An employment contract is an agreement between an employer and an employee that establishes an employment relationship and clarifies the rights and obligations of both parties. The law stipulates that a written labor contract shall be signed for the establishment of labor relations, so as to better protect the legitimate rights and interests of the parties and facilitate the protection of workers' rights, so as to achieve a standardized, orderly, harmonious and stable labor relationship. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. Can the letter of appointment be regarded as an employment contract?
According to Article 17 of the Labor Contract Law, an employment contract shall contain necessary clauses such as the duration of the employment contract, the content and place of work, working hours, rest and vacation, etc. There is no specific mandatory legal requirement as to what form or format is to be "written". Therefore, if the letter of appointment already meets the basic elements of an employment contract and both parties have actually fulfilled the relevant contents, or if the letter of appointment clearly contains the content of the employment contract related to the employee, indicating that the letter of appointment has the nature of an employment contract, the letter of appointment can be regarded as an employment contract. If the letter of appointment lacks the necessary terms such as remuneration, working hours, rest and vacation, etc., the letter of appointment cannot be regarded as an employment contract. A letter of appointment that lacks the necessary clauses cannot determine the employment relationship between the parties, nor can it clarify the rights and obligations of the parties.
Whether the documents signed by the employer and the employee have the nature of an employment contract cannot be judged only from the name, but from the specific content. It is the specific content of the contract, not the name of the contract, that determines the nature of the contract. It should be fully understood and accurately determined through the rights and obligations established by the parties to the contract. In judicial practice, we often see employers and employees signing documents such as the Letter of Employment, the Employment Registration Form, and the Letter of Appointment. Although these documents do not contain the words "employment contract", but the content contains the necessary clauses of the employment contract, it can be regarded as a written employment contract signed by both parties. Employers are not required to pay employees double wages for not having signed an employment contract.