China No Written Labor Contract can become messy when dates, forms and evidence are scattered. Caira helps organise the record. Ask about China law, draft letters or forms, and upload files for review.
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Check the dismissal date, deadline, contract, warnings, pay records and messages first.
For RMB 10 million of salary, bonus or severance, a careful chronology can change the negotiation.
Preserve lawful evidence, but avoid taking confidential files you should not access.
Use Caira to build a timeline and draft a response checklist.
If a Chinese employer has not given you a written labour contract, start by preserving evidence of the employment relationship before sending demands or resigning in frustration. A cautious, evidence-first approach is safer here: the written-contract framework should be grounded in the official labour contract law text, while dispute deadlines and filing steps should be checked against the Labour Dispute Mediation and Arbitration Law and the relevant local labour arbitration commission.
For Beijing, the official HRSS arbitration platform is a useful workflow example; outside Beijing, use your local human resources and social security bureau or labour arbitration commission.
Who this applies to
This guide is for employees working in mainland China who have started work but do not have a signed written 劳动合同, or who were given an unsigned draft that does not match the actual job. It may also help foreign employees, bilingual staff, and founders cleaning up HR records. It does not decide whether you are an employee, contractor, intern, dispatch worker, or service provider. That classification can be fact-specific and should be checked before relying on any template.
Build the employment file first
Put together proof that shows who employed you, when work began, what you did, how you were managed, and how you were paid. Useful records include offer letters, onboarding messages, work permits where relevant, payroll slips, bank transfers, tax or social insurance records, attendance logs, work chats, company email, task assignments, staff directory screenshots, access cards, performance reviews, and manager instructions. If your name appears in different company entities, record that carefully. The correct employer name matters in any later complaint or arbitration filing.
Do not rely only on a single message saying “welcome aboard.” A stronger file shows a pattern: you worked, the company knew, it controlled the work, and it paid or promised payment. If salary is unpaid as well as the contract missing, keep the wage calculation separate: base salary, commission, overtime if claimed, reimbursements, and deductions.
Ask for the contract in writing
Your first message should be direct but not explosive. Ask for the written contract, confirm the start date and role, and request that the document match the actual arrangement. If you are still employed, this can solve the problem without turning the relationship into a dispute. If the relationship is already breaking down, the message creates a clear timestamp.
您好，[HR/负责人姓名]：我于[入职日期]开始在[公司名称]担任[岗位]。目前我尚未收到双方签署的书面劳动合同。为便于确认劳动关系、岗位、工资、工作地点、合同期限及社保等事项，请在[日期]前向我提供书面劳动合同。如公司认为已有合同或其他文件，请提供已签署版本供核对。谢谢。[姓名]
Check what the official sources actually support
The official sources identify the MOHRSS labour contract law page as the main reference point for the written-contract framework and statutory basis often discussed in double-wage claims. They also identify the NPC law database for labour dispute mediation and arbitration law, which is the safer source for limitation and arbitration checks. Avoid writing to your employer that you are automatically entitled to a specific amount until you have checked dates, exceptions, local practice, and the evidence. In many real disputes, the hardest fight is not the slogan “no written contract”; it is proving the start date, employer identity, salary basis, and whether any written document already existed.
Practical next steps
After the written request, give the employer a short, reasonable time to respond. If it sends a contract, compare the Chinese text against reality: start date, probation, salary, work location, working hours, confidentiality, non-compete, termination, social insurance, and dispute forum. If it refuses, ignores you, or retaliates, save the response and check the local arbitration route before filing. For Beijing users, the official HRSS platform can help orient the online process; other cities may have different portals, forms, or in-person requirements.
Common mistakes
Do not delete work chats from a company phone before exporting what you are allowed to keep. Do not sign a backdated contract without understanding the consequences. Do not name the wrong company entity in a claim. Do not mix every workplace grievance into the first message if the urgent issue is the missing written contract. And do not assume an English offer letter has the same effect as a compliant Chinese labour contract without review.
Where Unwildered fits
Upload the offer letter, draft contract, pay records, HR messages, and timeline. Unwildered can help organise the evidence and draft a measured request for the written contract, while leaving official filing decisions to the relevant labour arbitration route.
Sources
MOHRSS labour contract materials
NPC law database: labour dispute mediation and arbitration law
local HRSS or labour arbitration commission
This article is general information, not legal, financial, medical or tax advice.
