1. Check actual work and signed documents separately
Articles 7 and 10 of the PRC Labor Contract Law link the establishment of an employment relationship to the commencement of work, including where a contract was signed beforehand. Check whether the person has already performed assigned work under the employer’s management. An onboarding date entered in a system is not conclusive. Training, remote assignments or preparatory tasks require a factual assessment; do not automatically classify every pre-start contact as employment.
Separately, Article 16 provides for an employment contract to take effect after agreement and signature or seal on the contract text by the employer and employee. A signed contract can therefore matter before work begins. Review the offer, any acceptance, the employment contract and communications together. Distinguish an invitation to negotiate, an offer, a preliminary agreement to conclude a later contract and an employment contract. Their legal consequences depend on their content and circumstances, not the filename “offer”.
2. Do not confuse withdrawal with revocation
Under Article 472 of the PRC Civil Code, an offer must be sufficiently definite and indicate an intention to be bound if accepted. Where the recruitment communication constitutes an offer, Articles 475 and 141 require a withdrawal notice to reach the recipient before or at the same time as that offer. Calling an email a “withdrawal” after the candidate received the offer does not satisfy that timing rule. Preserve original messages and delivery records, including the agreed electronic communication arrangements.
Revocation has a different test. Article 476 excludes revocation where the offeror fixes an acceptance period or otherwise expressly makes the offer irrevocable, or where the recipient reasonably believes it is irrevocable and has made reasonable preparations for performance. Under Article 477, a revocation made by dialogue must be known to the recipient before acceptance is made; a non-dialogue notice must reach the recipient before acceptance is made. Once acceptance has taken effect, assess the agreement formed and any lawful way to end it; do not treat the future start date as an open revocation window.
3. Test the real reason against the conditions communicated
Identify the China employing entity, who issued the promise and what authority they had. Compare the final approved terms with all versions sent by headquarters, local HR and a recruiter. If relying on an unmet condition, establish its exact wording, when it was communicated, whether it is lawful and what evidence shows that it was not met. An internal budget approval or hiring freeze is not automatically a condition that the candidate agreed to bear.
Do not add conditions retrospectively, backdate a notice or assume that a standard “cancel at any time without liability” clause resolves the issue. Civil Code Articles 496–498 require scrutiny of standard terms, including notice and explanation obligations and unreasonable exclusions of responsibility. Record the actual decision and alternatives, such as proceeding with the hire or negotiating a revised start date. A candidate’s agreement to discuss a change is not itself consent to cancellation.
4. Assess the liability route and evidenced loss
Civil Code Article 500 addresses loss caused during contract negotiations by bad-faith bargaining, deliberate concealment of important facts or false information, and other conduct contrary to good faith. Pre-employment liability may therefore arise even if no employment relationship was established. Where a preliminary agreement exists, Article 495 also provides a contractual liability route for failure to perform the obligation to conclude the later contract. An already effective employment contract requires its own assessment.
Build the loss assessment from evidence: when and why the candidate resigned, what the employer knew or requested, any lost income, relocation expenses and steps taken to find replacement work or reduce loss. Causation, reasonable reliance, the applicable claim and proof all matter. Neither the full promised future salary nor a fixed number of months is automatically payable merely because an offer was cancelled. Likewise, do not mechanically apply employment severance formulas without first establishing their legal basis. The appropriate forum and procedure follow the classified dispute, not the “offer dispute” label.
5. Prepare one chronology before sending the response
Assemble the recruitment approval, every offer version, acceptance and delivery evidence, signed contracts, conditions and verification records, resignation communications, actual work records and documents supporting claimed losses. Put the proposed cancellation beside that chronology and identify missing facts. HR, headquarters and the recruiter should use one reviewed explanation. If settlement is appropriate, define the parties, disputed obligations, payment and scope of release in writing; do not assume a payment alone settles every claim.
For an initial employer enquiry, provide the China entity and city, offer and acceptance dates, whether a contract was signed or work began, the cancellation reason and the next deadline. Start with a non-confidential outline. Legal review can then focus on the available options, exposure and response wording before the company sends its decision. Consultations are available in Chinese and English.
Legal sources
Official sources · Checked 2026-10-17. Translations are for reference and are not official legal texts.
- PRC Labor Contract Law (2012 amendment) ↗
Articles 7, 10 and 16: commencement of the employment relationship and effectiveness of an employment contract.
- PRC Civil Code ↗
Articles 137, 141, 472–489, 495–498 and 500: communications, offers and acceptance, preliminary agreements, standard terms and pre-contractual liability.
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
Review a proposed China offer cancellation
Review the offer, acceptance, conditions and reliance evidence before communicating the decision.
Discuss your matter ↗