1. Confirm the employer, final text and employee consent
The Labor Contract Law, Articles 10, 16 and 17, addresses timely written contracting, agreement and execution by both sides, copies for each party and mandatory terms. For the usual written-contract employment relationship, a contract must be concluded within 1 month after work starts if not signed at the outset. An overseas approval queue does not extend that period. Use the actual China employing entity and verify the authority of its signer; a group brand or headquarters account is not a substitute.
The MOHRSS Guidelines for Concluding Electronic Employment Contracts, Ren She Ting Fa [2021] No. 54, provide a specific employment workflow. Articles 1 and 6 require agreement to electronic contracting and advance explanation of the process, operation, precautions and access to the complete text, without charging the employee. Preserve this consent separately from consent to the employment terms. Keep the final contract and all incorporated attachments together; digitising an incomplete or unlawful template does not cure its terms.
2. Ask the platform to demonstrate signing, not just a completion badge
Guidelines Articles 3–4 and 7–9 call for a contracting platform with identity verification, confirmation of intent and data protection. They specify digital certificates and keys issued by a lawfully established electronic certification service provider, reliable signatures by both sides and a trusted timestamp. Ask for a demonstration using a sample contract, including the identification record, certificate information, signature verification result and timestamp. This is a check against the employment Guidelines, not a claim that every electronic document in China universally requires third-party certification.
Electronic Signature Law Article 13 tests exclusive attribution and sole control of signature-creation data at signing, plus detectability of later changes to the signature and the data message. It also recognises reliability conditions agreed by the parties; Article 14 gives a reliable signature the effect of handwriting or a seal. A pasted signature image, emailed scan or HR checkbox alone does not establish these elements. Nor should it be labelled automatically invalid: its effect and evidential value require the full record. HR should not use an employee’s verification code to sign for them.
3. Complete delivery while the employee can still access the system
Under Guidelines Articles 10–13, notify the employee when execution is complete, explain how to download and save the contract, and enable free viewing, downloading and printing of its complete contents on ordinary devices. If a paper copy is needed, provide at least 1 free copy and confirm consistency with the original data message, for example by affixing a seal. Keep the completion notice and access or delivery evidence. An email inviting someone to sign is not evidence that the executed contract was supplied.
Test the employee view on a phone and outside the corporate network. Confirm that the file includes every page and attachment, rather than an unsigned draft or thumbnail. Plan continued access and a lawful copy-delivery route before deactivating an employee account. Keep records of the actual steps taken; do not backdate a delivery acknowledgement when a gap is discovered.
4. Test export, retention and platform exit before procurement
Guidelines Article 16 calls for preservation of the whole evidence chain, including identity checks, intent and signatures, with records available for retrieval. Electronic Signature Law Articles 4–8 distinguish written form, original-form integrity, storage and evidential reliability. Retain the executed electronic file in a verifiable form, its signature and certificate information, timestamp, identity and intent records, version history, signer authority and completion notices. A screenshot or flattened printout may lose verification information; do not keep it as the only record.
Have HR perform an export and verification exercise before signing the vendor agreement. Confirm who can retrieve records after a subscription ends or the vendor changes. Guidelines Article 14 links retention to the Labor Contract Law; Article 50 of that Law requires terminated or expired contract texts to be kept for at least 2 years. Do not automatically delete at that minimum if a dispute or another lawful retention need remains. Restrict access and document the retention decision.
5. Give China HR a review file, not only an overseas platform name
The Guidelines encourage government platforms, but do not make them the only route. Article 15 addresses local data formats and submission support for non-government platforms; Article 18 calls for Level 3 classified cybersecurity protection requirements for the platform and its service environment. Articles 17–19 address information protection. Ask the provider to explain its implementation and local compatibility. A globally used product name does not resolve China certification, access, evidence or data-transfer questions. Overseas access to employee data needs a separate review.
For a focused legal review, prepare the China entity and work location, proposed start or renewal dates, bilingual contract and attachments, platform process screenshots with personal data removed, certification and export specifications, and the proposed delivery and retention process. Begin with a non-confidential outline through the consultation contact. Counsel can then identify whether to proceed electronically, repair a specific gap or use an interim paper process while the electronic workflow is corrected.
Legal sources
Official sources · Checked 2026-10-13. Translations are for reference and are not official legal texts.
- MOHRSS Guidelines for Concluding Electronic Employment Contracts, Ren She Ting Fa [2021] No. 54 ↗
Articles 1–21, especially 3–16 and 18: platform, consent, certification, signing, delivery, retention and security. Issued 1 July 2021.
- PRC Electronic Signature Law (2019 amendment) ↗
Articles 3–8, 13–16 and 26: electronic form, evidence, reliable signatures, certification and overseas certificates.
- PRC Labor Contract Law (2012 amendment) ↗
Articles 10, 16, 17 and 50; Article 69 contains a separate oral-agreement rule for qualifying part-time employment.
General information about mainland China. The facts, applicable dates and local rules require individual review.
Partner, Beijing ChangAn Law Firm
China-qualified since 2019 · Beijing & Shenzhen
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