Is the probation period legal in my Chinese contract?

See the section 'Is the probation period legal in my Chinese contract?' in the guide below. The answer cites the relevant article of the PRC Labor Contract Law where applicable.

How is my salary structured and why does it matter?

See the section 'How is my salary structured and why does it matter?' in the guide below. The answer cites the relevant article of the PRC Labor Contract Law where applicable.

Can my employer reduce my salary mid-contract?

See the section 'Can my employer reduce my salary mid-contract?' in the guide below. The answer cites the relevant article of the PRC Labor Contract Law where applicable.

What happens if I leave my job in China early?

See the section 'What happens if I leave my job in China early?' in the guide below. The answer cites the relevant article of the PRC Labor Contract Law where applicable.

Is the non-compete clause in my contract valid?

See the section 'Is the non-compete clause in my contract valid?' in the guide below. The answer cites the relevant article of the PRC Labor Contract Law where applicable.

Does the IP clause in my contract overreach?

See the section 'Does the IP clause in my contract overreach?' in the guide below. The answer cites the relevant article of the PRC Labor Contract Law where applicable.

Will my employer actually enroll me in social insurance?

See the section 'Will my employer actually enroll me in social insurance?' in the guide below. The answer cites the relevant article of the PRC Labor Contract Law where applicable.

What should I check about my visa and work permit?

See the section 'What should I check about my visa and work permit?' in the guide below. The answer cites the relevant article of the PRC Labor Contract Law where applicable.

The Foreign Teacher's Contract Checklist in China

A plain-English guide to the clauses that actually matter, with the Chinese law to back it up.

Last updated: August 2026

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If you're a foreign teacher (or freelancer, or expat contractor) about to sign a contract in China, this guide is for you. Chinese employment contracts follow the same skeleton everywhere — but the traps are in the details, and they're written in a language you might not read.

This checklist covers the 8 things to verify before you sign, what the law actually says, and how to negotiate when something's wrong.

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1. Is the probation period legal?

What the law says: Under Article 19 of the PRC Labor Contract Law (《劳动合同法》第十九条), the probation period (试用期) is capped by contract length:

Contract length	Maximum probation
3 months – 1 year	1 month
1 – 3 years	2 months
3+ years or open-ended	6 months

A 2-year contract with a 3-month probation is illegal — the third month is unlawful, and you're entitled to full salary for it (plus the law requires compensation for the excess period).

What to ask for: "Per Article 19 of the Labor Contract Law, the probation period for a 2-year contract is capped at 2 months. Can we correct this to 2 months?"

2. How is your salary structured?

Many schools split salary into components: basic salary (基本工资) + allowances (补贴) + performance pay (绩效). This matters more than you think, because overtime pay, severance, and social insurance contributions are calculated on the basic salary only (Article 47 of the Labor Contract Law).

A contract that says "¥18,000/month" but breaks down as ¥8,000 basic + ¥10,000 allowances means your severance is calculated on ¥8,000 — less than half.

What to ask for: "Can the basic salary be the majority of the package? I want to make sure overtime and severance calculations are fair."

Also confirm: is the figure 税前 (before tax) or 税后 (after tax)? The difference can be 20-30%.

3. Can your salary be reduced mid-contract?

Some contracts include a clause like "the company may adjust salary based on operating conditions." Under Chinese law, unilateral wage reduction requires your written consent — the employer cannot simply cut your pay. But if you signed a clause granting them that right, you've waived it in advance.

What to ask for: Delete the unilateral adjustment clause, or change it to: "Any change to salary requires a written supplementary agreement signed by both parties."

4. What happens if you leave early?

Penalty clauses (违约金) for early resignation are a common scare tactic. Under Chinese law, employees can only be required to pay damages in two situations:

Breach of a valid non-compete agreement (where the employer paid monthly compensation)
Breach of a training service agreement (where the employer funded specialized training)

A general clause like "if you resign, you owe ¥20,000" is generally unenforceable — but the employer may still try to deduct it from your final salary, forcing you into arbitration to get it back.

What to ask for: "Please remove the resignation penalty clause. Under the Labor Contract Law, either party may terminate in accordance with the law, and penalty clauses for employees are limited to specific statutory situations."

5. Is the non-compete clause valid?

A non-compete (竞业限制) clause without monthly compensation is invalid and unenforceable. Under Article 23 of the Labor Contract Law, the employer must pay compensation during the restricted period (typically at least 30% of your average monthly wage, and the period is capped at 2 years).

Watch for: "No teaching at any similar institution in China for 3 years after leaving" with no compensation mentioned. This is a paper tiger — but they may still try to use it to scare you.

What to ask for: Delete it, or: "If a non-compete is retained, the employer shall pay monthly compensation of at least 30% of average monthly wage for the restricted period, capped at 2 years, with a specific geographic scope."

6. Does the IP clause overreach?

Standard contracts say "all work products belong to the company." The problem is overbroad versions that claim: everything you create while employed (even on your own time), with no right to keep copies — meaning you can't even keep a portfolio.

What to ask for: "IP ownership limited to works created within the scope of employment using company resources. I retain rights to pre-existing materials and work created on my own time, and may keep copies for portfolio purposes."

7. Social insurance — will they actually enroll you?

Contracts routinely state "the employer will pay social insurance per regulations." The reality: some schools don't enroll foreign teachers at all, or enroll late. There are documented cases of teachers discovering after 2-3 years that they were never enrolled.

What to ask for: "The employer shall enroll me in social insurance (pension, medical, unemployment, work injury, maternity) within 30 days of contract commencement, and provide enrollment confirmation."

Foreign teachers in China are entitled to social insurance. If a school says "foreigners can't get it" — that's false.

8. Visa, work permit, and the language of the contract

Visa: The employer should sponsor your Z visa and work permit, and cover the processing costs. If they ask YOU to pay any "visa processing fee" or "deposit" upfront — that's a red flag and a common scam pattern.
Contract language: If the contract is only in Chinese, request a certified English translation and sign both. In a dispute, the Chinese version governs — you must understand what you're signing.
Dispute resolution: Labor disputes in China go to labor arbitration first. Consider adding: "Disputes shall be resolved through labor arbitration in [city] in accordance with Chinese law."

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The bottom line

The traps are never in the salary line — they're in the clauses about termination, IP, and "other duties as assigned." Take the time to read the whole contract, even the boring pages.

This guide is informational and not legal advice. For high-stakes contracts, consider consulting a licensed Chinese lawyer — or use an AI contract reviewer like ContractGuard to get a clause-by-clause plain-English analysis with law references in under a minute.

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ContractGuard: paste any Chinese contract, get a plain-English risk report with Chinese law references and ready-to-send negotiation asks.