Guangdong is the first province to have issued a guiding opinion on the labour laws. The opinion attempts to clarify some of the ambiguities in the PRC Employment Contract Law, which took effect in January this year. But the issuance of the rules has caused considerable controversy, with some arguing the Guangdong authorities do not have the right to issue guiding opinions and that some its contents are, as a result, against the national law.
By Jianjun Ma of Jun He Law OfficesOn May 14 2007 when both employers and employees in mainland China were keeping their eyes on the review of and voting…
Judy ChanRouse & Co [email protected] owners have had different reactions to the outcomes of the recent G2000 and Schneider cases.Chinese…
The Opinion addresses issues concerning payment of social insurance premiums by the employer, employment arbitration awards, severance pay, fixed-term employment contracts, non-compete provisions and overtime wages in Guangdong Province.
By Chris Xiaoyun Lin of Akin Gump Strauss Hauer & FeldIn early July, the All China Federation of Trade Unions (ACFTU) announced a 90-day campaign to…
By Dr. Ulrike Glück and Julia Tänzler, CMS Hasche Sigle Shanghai OfficeOn January 1 2008, the new PRC Employment Contract Law1《中华人民共和国劳动合同法》…
China's legal market continues to attract high-end, complicated and multi jurisdictional work and in Beijing this month, the China Law & Practice awards will reflect the complexities and challenges. Chris Bisogni and Joanna Law provide a summary of the deals and firms that made the 2008 shortlist.
Clearer standards to deal with securities-related crimes.
Shareholder right to dissolve the company clarified.
Despite some remaining flaws, arbitration is still the preferred method of dispute resolution for investors in China. This is not only due to the generally applicable advantages of arbitration over litigation but is also linked to the particularities of the Chinese legal system. However, these particularities should be carefully taken into account when drafting the arbitration clause in a contract involving a Chinese party, otherwise the arbitral process could lead to an unenforceable and useless award.