Pull out and look at your contract with your Chinese counter-party. Does it have a force majeure clause? If it does not, put it away and count yourself lucky. If it has a force majeure clause, pour gasoline or lighter fluid or nail polish all over it and light it. JUST KIDDING. Well only sort
You Need an NNN Agreement for China IP Protection Relying on a standard Western-style NDA to protect your IP from China sets you up for IP theft because NDAs have critical limitations that render them ineffective for China. You need an NNN agreement tailored specifically for China. This post explains what an NNN agreement is,
Contents of this Article: The Situation: Foreigners at Risk in China The Inconsistency of Chinese Law and Punishment Important Points of Chinese Criminal Law The Risks of Working and Living in China The Increasing Risk of Doing Business in China Stay Within Chinese Law How Can You Protect Yourself and Your Company A NOT New
A China employment contract must specify the employee’s working hours and the working hours system under which the employee will work. The employee contract for an employee working under the standard hours system must state the employee will have “standard” working hours (this generally means 8 hours a day and 40 hours a week) and
A few months ago, we did a post titled, Want to Keep Your Business in China? Do These Things NOW. We wrote that post because we were (and still are) seeing a massive uptick in foreign companies getting into legal trouble with the Chinese Government. China’s government has a long history of cracking down on
1. China is Cracking Down on Foreigners China has laws and it enforces its laws. And like pretty much every country in the world, China enforces its laws unevenly. By unevenly, I mean it is not uncommon for China to enact a law and then not enforce it for a few years and then all
Contents of this Article: Employer Rules and Regulations Are Key to China Employer Compliance Chinese Law Requires Every Full-Time Employee to be Hired Pursuant to a Written Employee Contract Employer Audits Employee Terminations With China’s economy in decline and so many foreign companies in China laying off employees, it should come as no surprise the
China Does Not Have an Attorney-Client Privilege In the United States and much of the rest of the world, private communications between a lawyer and their client are protected from disclosure without the client’s consent. This fundamental protection does not exist in China. The Critical Risks of No Attorney-Client Privilege in China Confidentiality is the
Our clients are always asking us how they should set the employment term — especially the initial employment term — in their China employment contracts. The short answer is the typical lawyer answer: it depends on the situation. This being said, for new employees, our China employment lawyers usually recommend a three year initial term.
When my law firm represents a company that provides services to Chinese companies, we start by focusing on the payment terms. If the Chinese company will not be paying our client the entire amount upfront — which rarely happens — our China lawyers need to draft the contract to ensure our client gets paid. The
