People's Republic of China (PRC) labor contract law

Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Contract law of the people's Republic of China

Article 11 Written forms refer to forms such as contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) that can tangibly express the contents contained.

People's Republic of China (PRC) electronic signature method

Article 5 A data message that meets the following conditions shall be deemed to meet the original form requirements stipulated by laws and regulations:

(a) It can effectively express the content and can be used at any time;

(2) It can reliably ensure that the content remains complete and unchanged from the time it is finally formed.

However, adding endorsements to data messages and changing forms in the process of data exchange, storage and display do not affect the integrity of data messages.

Article 6 Data messages that meet the following conditions shall be deemed to meet the requirements for document preservation as stipulated by laws and regulations:

(a) It can effectively express the content and can be used at any time;

(2) The format of the data message is the same as that when it was generated, sent or received, or the format is different, but it can accurately represent the content originally generated, sent or received;

(3) Being able to identify the sender and receiver of the data message and the time of sending and receiving.

Extended data

To terminate the compensation liability of the labor contract in violation of regulations;

Regulations on the Implementation of the Labor Contract Law of the People's Republic of China

Article 26 If the service period is agreed between the employer and the employee, and the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, it is not a violation of the service period agreement, and the employer may not require the employee to pay liquidated damages.

Under any of the following circumstances, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the labor contract:

(1) The laborer seriously violates the rules and regulations of the employing unit;

(2) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit;

(3) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(4) The laborer enters into or changes a labor contract against his true intention by means of fraud or coercion or taking advantage of the danger of others;

(5) The laborer is investigated for criminal responsibility according to law.