If it has been a while (say over a year or longer) since you reviewed and updated your China employer rules and regulations, you should get on it now. Creating employer rules and regulations (a/k/a an employee handbook) takes a fair amount of hard work, but
I am always writing how it has become more important than ever for foreign companies in China to have China-centric employment contracts and employer rules and regulations (aka employee handbook). But to stay on the right side of China’s toughened employment enforcement and to avoid costly disputes with your employees, you need more. You need
Our China lawyers sometimes get “simple” questions from our WFOE clients regarding China’s labor law. One such question is whether they must use Chinese as the prevailing language for their employment contracts with their employees, especially with their expat employees. This
As China steps up its tax enforcement against both foreign companies and foreigners, we are seeing increasing instances where expat employees working in China are having their salaries “split” by their Chinese or foreign company employers. We strongly counsel our employer clients against doing this sort of salary splitting and we even more strongly counsel
As part of our China employment work, our China employment lawyers are often tasked with helping expats navigate the China employee onboarding process, including reviewing and revising their employment-related documents, such as employment contracts. This involves our making sure our clients’ contracts protect their interests and achieve their goals and minimize the likelihood of
China places many restrictions on hiring employees using employee dispatch companies (a/k/a third party hiring agencies) and there are a number of legal issues foreign companies that go this route should consider, and IP is one of them.
Normally, the way this system works is the foreign company and the employee dispatch company sign a
China is not an employment-at-will jurisdiction and terminating China employees is nearly always difficult. To make things even more challenging, many foreign companies doing business in China manage their China affairs from afar. To prevent employment (and especially termination)-related problems, you need to use enforceable employment contracts and employer rules and regulations and you also
As we are in the third quarter of the calendar year, we are just starting to ramp up our employer-employee audit for our China clients. The importance of these audits has significantly increased over the years.
The below is not intended to be an exhaustive list of what you should be working on to bring
Our lawyers support both employees and employers on China employment law matters. As a result, we constantly receive emails from both employees and employers whose questions often involve employees who face termination or have disputes with their employers, or employers having a hard time understanding China’s employment laws.
We can rarely provide instantaneous answers to
If you take the time to understand and act according to China’s key employment laws, you can prevent many of the problems foreign employers typically face in China. Investing the time and money up front is much less expensive than the alternative. These eight tips will help