China Law & Practice

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Walmart China interview: How to survive and stay ahead July 28 2015
Daniel Shih, senior vice president and general counsel of Walmart China, explains how his team deals with workforce challenges and shifting legal landscapes in consumer protection, food safety and FDI
The best ways to handle large-scale layoffs June 26 2015
As companies in China cut back on manpower to cope with the effects of a slowing economy, employment practitioners share key pointers on how best to manage the increasingly independent and active workforce during the process
Ministry of Human Resources and Social Security, Provisions for Personnel Cutbacks by Enterprises (Draft for Comments) [Law Digests] January 29 2015
人力资源社会保障部企业裁减人员规定 (征求意见稿)
Collective bargaining explained – Taiwan Focus January 27 2015
Taiwan’s employment laws allow workers to form labour unions and require companies to establish labour-management conferences. Here is everything you need to know about collective bargaining and setting the right working conditions
How to prepare for collective bargaining in Guangdong January 8 2015
Guangdong’s collective contract rules give labour unions a more active role and prevent employers from delaying negotiations. Companies must prepare to deal with more informed employees and resolve issues efficiently and effectively
China question: How do I handle my employees’ social insurance payments? January 5 2015
I have heard that underpaying social insurance is a major cause of labour unrest in China. How do I calculate employees’ contribution amounts correctly and ensure all payments are made in compliance with labour and insurance laws? What is the most cost-effective way to handle this?
Guangdong Province, Enterprise Collective Contract Regulations (Revised) [Full Text Translation] December 11 2014
广东省企业集体合同条例 (修订)
Guangdong allows collective wage bargaining.
How to prepare for labour disputes November 11 2014
Jay Chen and John Dong of Baohua Law Firm explain the employment challenges faced by multinationals in China and advise on how to prevent disputes
Opinion: Identifying work-related injury November 6 2014
The Supreme People’s Court has issued new rules regarding work-related injury insurance disputes. They streamline judicial standards by clarifying labour relationships, burden of proof and trial procedures, say Jay Chen and Joe Zou
Provisions on Several Issues Concerning the Trial of Administrative Work-related Injury Insurance Cases [Full Text Translation] October 30 2014
Employees may claim work-related injury insurance benefits if injured while shopping on their way home.
Shanghai Municipality, Special Administrative Measures for Foreign Investment Access in the China (Shanghai) Pilot Free Trade Zone (Negative List) (Revised in 2014) [Full Text Translation] September 12 2014
More foreign-invested projects have been removed from the Shanghai FTZ negative list.
State Council, Guiding Opinions on Accelerating the Development of Production-type Service Industries to Promote Restructuring and Enhancement of the Industrial Structure [Law Digests] August 14 2014
Enterprises in the environmental sector are eligible for 15% tax rate.
State Council, Opinions on Further Promoting Reform of the Household Registration System [Law Digests] August 8 2014
China dismantles segregation of urban and rural residency.
Why workers’ insurance matters June 12 2014
As a supplier to Nike and Adidas found out to its cost, companies can no longer ignore rules on social insurance. Internal auditing and coordinating with the local authorities are needed to avoid expensive disputes
How to employ in Macau – Macau Focus May 8 2014
The labour authority of Macau has put in place strong guidelines and requirements for the employment process in order to meet the rocketing economy’s demand for workforce
Rethinking hiring practices May 8 2014
The new labour dispatch law is an effort to promote stable employment and discipline agencies, but enforcement remains unclear and more detail is needed on the penalties for violating threshold requirements
How to deal with labour crises April 28 2014
As labour unrest increases, it is vital that companies implement the right strategies to handle the problem. Effective communication and negotiation with employees and other activists can go a long way in reducing the burden on management
Tentative Provisions on Temporary Placement [Full Text Translation] April 10 2014
The number of temporary placement workers used by enterprises may not be more than 10% of the enterprises' total workforce.
Bill for the Amendments to the PRC Work Safety Law (Draft) [Law Digests] March 10 2014
中华人民共和国安全生产法修正案 (草案)
Shanghai Municipality, Special Administrative Measures for Foreign Investment Access in the China (Shanghai) Pilot Free Trade Zone (Negative List) (2013) [Full Text Translation] January 16 2014
上海市中国(上海)自由贸易试验区外商投资准入特别管理措施 (负面清单) (2013年)
The Negative List specifies foreign investment projects that are restricted or prohibited in the Shanghai Pilot Free Trade Zone.

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