Way back in the pre-coronavirus days -- October 30-2019 -- in Do Not Let Force Majeure be a Major Force In Your China Contract, we did a post warning of force majeure provisions in contracts with Chinese companies. That post began with the following warning/joke; Pull out and look at your contract with your Chinese
The issue of forced labor in China has been in the news recently. In part, this is due to the connection between this issue and the larger human rights crisis in Xinjiang. However, forced labor is hardly a problem confined to Xinjiang, as a recent scandal involving British supermarket chain Tesco shows. Last month, Tesco
We Americans do not like foreign governments or their agents meddling in our domestic affairs, whether it is China, Russia, Iran, Syria, or some less reprehensible regime. We do not even like friendly foreign governments meddling in our affairs. I am not talking about traditional CIA/007 spies or agents who operate in the shadows, mainly
The PRC National People's Congress on October 26 enacted the long awaited Encryption Law (密码法）, which will come into effect on January 1, 2020. The official text of the law can be found here and an English language summary can be found here: The Law is another piece of the comprehensive cybersecurity system China is rolling
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
A conventional Western NDA often focuses on the wrong risks for China manufacturing. A properly drafted China NNN Agreement goes further by restricting competitive use, unauthorized disclosure, and circumvention—and by addressing the parties, forum, language, and remedies that matter if something goes wrong.
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
