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      <title>China Law Blog - China's New Labor Law And Why Vietnam Is No Big Thing - Comments</title>
      <link>http://www.chinalawblog.com/</link>
      <description>China Law for Business</description>
      <language>en</language>
      <copyright>Copyright 2011</copyright>
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      <item>
         <title>Sinosceptic</title>
         <description><![CDATA[<p>I've said it before and I'll say it again - any legitimate and forward thinking company that cares about it's employees and their welfare has no problems with the new labour laws.  As GM of a growing US company (60 employees this time last year, 115 as of now and expecting ~180 by year end) I only look on the new law from the positive.  Don't try to fight it just get on with it and comply.  We were probably about 90 to 95% compliant before the draft law was released and were fully compliant long before implementation.  That was mostly due to the fact that we based our own policies, procedures and principles of our own US based HR activities.  That along with the fact that we always advocate 100% compliance with all Chinese laws.</p>

<p>Sure we're looking at India - but not as an alternative, more as an additional opportunity with the added benefit of not having all our eggs, etc.</p>

<p>We're by no means a large company in China but it wasn't really that difficult to do.  I get bewildered by those small companies who complain that they're too small to implement such changes.  Well, to them I say - try doing it for 100 employees and then also think about those companies that employ thousands.  Doing it for a few should be simple and straightforward and it's no where near as difficult - or costly - as you might.  Spend less time in the bars and brothels and devote sometime to considering those that work for you.  Of course, if you don't like it and don't want to comply with Chinese laws, then don't.  You have alternatives - like a one way ticket back to where you don't want to go cause you can't make any money.</p>

<p>Apols for the tirade (oh, I could go on) - it's a hot stick day here in NJ.</p>]]></description>
         <link>http://www.chinalawblog.com/2008/05/chinas_new_labor_law_and_why_v.html#11019</link>
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         <category domain="http://www.chinalawblog.com/">Legal News</category>
         <pubDate>Tue, 20 May 2008 21:29:07 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>Joello</title>
         <description><![CDATA[<p><br />
This is a "law blog" and your subject is a "law" but the truth is that what's going on right now - or rather just started now - is far greater than the written word in the law.  I have been to lunch on Saturday with Chinese friends who mentioned how they have been dragged to court by two employees suing them just because they can and just because this employer cant really do anything about it to defend itself (trust me, this is the true situation). He will have to pay and ALL the other employees will know that they can do it now as well. THIS is the situation. It's not the "law", it's business and HR. It's implications will be seen perhaps a few years from now.</p>]]></description>
         <link>http://www.chinalawblog.com/2008/05/chinas_new_labor_law_and_why_v.html#11020</link>
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         <category domain="http://www.chinalawblog.com/">Legal News</category>
         <pubDate>Tue, 20 May 2008 21:29:07 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>Bob S</title>
         <description><![CDATA[<p>For sure, there's been a lot of hand wringing and weeping and wailing by the factories. I agree, what I suspect have been closing are second and third tier local, HK and TW factories, of the type  that any really reputable company wouldn't want to work with anyway. </p>

<p>That having been said, down here in Dongguan there's several other factors affecting the exodus, ranging from local government policy to tax breaks running out, to labor shortages to rising labor costs.  The Labor Law is a good excuse, but I think is just the scapegoat. </p>

<p>I've been running a series of posts on my blog <a href="http://www.chinafubar.com" rel="nofollow">http://www.chinafubar.com</a> regarding "Where Next" and an as of yet unmentioned possibility on my blog is out of the Pearl River Delta, to inland locations, which I feel is more likely in the long run.</p>]]></description>
         <link>http://www.chinalawblog.com/2008/05/chinas_new_labor_law_and_why_v.html#11021</link>
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         <category domain="http://www.chinalawblog.com/">Legal News</category>
         <pubDate>Tue, 20 May 2008 21:29:07 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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         <title>Dan Harris</title>
         <description><![CDATA[<p>Nyon Trang,</p>

<p>I think you have misunderstood my post.  I am actually a huge booster/fan of Vietnam and we have recommended it to many a client and then helped them locate there.  But, and I am sure you will agree with me on this, it is not the best country for every sort of company and, in most cases, it does not make sense to uproot an already established factory and essentially relocate it to Vietnam.  Companies that are making money just don't tend to do that sort of thing.</p>]]></description>
         <link>http://www.chinalawblog.com/2008/05/chinas_new_labor_law_and_why_v.html#11022</link>
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         <category domain="http://www.chinalawblog.com/">Legal News</category>
         <pubDate>Tue, 20 May 2008 21:29:07 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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         <title>Joello</title>
         <description><![CDATA[<p>Sinosceptic, I think you are completely missing the point here; you can comply 100% (congratulations for being the only one that can actually figure it out 100%) and it would still affect you. If you don't get it now you'll get it in time, as it seems you are quite new.</p>]]></description>
         <link>http://www.chinalawblog.com/2008/05/chinas_new_labor_law_and_why_v.html#11023</link>
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         <category domain="http://www.chinalawblog.com/">Legal News</category>
         <pubDate>Tue, 20 May 2008 21:29:07 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>Sinosceptic</title>
         <description><![CDATA[<p>Joello - of course it will still affect us, but please don't assume that I'm as stupid, ignorant and naive as you. Of course I'm new here - I only arrived just over 7 years ago and I've only been the GM of 2 companies in China (one JV and one WFOE) so I'm still quite wet behind the ears and I bow down to your superior and worldy experience.  I'll be sure to email if I need your sage advice.</p>

<p>Oh, and what point do you think I was missing?</p>]]></description>
         <link>http://www.chinalawblog.com/2008/05/chinas_new_labor_law_and_why_v.html#11024</link>
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         <category domain="http://www.chinalawblog.com/">Legal News</category>
         <pubDate>Tue, 20 May 2008 21:29:07 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>jim</title>
         <description><![CDATA[<p>i agree with joello.  sinosceptic, you might be trying to comply, as we all have, but sooner or later you are going to be slapped with a complaint from probably your worst worker who is going to accuse you of terrible things.  even though in your heart you are trying to be compliant, you will lose big time.  i think you are naive and missing the point.  7 years and 2 companies or not, the day is coming when you will be affected negatively by this law and then you will be back, hat in hand telling us how this labor law sucks.</p>

<p>joello is right, even complying 100% with this labor law isn't going to save you from the problems with this law.  if it was as simple as being compliant i could easily agree with you.  but i have been sued by one worker who received a 120,000 rmb settlement that was totally unjust and the rest of the workers ran to file their suits too.  i have now closed the factory.  i always paid my workers above average salary, never overworked them and was more than 100% compliant.  but as anyone who has a shred of experience in china knows, it is impossible to do everything right all of the time.  try as you might to be complaint, someone somewhere forgot to do something and you will hang for it.</p>

<p>come back after you have been sued once or twice and lost a couple in court.  after you lose your cherry on that one you will fully understand.  </p>

<p>for the record, i hope you never have to experience it.</p>

<p>jim</p>]]></description>
         <link>http://www.chinalawblog.com/2008/05/chinas_new_labor_law_and_why_v.html#11025</link>
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         <category domain="http://www.chinalawblog.com/">Legal News</category>
         <pubDate>Tue, 20 May 2008 21:29:07 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>Alain</title>
         <description><![CDATA[<p>Not specifically about the new Labor Law, but about China vs Vietnam.<br />
Lots of Taiwanese companies with operations in China are splitting heavily to Vietnam...and not SME ones: HonHai, Compal...<br />
HonHai has signed a deal for a US$ 5 billion park to be opened near HCM.<br />
Sure their industries are also labor-intensive, although less than the shoes and toys manufacturers, but labor is important...<br />
Now in Vietnam, this year, because of the wild inflation, there have been numerous strikes in factories...So why Taiwanese investors leave China?? They were the first ones to rush to invest into China in 1990 !!<br />
My guess is the labor law is just the last straw on the back camel: add the RMB appreciation, the disappearance of preferential tax treatment, the perception of a very instable society (83,000 riots acknowledged by the government in 2007), and the inflation . Ok the inflation is same problem in Vietnam...but right now,in east China , average salary is at least 2000 rmb (i.e. us$ 290) while it is about 60 to 80 US$ in vietnam...<br />
Vietnam starts from the basis where China was in 1998...That's the real difference in my opinion.</p>]]></description>
         <link>http://www.chinalawblog.com/2008/05/chinas_new_labor_law_and_why_v.html#11026</link>
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         <category domain="http://www.chinalawblog.com/">Legal News</category>
         <pubDate>Tue, 20 May 2008 21:29:07 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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