It is not news that Chinese labor authorities have been cracking down on employers that fail to make social insurance payments for their employees. What is news is that Chinese labor authorities are taking that enforcement to the next level. Last week, 28 government departments (including the National Development and Reform Commission, the People’s Bank
On September 5, 2018, the PRC National People’s Congress issued a new draft of Several Sections of the PRC Civil Code (the “Draft”) for public comments until early November. The Draft would provide heightened protection against sexual harassment on a national level and would also impose more obligations on China employers. Below are a few highlights
China Law Professor Donald Clarke sent me a great article this week from New York Magazine, entitled, How China Drove Out Mister Softee. Professor Clarke’s email with the link said the following: Thought you might like this. Interestingly, it is NOT a story of “guy skirts rules, naively trusts Chinese partner, gets screwed.” It’s “guy does
My law firm’s China employment lawyers have done a ton of employer audits this year and from those we compiled the following list of the most common “warning signs” of impending employment problems. 1. All or some of your employment documents are in English only If your employment documents are in English, you are giving
If I were to list the ten biggest/most common mistakes my law firm’s China lawyers see, not forming a China subsidiary when necessary and forming a China subsidiary when not unnecessary would both be on that list. We write constantly about the risks of doing business in China without a subisidiary. See Doing Business in
I do mean to sound alarmist here. Almost since this blog’s inception, we have written about how if you are doing business in China you need a Chinese legal entity, be it a Wholly Foreign Owned Entity (WFOE), a Joint Venture (JV) or a Representative Office (RO). And pretty much each time, our writings on
Our China business lawyers see 5-10 China contracts a month written by others. We often are sent these from a potential or actual client who wants us to review and revise their contract or determine how it might fare were they to pursue a breach of contract claim. Other times, we get them simply because
Companies often contact our China lawyers on “how to get money out of China”. These questions usually arise from a Chinese entity purchasing assets like real estate or stock and other securities and then failing to perform on its deal payment obligations. The Chinese side claims it wants to pay, but the Chinese government will
My law firm writes more China NNN Agreements than any other contract. We have been drafting 5-15 of these a month for more than 15 years. These are basic and important agreements no matter what your industry. We write China NNN Agreements to protect against disclosure, competition, and circumvention. For more on what goes into
Not a week goes by without one of the China attorneys at my firm getting an email or a phone call from someone (usually an American or a European) wanting us to help them complete a house sale to a Chinese citizen or with some plan for selling houses to Chinese citizens. They want to
