Digitized Labor Contracts Coming to a Workplace Near You

Original Hannah Feldshuh theBeijinger

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#Beijing 40

#Government 3

#Policy 9

#Digital Contract 1

#Technology 4

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Are you forever losing important documents? Irritated that the dog ate your papers? Fearful of never-ending bureaucracy-induced papercuts? The Beijing Municipal Human Resources and Social Security Bureau has the solution for you! The Bureau has outlined the city’s next steps to implement digital labor controls. On Nov 2, the Bureau released the Implementation Opinions of Beijing Municipal Human Resources and Social Security Bureau on Promoting Work Related to Electronic Labor Contracts. This succinctly titled document lays out a roadmap for Beijing-based employment contracts to go digital!

Digital contracts would feature the same information as their print version, but would be stored and accessed via online platforms, with the assistance of authentication agencies. Curious about what all this means for you? Here’s what you need to know:

Why is this happening?

The Beijing government is currently digging digitalization, with its Free Trade Zone focusing on pioneering China’s new digital currency and other online administrative processes. The Bureau’s efforts to digitize contracts is in the spirit of this push for modernization, and is likely the way administrations will be heading in other areas in the near future.

Does this help me at all?

Digital contracts have several features that could be useful for employees. These include increasing the transparency and safety of contract storage, making it easier to translate contracts between languages, and making it easier to send copies of your contract to government offices. However, this system is in its infancy. It isn’t clear how easy processing and registration will be or how foreign citizen friendly it will prove in practice.

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How do I know this is legit?

There are likely to be road bumps as these contracts are rolled out, however, the municipal government has tried to provide a legal basis to address issues of contract tampering or disputes. China’s Electronic Signature Law is to be used to prevent tampering and as long as both employer and employee recognize the e-contract as accurate, it can be accepted as evidence within Chinese courts. In the event of a dispute, the authentication agency is supposed to provide documents and assist in evaluation.

Who will oversee implementation?

The list of people responsible for using this new system is long. This includes: all district human resources and social security bureaus, as well as the Beijing Economic and Technological Development Zone Social Affairs Bureau, employers, and third-party electronic labor contract signing service agencies. The Municipal Human Resources and Social Security Bureau is supposed to implement and uphold e-contract standards, and is also the main body responsible for hearing complaints.

What is an employer required to do?

Under these implementation guidelines, the employer is required to explain the parameters and technical conditions involved in the digital contract system. They must also provide download, printing, and verification services for employees free of charge. Within this system, electronic authentication service agencies are the go-between, facilitating access and maintenance.

What is an employee required to do?

Employees are required to provide accurate personal information and notify authorities if they suspect that contracts have been tampered with.

So… is this actually happening?

Not yet. The Municipal Human Resources and Social Security Bureau needs to establish the infrastructure to process, store, and share these digital contracts. They are due to build an electronic labor contract service management platform, explore use of blockchain technology in this system, and improve government data sharing.