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 confusion
How to determine the validity of the China company chop/stamp/seal that will be going on your China contract and why this matters. What exactly is a China company chop? How to distinguish a fake company chop from a real one.
Yesterday I attended a USPTO webinar, How the U.S. government can help companies protect and enforce their IP in China. It was informative and I highly encourage anyone interested in IP protection in China to attend future webinars. Moreover, it brought back memories of my own stint in the government helping American companies protect their
Contents of this Article: I. Cybersecurity with Chinese Characteristics: The Party is the leader of everything. II. China’s Comprehensive Network Security Program III. China’s Regulatory System: The Multi-Level Protection Scheme (MLPS 2.0) IV. Cryptography is not a solution. V. A Concrete Example: The Golden Tax Malware Program VI. How Companies are Pushed into an Insecure
If you want to set a probation period to test out a new China employee hire, you need to clearly say so in the new hire’s employment contract. Both the employer and the employee can use the probation period to their advantage: for example, a probationary employee can resign with only 3 days’ notice—a much
When one of our international lawyers is contacted to “draft a contract” we usually must first determine whether it is time to draft the contract or not. For example, if a client wants us to draft an OEM Agreement to have its widgets manufactured by Company A, there is no point in our starting on
Got an email yesterday with a link to an old discussion on a Reddit group regarding the cost of setting up and doing business in China. The discussion began with someone seeking information regarding the best way to set up a business in China and information about what that will cost. I am not going
Crafting Contract Damages in China: Experience, Art, and Prudence As I was going through my overflowing email inbox last weekend, three emails about contract damages really jumped out at me. But before I dive into those emails, I will first seek to demystify the concept of contract damages and explain why it’s so important for
China employers must have written employment contracts with each of their full-time employees. Not having a written employment contract exposes employers to penalties (payable to their employees), administrative fines and the risk of being deemed to have entered an open-term employment contract with the employees lacking the written contract. Most companies now understand this, but
Our China lawyers have gone through many China downturns in the last twenty years, but none to match the current one. China’s relations with the rest of the world are in a free-fall and China’s economy is hurting. Whenever either of these things are true, China steps up its tax collection and compliance enforcement against
