China question: What are some of the key things I should look at when drafting employment contracts?
I have had to switch a lot of my employees to direct hires because of the amendments to the Employment Contract Law.
Guangdong Province, Regulations on the Collective Bargaining and Collective Contracts of Enterprises (Draft Amendments for Comments)
General Plan for the China (Shanghai) Pilot Free Trade Zone
[Full Text Translation]
The Zone selects the financial services, shipping services, trade services, professional services, cultural services and social services sectors for increased liberalisation.
Ministry of Human Resources and Social Security, Several Provisions on Placement (Draft for Comments)
Labour Tribunal jurisdiction clarified
Opinion: Regulating labour dispatch
Draft provisions have clarified some of the grey areas in the Employment Contract Law and would place a strict limit on the percentage of placed workers that can be employed
Draft Provisions limit placed workers to 10%
Draft provisions have clarified some of the grey areas in the Employment Contract Law and would place a strict limit on the percentage of placed workers that can be employed. But there are still grey areas that companies need to be aware of
Interview: How to be local and follow global rules
Jo Xu, General Corporate Counsel in Shanghai for the British chemicals and precious metals company Johnson Matthey, talks to David Tring about her legal career, Matthey’s increasing legal team and how the Employment Contract Law is affecting her work
Opinion: Under greater scrutiny
Draft Regulations from the State Council shows the government’s commitment to increasing regulation of foreigners employed in China
Confusion reigns as Employment Contract Law comes into effect
The amended Employment Contract Law came into effect this week, but businesses that use dispatch workers are still waiting for some of the key provisions to be clarified
China Securities Regulatory Commission, Provisions for the Administration of the Equity Incentive and Restriant Mechanism of Securities Companies (Draft for Comments)
China question: How do I terminate an employment contract in China?
My company is a foreign-invested enterprise, how do I ensure that when I terminate an employment contract I can avoid costly labour disputes and penalties?
Why representative office placement does not work
A representative office using temporary workers is challenging and more burdensome than direct employment, as agencies in practice release all responsibility after workers have been placed. Legal reforms have not clarified the situation, which means it may be time for investors to switch to a WFOE
Ministry of Health, Measures for the Administration of the Diagnosis and Assessment of Occupational Diseases
Process for assessment of occupational diseases simplified for workers.
Interpretation on Several Issues Concerning the Application of the Law in the Trial of Employment Disputes (4)
[Full Text Translation]
A worker may request for 30% of his/her average wage for performance of non-compete obligation.
Rethinking the labour dispatch model
Using labour dispatch workers is a well-established and popular model in China, but the system has been difficult to regulate effectively. The latest amendments to the Employment Contract Law are a step forward, but enforcement remains crucial
Supreme People’s Court, Interpretation on Several Issues Concerning the Application of the Law in the Trial of Criminal Cases on Refusal to Pay Labour Remuneration
Interpretation gives definition to labour remuneration.
SPC strikes balance over employment contracts
An Opinion from the Supreme People’s Court over employment contracts has given welcome guidance on non-compete compensation amounts and deals with some of the most common labour dispute problems
PRC Employment Contract Law (Revised)
[Full Text Translation]
Employment by way of placement is a supplementary form and may only be applied to temporary, ancillary or substitute positions.
Employment Contract Law: loopholes revealed
The amendments to China’s 2008 Employment Contract Law have closed some loopholes but simplistic definitions and vague wording have created new ones. Questions also remain over how aggressively the new Law will be enforced
Taiwan Focus: Dismissing employees
The Labour Standards Act sets out the minimum standards for terminating employees in Taiwan. With such rigid legislation, how can employees ensure they are complying with the Act?
Guangdong Province, Regulations for Monitoring Labour Protection
Employers violating labour protection regulations will have difficulties borrowing loans from banks.
Organisation Department of the Central Committee of the Communist Party of China, Ministry of Human Resources and Social Security and Other Three Departments, Circular on Issues Relevant to Facilitating Visa Issuance and Residence Procedures for Foreign Senior Skilled Personnel Coming to China
Five-year multiple entry visas offered to foreign talents.
2012 Review: Employment Law - Exit-entry Law, female workers and social insurance
For the first time, the Standing Committee produced a unified immigration law, which encourages foreign talent to work in China. Social insurance schemes also became more attractive as international agreements were signed, putting an end to double contributions
2012 Review: Dispute Resolution - all eyes on CIETAC
All eyes were on the China International Economic and Trade Arbitration Commission (CIETAC) in 2012 as two sub-commissions broke away with the Commission’s new Arbitration Rules as one of the contributing reasons for the split