China Employee Vacation Days: China Employment Law Writ Small

China Employee Vacation Days: China Employment Law Writ Small When it comes to your China employment law matter, you should keep the following three important precepts always in mind: China’s employment laws and its legal system favor employees over employers. As in most countries, the employer is presumed to be the more powerful party, so…

China Customs Violations and How to Avoid Jail Time

China Customs Violations and How to Avoid Jail Time An article from CBCNews, entitled, B.C. winery owners facing life in Chinese prison for smuggling, shows how risky it can be to get on the wrong side of China’s customs service. The article is on a Canadian couple facing a long jail term in China for allegedly underreporting…

China Employee Terminations when Economic Circumstances Change

China Employee Terminations when Economic Circumstances Change China employment law: know the rules Terminating a China-based employee usually requires good cause. A serious breach of employer rules and regulations can be a basis for an employer’s unilateral termination of an employee, but China employers have other options as well. A China-based employer may terminate an employment contract…

Negotiating China M&A Deals: Watching a Bit of the Sausage Get Made

Negotiating China M&A Deals: Watching a Bit of the Sausage Get Made The below is an email from one of our China corporate transactional lawyers to a client in the midst of dealing with a Chinese company interested in buying our client. Though it is from quite some time ago, I have modified it slightly to…

Chinese Companies and Western Laws. Ugh.

Chinese Companies and Western Laws. Ugh. We are constantly writing about American and European companies that do business in China or with China without sufficiently recognizing that China isn’t Frankfurt and Chinese law is not British law and Chinese courts are not American courts. In other words, they may give lip service to the idea…

China Employment Law: Simple Questions and Complex Answers

China Employment Law: Simple Questions and Complex Answers China employment law — Watch your local regulations Our China lawyers are always getting a slew of emails from both employees and employers doing business in China. The questions typically involve employees who are questioning their treatment or who want to change jobs or employers who want our…

China Contract Templates: the Cons and the Cons

China Contract Templates: the Cons and the Cons We are often asked to draft China employment contracts for WFOEs and Joint Ventures. Our first response is to ask the potential client whether their Chinese entity already has a set of Rules and Regulations (sometimes called employer manual or employee handbook). If the answer to that…

Foreign Arbitration for Chinese Companies: the Domestic Rule

Foreign Arbitration for Chinese Companies: the Domestic Rule A European company once came to my law firm wanting us to assess an arbitration it wanted to bring in Geneva, Switzerland between its China WFOE (the putative plaintiff) and a Chinese domestic company (the defendant) with which it had contracted. The contract provided for arbitration in…

China Hardware Startups: Recalls, Returns and Failures

China Hardware Startups: Recalls, Returns and Failures A houghtful and helpful blog post over at the Dragon Innovation Blog, entitled, Recalls, Returns and Failures: Let History Be Your Guide. This post is geared to companies that have their hardware made in China, but its words of wisdom apply to the manufacturing of pretty much any product…

Our China Law Blog Social Media Empire

Our China Law Blog Social Media Empire We created a China Law Blog Group on LinkedIn to provide a spam-free forum for China networking, information and discussion. We are nearing 11,500 members and the number and — most importantly — the quality of our discussions continues to increase as well. We have had some great discussions, as…