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Employment in China is Job One: Make This YOUR Business

By Dan Harris on December 29, 2008
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China job offer letters

When I was in high school, I went to a bakery in Budapest, Hungary, during the Communist era. The bakery was tiny — the kind that in the United States would have at most two people working there. I was the only customer. I ordered from one woman, was instructed to go to the cash register by another woman, had my pastry wrapped by another woman, had my pastry handed to me by a fourth woman, and paid a fifth woman. Now that’s what I call full employment.

China is not near to that yet, but foreign businesses would be wise not to underestimate how important it is to Chinese government functionaries that “their constituents have jobs. I thought about this last week when two of my law firm’s clients told me of their discussions with Chinese government people where the Chinese government people had stopped by to pretty much just make sure these two companies had no layoff plans. Both clients told me no threats of any kind were made, but both felt their relationship with the government would be much better if nobody got laid off.

Today, the always excellent Managing the Dragon blog did a post aptly entitled, “Jobs: Now “Job One” in China,” [link no longer exists] in which it talks about the heightened importance of jobs in China right now. The post goes on to set out the following “suggestions for foreign investors in China:”

  • If you are in a joint venture, now is not the time to be pressing for those labor-saving measures to increase its efficiency. In the best of times, Chinese partners and the local governments they answer to are sensitive to any job cuts that may threaten stability. In the current economic climate, expect the resistance to be even greater.
  • If you have a wholly-owned company in China, be careful in how you implement any layoffs. In the face of uncertain economic prospects, Western companies will instinctively seek to adjust employment levels, which is understandable. Even though your operation in China may be wholly-owned, however, this will not stop laid-off workers from taking their complaints to the local government–and the government will be listening. Talk to your friends in the local government ahead of time so there are no surprises.
  • Make the most of any expansion plans your business may have in China by publicly or privately announcing them. China has a long memory and remembers companies and individuals who come forth in difficult times.

I concur.

Photo of Dan Harris Dan Harris

Dan is a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

He primarily represents companies doing business in emerging market countries, having spent years building and maintaining a global, professional network. 

…

Dan is a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

He primarily represents companies doing business in emerging market countries, having spent years building and maintaining a global, professional network.  His work has been as varied as securing the release of two improperly held helicopters in Papua New Guinea, setting up a legal framework to move slag from Canada to Poland’s interior, overseeing hundreds of litigation and arbitration matters in Korea, helping someone avoid terrorism charges in Japan, and seizing fish product in China to collect on a debt.

He was named as one of only three Washington State Amazing Lawyers in International Law, is AV rated by Martindale-Hubbell Law Directory (its highest rating), is rated 10.0 by AVVO.com (also its highest rating), and is a recognized SuperLawyer.

Dan is a frequent writer and public speaker on doing business in Asia and constantly travels between the United States and Asia. He most commonly speaks on China law issues and is the lead writer of the award winning China Law Blog. Forbes Magazine, Fortune Magazine, the Wall Street Journal, Investors Business Daily, Business Week, The National Law Journal, The Washington Post, The ABA Journal, The Economist, Newsweek, NPR, The New York Times and Inside Counsel have all interviewed Dan regarding various aspects of his international law practice.

Dan is licensed in Washington, Illinois, and Alaska.

In tandem with the international law team at his firm, Dan focuses on setting up/registering companies overseas (via WFOEs, Rep Offices or Joint Ventures), drafting international contracts (NDAs, OEM Agreements, licensing, distribution, etc.), protecting IP (trademarks, trade secrets, copyrights and patents), and overseeing M&A transactions.

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  • Posted in:
    Corporate & Commercial, International
  • Blog:
    China Law Blog
  • Organization:
    Harris Sliwoski
  • Article: View Original Source

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