If you are an expat working or seeking a job in China, your China employment contract really matters. Let me be clear. Your final executed China employment contract really really matters and if you plan to travel all the way to China to take a new job there, or even just take a new job there, you should do all of the following Have your proposed employment contract checked by a China employment lawyer to make sure it fully protects you and includes EVERYTHING you need or want to be included. View Full Post
As I have previously written, one of the best grounds for unilaterally terminating a China employee without having to pay statutory severance is for a serious breach of employer rules and regulations. The basic rule is that if you as an employer do not have specific provisions in your rules and regulations that will justify the termination, you may have no recourse against an employee, no matter how terrible your employee’s conduct. View Full Post
Hiring China Employees DURING WFOE Formation Be safe. Hire after your China WFOE has been formed. If you are a foreign (i.e., non-Chinese) entity with no legal presence in China, you cannot directly hire any employees in China. The basic rule is that you cannot hire a Chinese individual until after you have formed an entity (e.g., a WFOE) there and violating this rule can (and nearly always does) bring all sorts of bad things down on everyone involved. View Full Post
Shenzhen, China, Gets Clear on Non Competes Shenzhen employment law To ensure smooth implementation of the measures on handling labor disputes and to “harmonize” the interpretation and understanding of the application of laws in employment cases, the Shenzhen labor arbitration committee recently released a summary of its meeting minutes to address issues regarding adjudication of labor disputes. View Full Post