Why Amending China Employee Contracts is Risky

By | China Law Blog | July 22, 2017
China employment lawyersChina employment law: it’s a maze out there. It is usually very difficult to back out of or even change a China employment contract  Once a China employment contract has been signed, it is particularly difficult for the employer to unilaterally change any of its terms, especially the important terms such as the employee’s wages and position. View Full Post
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China Employment Contracts: Don’t Wait

By | China Law Blog | July 14, 2017
China employment contracts. Don’t wait. Our China employment lawyers often get questions from employers on what they should do to onboard new hires. The number one rule with a new employees is to have a written employment contract with them, assuming you have already done the following: You checked your new hire’s credentials, made sure his/her previous employment relationship ended properly (you usually can do this by checking your new hire’s proof of termination of employment relationship document),  View Full Post
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China Employee Overtime Claims

By | China Law Blog | June 29, 2017
China employment law auditChinese employees constantly litigate overtime claims against their China employers. Many foreign employers in China assume their employees have the burden of proving overtime was actually incurred. But they are only sort of correct. The governing judicial interpretations (i.e., Interpretation (III) of the PRC Supreme People’s Court of Several Issues on the Application of Law in the Trial of Labor Dispute Cases) shift the burden to the employer if the employee produces evidence showing the employer holds the relevant evidence. View Full Post
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Terminating a China Employee Without Severance: The Shanghai Version

By | China Law Blog | June 23, 2017
As I have previously written, one of the best grounds for terminating a China-based employee without having to pay severance is serious breach of employer rules and regulations. I have also written how employers may have no remedy against an employee if they have no specific provisions in their rules and regulations justifying the termination of an employee for serious wrongdoing. View Full Post
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Terminating a China Employee Without Severance: It Can Be Done

By | China Law Blog | June 10, 2017
Want to be able to terminate an China employee? Have the right tools.Terminating a China employee? You need the right tools. I am constantly writing about how China’s labor laws generally favor employees and how Chinese arbitrators and courts also favor employees. However, employers who do all the right things can prevail against their employees, or at least create enough of a chance for prevailing to greatly reduce the severance they need to pay their departing employee to get that employee to agree not to sue. View Full Post
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China Employee Salary Reductions: It’s Complicated

By | China Law Blog | June 6, 2017
Can an employer in China unilaterally reduce the salary of one or more of its employees? Like so much having to do with China employment law, it depends. Because labor remuneration is an often-litigated issue in China, employers should be very careful when reducing an employee’s salary and should take that action only when prepared to defend it before an arbitrator or a judge. View Full Post
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China Employee Vaction Days: China Employment Law Writ Small

By | China Law Blog | May 25, 2017
China employment lawWhen it comes to your China employment law matter, you should keep the following three important precepts always in mind: China’s employment laws and its legal system favor employees over employers. As in most countries, the employer is presumed to be the more powerful party, so the law provides the employee with many protections. View Full Post
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