What Is an Employment Contract?

An employment contract, or "employment contract", refers to an agreement (or contract) in which a party (employer) provides labor to the other party (employer) to perform a certain job, and the other party provides labor conditions and labor compensation.

Employment contracts

Employment contract, "employment

According to the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases of Compensation for Personal Damage:

Article 9 If an employee causes damage in the course of employment, the employer shall be liable for compensation; if the employee causes damage due to intentional or gross negligence, he shall bear joint and several liability with the employer. Where the employer bears joint and several liability, it may seek compensation from the employee.

The engagement in employment activities mentioned in the preceding paragraph refers to engaging in production and operation activities or other labor activities within the scope authorized or instructed by the employer. An employee's behavior is beyond the scope of authorization, but the manifestation of the employee's performance is or is inherently connected with the performance of the function, it shall be deemed to be engaged in employment activities.

Article 11 An employer shall be liable for compensation for personal injury suffered by an employee in the course of employment. If a third party other than the employment relationship causes personal injury to the employee, the owner of compensation may request the third party to bear liability for compensation, or the employer to bear liability for compensation. After the employer assumes liability for compensation, he can claim compensation from a third party.

If an employee suffers personal injury due to a safety production accident while engaged in employment activities, and the contractor or subcontractor knows or should know that the employer accepting the contracting or subcontracting business does not have the corresponding qualifications or conditions for safe production, he shall bear joint liability for compensation with the employer.

The provisions of this Article shall not apply to labor relations and work injury insurance adjusted by the Work Injury Insurance Regulations.