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
Many companies operating in China expect their China-based employees to work overtime whenever needed to “get the job done.” Though imposing these sort of work hours can make sense in their home countries, this mindset is at odds with China’s laws. It gets even worse in China when the employer intends to discipline or termiante
In October 2016, China initiated a pilot program for foreigner work permits in a few cities (including Beijing and Shanghai) and provinces that integrates foreigner entry employment licenses and foreign expert employment licenses into one “foreigner employment permit.” This pilot program is intended to streamline current application and administration procedures and processes and to attract more high-level
I was talking with one of our China lawyers the other day about how we get the same emails and phone calls from companies with China legal problems that either cannot be solved or cannot be solved at a fee that will make sense. We then discussed how so often these problems could have been
Many believe that forming a China WFOE consists mostly of filling in lines on an application and submitting it to a China government office and then sitting back and waiting. If you share this belief, you are, among other things, ignoring all that goes into deciding how to manage the WFOE once formed. I was
The Supreme People’s Court of China just gave Michael Jordan a partial victory in his long-running trademark battle with Qiaodan Sports. As I wrote last year, Jordan has been trying for years to cancel trademarks he alleges Qiaodan Sports registered in bad faith, including the marks “乔丹” (the Chinese-language version of “Jordan”) and “Qiaodan” (the
For the last few months, I alone have been averaging a call or email a day from someone inquiring about getting money out of China. Yesterday’s calls were typical. One was from a realtor wanting to know how the Chinese buyer of a two million dollar house could get her money out of China to pay
