract without the respect of the procedure 1, 2 , 3 shall result in a fine between 2500 - 5000 USD paid by the employer to the employee.

 

Law doesn't protect fools, it is a well know quote

 

I would also add reference numbers to both the english and chinese version of a contract and mention them in the contract for more clarity.

Report Abuse
6 years 32 weeks ago
 
Answers (9)
Comments (1)
Posts: 3868

Emperor

1
1
You must be a registered user to vote!
You must be a registered user to vote!
2

It's the Chinese version that is enforceable. I have our contracts bilingual but only so I can read them...

Report Abuse
6 years 33 weeks ago
 
Posts: 308

Governor

1
1
You must be a registered user to vote!
You must be a registered user to vote!
2

A precedent of distrust

Report Abuse
6 years 33 weeks ago
 
Posts: 4421

Emperor

1
1
You must be a registered user to vote!
You must be a registered user to vote!
2

No, It can't. There must be Chinese or Chinese and English in the contract.

Report Abuse
6 years 33 weeks ago
 
Posts: 1072

Shifu

1
2
You must be a registered user to vote!
You must be a registered user to vote!
3

Both Chinese and English versions of a contract should be exactly the same, but it is always worth checking before you sign.

also, some Chinese employers won't even stick to the Chinese contract.

 

i'd get someone to check before you sign.

if there is a problem about getting both versions to check independently, just say something like

'i always read through everything thoroughly before i sign'

 

good luck

Report Abuse
6 years 33 weeks ago
 
Posts: 165

Governor

1
1
You must be a registered user to vote!
You must be a registered user to vote!
2

There have been rather recent changes in contracts in China. Now, it seems, languages other than Chinese may be considered valid in Chinese courts. However, it's highly recommended to have legal documents in Chinese for ease in litigation. http://www.chinalawblog.com/?s=English+contract+valid%3F

Report Abuse
6 years 33 weeks ago
 
Posts: 1095

Shifu

1
0
You must be a registered user to vote!
You must be a registered user to vote!
1

Not in any case whatsoever. Only Chinese documents are liable in courts, which is why Foreign companies have to get everything translated. I mean it makes sense, you are in China after all.

Report Abuse
6 years 33 weeks ago
 
Posts: 7715

Emperor

1
1
You must be a registered user to vote!
You must be a registered user to vote!
2

In the real world... the local language (of officialdom) would 'take precedence' in the local law courts (after all, can't expect legal officials to be competent in X number of languages - or even be asked to fully understand one other language, for a small handful of cases (if any!)- and any relevant and significant differences in translation may be an attempt to defraud.

 

There is also the concept of 'due diligence' which would put the emphasis on correct translation onto the person signing the translated copy as being a true and correct version of the original. For this to be legitimate, it should go through an official translator - which can be expensive..So, the onus is on the person signing it - not the entity preferring the contract.

 

I don't think China has legal protections for things like 'in good faith'....

Report Abuse
6 years 33 weeks ago
 
Posts: 197

Governor

0
1
You must be a registered user to vote!
You must be a registered user to vote!
1

Under what is known as Title XII, Article 37, Section 4(a) and alinea of the Code of the People's Republic of China, any written contract that is subject to the interpretation and jurisdiction of the courts of the People's Republic of China must be written in Chinese in order to be enforceable and to be challengeable.  An English language contract cannot be submitted for arbitration nor for legal referral and holds no legal standing.  

A previous poster referred to changes in the Chinese legal system in terms of contract language but these are limited, for example, to the Inner Mongolian Autonomous Region, where legal undertakings may be written in Mongolian and legally challenged in Mongolian, to Macao, where legal undertakings may be written in Portuguese or in Chinese, or in Hong Kong where legal agreements may be in either English or Chinese. Of the two contracts in Hong Kong and in Macao and in the MAR, it is the Chinese version that legally takes precedence in light of what I have previous written.

Contracts in English are for the mere convenience of the non Chinese person who will be a signatory to that contract.  In terms of all the above, there has been no movement away from Title  XII, Article 37 clause at all.  Given the colonialist past of China, it will never happen.

For example, in the United Kingdom, is a contract written in Polish between two UK residents contestable in a British court of law without an English language equivalent?  Hardly.

kasuka91:

Thanks alot for your answer Marcos, definitely a very helpful one.

6 years 33 weeks ago
Report Abuse
Report Abuse
6 years 33 weeks ago
 
Posts: 31

General

1
2
You must be a registered user to vote!
You must be a registered user to vote!
1

There is a reason it is called a contract. It is meant to be signed and agree up by BOTH parties. So, I always strongly advise you to add closes that protect you.

 

Other comments answers you questions, English contracts are not enforceable in China, and even if they were, why would I want to sign a contract in any language other than the country's official language? Even if it was enforceable, you have to think about the procedure length that it will take to translate, prove, pass an english contract on a court law.

 

What I suggest, is to add a close in the Chinese contract stating 1. The employee shall receive an English version exactly identical to the Chinese version and sign both of them. 2. Any change in the Chinese contract is void unless the employee receive a new English copy with the stated changes and approve it. 3.  if due to circumstances, the employers want to change terms of the contract, he should inform the employee at least 4 weeks in advance and prepare an English version with the same changes. 4. Any change in the contract without the respect of the procedure 1, 2 , 3 shall result in a fine between 2500 - 5000 USD paid by the employer to the employee.

 

Law doesn't protect fools, it is a well know quote

 

I would also add reference numbers to both the english and chinese version of a contract and mention them in the contract for more clarity.

Report Abuse
6 years 32 weeks ago
 
Know the answer ?
Please or register to post answer.

Report Abuse

Security Code: * Enter the text diplayed in the box below
Image CAPTCHA
Enter the characters shown in the image.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <img> <br> <p> <u>
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Textual smileys will be replaced with graphical ones.

More information about formatting options

Forward Question

Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77