Electronic labor contracts facilitate the parties to bond labor contracts and the development of e-government services, promoting the informationization and intelligence of human resources management. However, there are also technical thresholds and risks, as well as problems of data security and personal information protection. The study argues that electronic labor contracts should be drafted up on the basis of content that “can be regarded as a carrier of data messages in written form” and “using a reliable electronic signature”. Electronic labor contracts and written labor contracts have the same legal effect. Thus, other human resources management acts of the employing unit and the acts of the workers have the same legal effect as long as they meet the specifi c formal requirements in electronic form. Since the initiation and conclusion of electronic labor contracts are mainly controlled by the employer, the risk and burden of proof in the contract formation process are also mainly borne by the employer. It is suggested in the research that China should introduce national unifi ed electronic labor contract rules as soon as possible, handle the relationship between convenience and safety, and improve the relevant data security and personal information protection system.