[Direct answer]In the Beijing area, it is illegal for companies not to provide employees with the original copy of the labor contract. According to Article 16, Paragraph 2 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), the employer and the employee shall each hold one copy of the labor contract. If the company refuses to return the original copy after collecting it, the employee has the right to demand its return. If the company refuses to provide it or the contract text provided does not contain the necessary clauses, the labor administrative department shall order the company to make corrections in accordance with Article 81 of the same law, and the company shall bear the liability for compensation if it causes any damage to the employee. In practice, the company's withholding of the original copy is often related to employment management and disputes over evading clauses. Even if employees do not have the original copy, they can still protect their rights through other means, such as social insurance records, salary payment records, attendance records, and employment offers. Employees can request the return of the original copy in writing, file a complaint with the labor supervision department, or apply for labor arbitration. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

I. Problem background and typical scenarios

When signing the employment contract, the company confiscates both contract documents on the grounds of stamping, filing, and unified management, leaving only copies in the employees' hands, or even nothing at all. Some companies only let employees sign on the last page of the contract during the signing process, without allowing them to read the terms in detail. When claiming wage differences, overtime pay, or compensation for unlawful termination, they realize that the original contract is not in their hands, leaving them at a disadvantage when verifying the terms and collecting evidence. Whether it's illegal to not provide employees with the original labor contract, and how employees can respond to this situation, are frequently encountered issues in labor disputes. For more information on relevant legal remedies, please refer to the detailed guide provided below.Labor arbitration and legal services for work-related injury compensation.

II. Key points of dispute

First, the statutory nature of the obligation to deliver: It is a mandatory legal requirement that both parties to the contract hold a copy of the contract, which cannot be exempted due to the company's internal filing system. Second, legal consequences: If the contract is not delivered or fails to include essential clauses, the labor administrative department shall order the employer to make corrections and bear liability for damages; if the employee claims rights based on this, the burden of proof rules in the Labor Dispute Mediation and Arbitration Law shall apply. Third, the impact of evidence: The absence of the original document does not necessarily result in the employee's losing the case. Payroll records, social insurance records, attendance records, work badges, recruitment notices, etc. can corroborate the employment relationship and working conditions. Fourth, the relationship with the contract's effectiveness: The company's retention of the original document does not affect the effectiveness of the signed contract, but the employee's right to check the clauses and fixed agreements is substantially affected.

III. Professional analysis by Henglue Lawyers

Attorney Feng Na once handled a labor dispute case involving the content of the labor contract and the agreed upon labor compensation: On November 17, 2022, Li * * * * * joined Beijing A Technology Co., Ltd. as a technical staff member. The two parties signed a "Labor Contract" with a term from November 17, 2022 to November 16, 2025, stipulating a six-month probationary period and a salary standard of 35,000 yuan per month plus a performance bonus of 5,000 yuan per quarter. Li * * * * * claimed that the company's offer letter sent before employment clearly stipulated an annual salary of 550,000 yuan, which included a fixed year-end performance bonus of 110,000 yuan. However, in the audio recordings of her communication with the company's HR department on February 17 and February 18, 2025, the company acknowledged the terms of the offer letter but refused to pay the bonus on the grounds that Li * * * * * had not participated in the actual performance evaluation and the company was experiencing losses. On March 19, 2025, A Company terminated the employment relationship on the grounds of economic layoffs and paid an economic compensation of 9,008 yuan. Li * * * * * argued that the layoff had not been reported to the labor administrative department and violated procedures, and that the annual performance bonus should be paid according to the terms of the offer letter. On April 10, 2025, she applied for arbitration to the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Commission. The arbitration award confirmed the existence of an employment relationship between the two parties, and A Company was ordered to pay unpaid annual leave wages of 18,602 yuan and the difference in compensation for the illegal termination of the employment relationship of 91,821 yuan, while rejecting other arbitration requests. Both parties appealed to the Beijing Chaoyang District People's Court. A Company claimed that the labor contract did not stipulate an annual performance bonus, that the offer letter had become invalid due to Li * * * * * reporting for duty one day late, and that the payment of labor compensation should be based on the written labor contract. A Company also argued that the payment of annual performance bonuses was a matter of the company's operational autonomy. Attorney Feng Na comprehensively reviewed evidence such as the offer letter, audio recordings of communication with HR, the labor contract, pay slips, and termination notices, and put forward the following legal opinions: the offer letter constituted an offer issued by the employer, and the employee's acceptance and actual employment established a valid employment relationship, rendering the salary terms in the offer legally binding for both parties; the absence of an annual performance bonus in the labor contract did not mean that the parties had mutually agreed to cancel the offer's terms; the audio recordings of the HR communication could corroborate that the company was aware of and had previously acknowledged the terms of the offer; and operational losses were the company's own risk and could not be used as an excuse to refuse to fulfill salary obligations. Ultimately, the court ruled in favor of the employee's claims for the annual performance bonus and the difference in compensation for the illegal termination. This case highlights the following points: the written labor contract is the anchor for confirming core conditions such as position, salary, and term; employees holding the original contract is a prerequisite for verifying clauses and fixed terms; companies confiscating original contracts and allowing employees to rely solely on copies for legal protection easily put employees at a disadvantage in evidence collection and clause verification; and employees can legally demand the return of the original contract and file complaints against such practices. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), Article 81 (legal liability for failing to specify mandatory clauses or failing to deliver the contract text), and Article 10 (obligation to conclude a written labor contract); the provisions on the burden of proof and the one-year arbitration statute of limitations in the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008); and the relevant supporting provisions of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (promulgated and implemented on September 18, 2008). Action list: 1. When signing the contract, insist on keeping an original copy with your signature and stamp, and take photos of the signing process as evidence. 2. If the company takes away the original copy, request its delivery via written means such as WeChat, email, or letter, and keep the proof. 3. If the company refuses to deliver the original copy, file a complaint with the labor supervision department at the location where the employee works. 4. In case of disputes, prepare supporting evidence such as social insurance payment records, pay slips, attendance records, work badges, and recruitment notices to prove the employment relationship and working conditions. 5. For disputes over wages and compensation, apply for labor arbitration within one year from the date you learn of the infringement of your rights. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Reminder

The original contract is the basis for employees to verify their working conditions, and it is also the most direct evidence in arbitration litigation. If the company confiscates the original contract on the grounds of management and refuses to return it, employees do not need to wait passively: written reminders, supervision complaints, and arbitration confirmation offer clear paths to resolve the issue. In daily work, employees should also pay attention to preserving pay slips, social insurance records, attendance records, and work communication records. When the original contract is missing, these materials can serve as alternative evidence. When handling similar cases in the Beijing area, it is recommended to follow the following steps:Beijing Henglu Law FirmUnder the guidance of professional lawyers, fix the evidence and choose the path to protect one's rights.

VI. Frequently Asked Questions

Q1: If the company doesn't provide the original labor contract, is it useful for employees to file a complaint?

It's useful. According to Article 16, Paragraph 2 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), the text of the labor contract shall be held by the employer and the employee respectively; if the company refuses to deliver it, the employee may file a complaint with the labor administrative department of the place where the company is located, and the labor administrative department shall order the company to make corrections. If any damage is caused, the company shall bear the liability for compensation. Complaints and labor arbitration can be conducted in parallel: complaints help the company fulfill its obligation to deliver the contract, and arbitration resolves substantive disputes such as wages and compensation. Employees should not resist by means of passive absenteeism and other methods. It's more secure to assert their rights according to law.

Q2: Without the original contract, how can we prove the employment relationship and the wage standard?

The supporting materials include: social security payment records and housing provident fund records, bank salary statements, personal income tax declaration records, attendance and access control records, work badges and employee ID cards, offer letters or recruitment notifications specifying positions and salaries, work emails and group chat records, publicly announced rules and regulations, pay slips, and signature sheets. Where the above-mentioned materials corroborate each other, they can prove the existence of the labor relationship, the position held, and the salary standard during the period of the labor relationship; where the agreement is unclear, it shall be handled in accordance with the collective contract or the principle of equal pay for equal work.

Q3: How much does it cost to file a labor arbitration case?

The labor dispute arbitration committee does not charge fees for accepting cases, which is a clear provision of the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (implemented on May 1, 2008). After the case is sued in court, the first-instance litigation fees are charged per case, and the standard is much lower than that of ordinary property cases. The attorney's fees are determined by the client and the law firm through consultation, and there is no unified government pricing. They can be negotiated by stages or according to the subject matter. If the client meets the conditions of economic hardship, they can also apply for legal aid. Overall, the cost threshold for labor rights protection is relatively low, so there's no need to give up claims due to concerns about spending money.

Q4: How long does it usually take for labor arbitration?

The arbitration tribunal shall conclude the labor dispute case within 45 days from the date of accepting the arbitration application. Where the case is complex and needs to be extended, it may be extended with approval and notify the parties in writing, and the extension period shall not exceed 15 days. For wage and compensation disputes with clear facts and sufficient evidence, the arbitration decision is usually issued within 45 days. For disputes involving overtime pay calculation and performance bonus agreement, it may reach the statutory extension limit due to the need for auditing or multiple rounds of hearings. Where the parties are not satisfied with the arbitration decision and file a lawsuit with the court, the time of the litigation procedure shall be calculated separately.

Q5: The company is withholding the contract and not giving it to me. What should I do first?

Four steps to proceed: First, request the company's HR or responsible person to deliver the original contract in writing, such as by WeChat, email, or letter, and keep a record of the request; Second, simultaneously collect alternative evidence, including social security records, pay slips, attendance records, and employment notifications, to prove the labor relationship and working conditions; Third, if the company still refuses to deliver the contract, file a complaint with the labor supervision department in the locality where the employee works, and may raise the difficulty of providing evidence in the arbitration process; Fourth, if there are substantive disputes such as wage differences or compensation for unlawful termination, apply for labor arbitration within the one-year arbitration statute of limitations. For complex calculations involving performance appraisals, annual leave, and economic compensation, it is recommended to engage a professional lawyer to assist.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.