The Changning District People’s Court in Shanghai in August 2009 reportedly ruled that an employment contract was formed when an offer letter sent by an employer through e-mail was accepted by the job applicant by e-mail. As a result, the court rejected the employee’s claim that he should be paid double wages for working without an employment contract as required by the Employment Contract Law. Central to the holding was the fact that the content of the offer letter was sufficient to be deemed an employment contract; it included provisions relating to starting date, job position, work location, compensation, benefits, leave, and other required items. In addition, the court explained that the purpose of the double wage penalty was to punish employees who intentionally avoided signing written contracts in order to harm the interests of employers. In this case, both parties agreed in writing to the basic terms of employment, and there was no malicious intent on the part of the employer.
Source: Baker & McKenzie International
Paul Arkwright
Publisher
