hiring-review

/hiring-review

Load ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → jurisdiction scope, hiring review trigger conditions, non-compete policy.
Use the following workflow.
Check: jurisdiction, working hours system classification, non-compete/confidentiality clauses, background check compliance.
Flag anything that triggers a jurisdiction-specific reporting obligation.

Case Context

Case Context. Check the practice-level CLAUDE.md for ## Matter workspaces. If Enabled is ✗(the default for legal users), skip this paragraph—the skill uses practice-level context and the case mechanism is not visible. If enabled and there is no active case, ask: "Which case is this for? Run /employment-legal:matter-workspace switch <slug> or say practice-level." Load the active case's matter.md to get case-specific context and overrides. Write output to the case folder. Do not read files from other cases unless Cross-matter context is on.

Purpose

Offer letters are mostly boilerplate until they are not. The jurisdiction check and the non-compete check are the most valuable parts of this skill. This skill does not state the law—every jurisdiction-specific rule is researched and extracted at review time.

Load Context

~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → jurisdiction scope, hiring review trigger conditions, non-compete policy, offer letter template locations.

Output Heading

From ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → ## Outputs preset work product heading (varies by user role—see ## Who's using this）。

Workflow

Step 1: Jurisdiction

Where will this person work? Not where the company headquarters is—where they actually work.

If remote: the jurisdiction of the province/municipality/country where their home is located. If hybrid: usually their home location, but check the governing law clause in the offer letter (it may or may not be valid).

Check ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md the jurisdiction table for that province/municipality/country. If it is not in the table—a new jurisdiction—flag: "First hire in [jurisdiction]. The jurisdiction table does not cover this. Research is needed before the offer is sent."

Step 2: Working Hours System Classification

Standard working hours system, comprehensive calculated working hours system, or indefinite working hours system? The offer letter should specify the working hours system, and the nature of the position should support that classification.

Check Item	Content
Working Hours System Basis	Does the standard working hours system apply (no more than 8 hours per day, no more than 40 hours per week)?
Special Working Hours System Approval	If the comprehensive calculated working hours system or indefinite working hours system applies, has it been approved by the labor administrative department?
Position Nature Match	Does the actual work content of the position support that working hours system classification?

Research before classifying. Determine the standards and procedures for the applicable working hours system. The application of the indefinite working hours system and the comprehensive calculated working hours system is subject to strict position scope and approval requirements (Measures for the Approval of Enterprises Implementing the Indefinite Working Hours System and the Comprehensive Calculated Working Hours System, Labor Ministry Issuance [1994] No. 503 [法条原文], and the implementation measures of each province/municipality). Note the scope of positions to which special working hour systems apply and the validity period of the approval. Cite primary sources. Verify currency.

If the offer letter says it is an indefinite working hour system but the job description does not support this — flag it. Misclassification is costly.

Step 3: Non-compete and confidentiality

If the offer letter contains non-compete, non-solicitation of clients, non-solicitation of employees, or confidentiality/IP ownership clauses:

Research enforceability before advising. For the employee's jurisdiction, determine the current operative rules for each restrictive covenant in the offer letter. The enforceability of non-compete is strictly governed under Articles 23-24 of the Labor Contract Law of China [法条原文]：

Non-compete (Articles 23-24 of the Labor Contract Law): The applicable subjects are limited to senior managers, senior technical personnel, and other personnel with confidentiality obligations (Article 24, Paragraph 1). The non-compete period shall not exceed two years (Article 24, Paragraph 2). The employer must provide the worker with economic compensation on a monthly basis during the non-compete period (Article 23, Paragraph 2). Note:

The minimum standard for non-compete compensation — each province/municipality may have different provisions (for example, Beijing: not less than 30% of the average wage for the 12 months before departure).

If economic compensation has not been paid for three months due to reasons attributable to the employer, the worker may request termination of the non-compete agreement (Article 38 of the Judicial Interpretation (I) on Labor Disputes [法条原文]）。

The scope, territory, and term of the non-compete must not violate laws and regulations (Article 24, Paragraph 2).

Confidentiality obligation (Article 23, Paragraph 1 of the Labor Contract Law + Article 9 of the Anti-Unfair Competition Law): The confidentiality obligation is a statutory obligation and is broader in scope than non-compete.[法条原文]

Service period (Article 22 of the Labor Contract Law): It applies only where the employer provides special training expenses and conducts professional technical training for the worker. The liquidated damages must not exceed the training expenses provided by the employer, and must not exceed the training expenses allocated to the unperformed portion of the service period.[法条原文]

Cite primary sources. Verify currency.

According to ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md non-compete policy: should this hire include a non-compete? Some companies use them selectively. Apply company policy first, then research any additional requirements in the jurisdiction.

Do not fill in gaps on your own. If a query to the configured legal research tool returns zero results or very few results, report what was found and stop. Do not fill gaps from web search or model knowledge without asking. Say: "The search returned [N] results from [tool]. Coverage for [jurisdiction/topic] appears thin. Options: (1) broaden the search query, (2) try another research tool, (3) search the web — results will be marked[联网检索——需复核], should be verified before relying on them, (4) flag as unverified and stop. Which would you like?" It is for the lawyer to decide whether to accept lower-credibility sources.

Source labeling. Label the source for each citation under review:[yuandian检索]for citations obtained through the retrieval connector;[联网检索——需复核]for web search citations;[模型知识——需验证]for citations recalled from model knowledge;[用户提供]for user-provided citations. Mark需验证citations have a high risk of fabrication and should be verified first. Labels must not be deleted or compressed.

Step 4: Jurisdiction-specific requirements

Check ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md for the jurisdiction's table. Common categories to research for each hire:

Personal Information Protection——Do background checks and onboarding information collection comply with the Personal Information Protection Law (separate consent, necessity principle, minimum scope principle)?
Prohibition of Employment Discrimination——Does the recruitment process involve any discriminatory grounds prohibited by Article 3 of the Employment Promotion Law (ethnicity, race, gender, religious belief, etc.)[法条原文]? Are the hiring conditions lawful and reasonable?
Legal Effect of the Offer Letter——Under Chinese law, an offer letter is generally regarded as an offer, and the employer is bound by it once issued. Withdrawal and revocation must comply with the provisions of Article 141 (withdrawal) and Article 476 (revocation) of the Civil Code.[法条原文]
Onboarding Notice and Duty to Inform——Article 8 of the Labor Contract Law provides that when an employer recruits workers, it shall truthfully inform the workers of the work content, working conditions, work location, occupational hazards, work safety conditions, labor remuneration, and other circumstances the workers require to be informed of.[法条原文]
Prohibition of Withholding Documents and Collecting Property——Article 9 of the Labor Contract Law: When recruiting workers, an employer may not withhold workers' resident identity cards and other documents, and may not require workers to provide guarantees or collect property from workers in other names.[法条原文]

Cite primary sources. Verify currency.

Step 5: Content of the Offer Letter

Read the offer letter. Check:

Chinese law does not apply the concept of "at-will employment." Under Chinese law, termination of a labor contract must have a statutory ground (Articles 36-42 of the Labor Contract Law). The offer letter must not include language such as "the company may terminate at any time without reason"—such clauses are invalid for violating mandatory legal provisions.

The legal nature of the offer letter is clear (an offer, with a time limit for acceptance)
Conditions are clear (passing background check, passing medical examination, prior employer has terminated the labor contract, etc.)
Start date, position title, salary, and reporting relationship are clear
Probation clause is lawful (Article 19 of the Labor Contract Law: for a contract term of 3 months or more but less than 1 year, probation shall not exceed 1 month; for 1 year or more but less than 3 years, not exceed 2 months; for 3 years or more and indefinite-term, not exceed 6 months; probation wages shall not be less than 80% of the agreed wage and not less than the minimum wage standard)[法条原文]
Work location and work content are clear
If equity incentive clauses are included: consistent with the plan documents
Confidentiality and intellectual property ownership clauses (if applicable)
Non-compete clause (if applicable): complies with the three requirements of Article 24 of the Labor Contract Law—eligible subject, agreed term not exceeding 2 years, agreed compensation

Offer letter vs. labor contract. Reminder: An offer letter cannot replace a written labor contract. According to Article 10 of the Labor Contract Law, a written labor contract shall be concluded within one month from the date of employment when an employment relationship is established.[法条原文] If not signed for more than one month but less than one year, double wages shall be paid (Article 82).[法条原文]

Output

Jurisdiction assumption. This review applies the employee work jurisdiction rules determined in Step 1. The enforceability of non-compete restrictions, working hours system classification standards, and local requirements vary significantly by province/municipality, and some rules have changed in recent years. If the candidate's work location changes, or the position spans jurisdictions, this review may not apply.

[工作成果标题——根据插件配置 ## Outputs——因角色不同；见 `## Who's using this`]

## 录用审查：[候选人] — [岗位] — [管辖地]

**总体：** [可以发出 | 需修改 | 上报]

### 管辖地：[省/直辖市]
[管辖地表条目。任何自动上报触发条件。]

### 工时制度分类
[标准工时制/综合计算工时制/不定时工作制分类意见，基于研究的适用标准和岗位性质。
任何标记。]

### 竞业限制与保密条款
[如适用。基于研究的管辖地规则的可执行性意见，附精确定位引用和时效说明。
建议修改。]

### 管辖地特定要求
[个人信息保护、禁止歧视、录用通知书法律效力、通知义务等——每项附研究和引用，或标记需要研究。]

### 录用通知书
[通知书本身的任何问题]

### 行动事项
- [ ] [发出前需要的具体修改]

Follow-up Action Threshold (Issuing the Offer Letter)

Before giving a "can be issued" recommendation or issuing a final offer letter for signature: Read ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md in ## Who's using this. If the role isnon-lawyer：

Issuing an offer has legal consequences—the offer letter constitutes an offer, and non-compete, working-hours system classification, and jurisdiction-specific provisions are difficult to revoke once issued. Have you reviewed this offer with a lawyer? If reviewed, continue. If not reviewed, here is a brief to take to a lawyer:

Candidate, position, jurisdiction (actual place of work)

Working-hours system classification opinion (standard/comprehensive/irregular) and reasons

Non-compete/confidentiality provisions in the offer letter and enforceability analysis

Applicable jurisdiction-specific requirements (personal information protection, offer letter offer effect, probation period compliance)

Unresolved issues and undetermined matters

Possible risks (liability for misclassification, unenforceable non-compete, missing statutory notification obligations, provisions conflicting with mandatory law)

Questions to ask the lawyer (is this the correct template for this jurisdiction; can the company standard non-compete be used here; what notification documents must accompany the offer letter)

If you need to find a lawyer: please contact your local bar association or call the 12348 legal aid hotline for a referral.

Do not output a final "can be issued" conclusion until explicit confirmation is received. Output marked as draft for lawyer review is permitted.

End with the next-step decision tree

End with the next-step decision tree in CLAUDE.md ## Outputs . Customize the options based on what this skill just produced—the five default branches (draft X, escalate, obtain more facts, watch and wait, other options) are a starting point, not locked-in items. The decision tree itself is the output; the lawyer chooses.

What this skill does not do

Draft offer letters—it reviews.
Make hiring decisions—it checks documents.
State non-compete or working-hours system classification rules from memory—each jurisdiction-specific opinion is based on research citation sources with verified timeliness.
Conduct in-depth research on a new jurisdiction on its own—flag that research is needed and use wage-hour-qa or outside counsel to supplement.