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
Since October 6, 2018, one of our recurring themes has been that China has become far more difficult for foreign companies. It is what we have been calling the New Normal. This New Normal extends to all foreign companies that do business in or with China, but it has hit U.S. and Canadian companies particularly
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
Saca y echa un vistazo al contrato que tienes con tu contraparte china. ¿Incluye una cláusula de fuerza mayor? Si no es así, guárdalo y considérate afortunado. Si incluye una cláusula de fuerza mayor, échale gasolina, líquido para encendedores o esmalte de uñas por todas partes y préndele fuego. ES BROMA. Bueno, más o menos...
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
Un contrato de trabajo en China debe especificar el horario laboral del empleado y el régimen de jornada laboral al que estará sujeto. El contrato de un empleado que trabaje bajo el régimen de jornada estándar debe indicar que tendrá un horario laboral «estándar» (lo que suele significar 8 horas al día y 40 horas a la semana) y
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
