You should have a China-centric contract when doing business in China or even with China. See China Contracts: Make Them Enforceable Or Don’t Bother. This holds doubly true for employment contracts with China employees because those agreements are highly local. And though I should not have to say this, translating your existing employment agreements into
Your company is a service provider. Let’s say your business assists domestic and foreign entities register drugs with the FDA. You are contacted by a Chinese entity to do a registration. You submit a written, signed invoice to the Chinese entity and you require payment in advance. Within five days, you receive payment. But you
According to the Hong Kong Free Press (and a number of other newspapers) The Shanghai government this week “ordered the closure of one of the city’s top maternity hospitals saying it was illegally built on land owned by the armed forces, according to an official notice.” According to the article, the hospital, Shanghai International Women’s
The China legal world has been abuzz this last weekend about a Chinese court in Wuhan enforcing a California judgment against a couple of Chinese citizens. On one level this is indeed a huge deal, but on a practical level, this really does not change anything with respect to what you as an American company
China employees have many rights they cannot contract away. China employee working hours is a good example of this. As I have written previously, most China employees can only work under China’s “standard working hours system,” and in most places in China, that means a 40-hour work week — 8 hours a day and 5
Multi-level companies want to go into China. But as the following portion from a memorandum from one of our China compliance lawyers shows, multi-level marketing in any form is prohibited in China per the Regulations for the Prohibition of Pyramid Selling (2005). Article 7 of the Pyramid Selling regulations prohibits the following: Payment to promoters
Most Americans do not understand court corruption. Otherwise they would not so frequently say there is no point in bringing a lawsuit in such and such a court because it’s corrupt. Corruption influences (sometimes greatly) court cases, but neither as often nor as much as widely believed. When dealing with court corruption, one has to
China’s Regulation on Paid Annual Leave for Employees (《职工带薪年休假条例》) entitles employees who have worked continuously for one year to paid annual leave. China employees are entitled to the following statutory vacation periods, based on length of employment More than 1 and less than 10 years service: 1 week (5 days) vacation More than 10 and
As a general rule, the creator of an original work (e.g., a song, movie, or video game) owns the copyright in that work. This is true in the United States and China, and in most every other country in the world. The main exception to the general rule is for “works for hire,” which are
It is common for China employers to deliver an offer letter to a potential expat employee stating the employer’s intent to enter into an employment relationship with that employee. An offer letter is typically a 1-2 page document and it usually proposes the employee’s work title, responsibilities and duties, work location, wages, employee benefits, and
