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Tag Archives: Labor law

Everything You Always Wanted To Know About China Law. The Bibliography.

Posted in Basics of China Business Law, Legal News, Recommended Reading

I am going to be speaking at USC this weekend and in poring over old PowerPoints (to create a new PowerPoint for my talk), I came across one with a fairly extensive China law bibliography of some of our most helpful posts.  This bibliography is definitely slanted towards the legal issues that confront foreign companies… Continue Reading

China Non-Competes. The Basics Have Become Clearer.

Posted in Basics of China Business Law, Legal News

Earlier this year, China’s Supreme People’s Court of China promulgated various interpretations of various employment law issues.  These interpretations were intended to clarify and for the most part, they did.  In particular, what was once unclear about non-competes signed by China employees has now become much clearer.  I am not going to compare the old… Continue Reading

China Employee Non-Competes. Do Not Try This At Home.

Posted in Legal News

Many American companies (at least outside California where employee non competes are generally considered invalid) love non competes and they use them as a matter of course with most (sometimes all) of their employees.  Generally a non-compete agreement or a non-compete provision in an employee contract provides that the employee cannot work for one of… Continue Reading

Wanna Get Sued In China? Don’t Pay Overtime.

Posted in Legal News

China’s Labor Contract Law (which law applies to every employment relationship in China) is very clear: employers must pay their employees for overtime. Though there are some exceptions, these exceptions are not nearly as broad or as easy to obtain as is widely believed. Overtime payments are 150 percent for each overtime hour worked on… Continue Reading

Wanna Get Sued In China? Your Ex-Employees Can Help.

Posted in Legal News

China Daily (h/t to my friend Brian over at China Challenges) just came out with an article headlined, “Cases soar as workers seek redress.” The article gives facts behind what many of us already know: “the number of labor disputes heard by courts has skyrocketed this year.” I knew it because my firm’s handling of… Continue Reading

China’s New Labor Law And Why Vietnam Is No Big Thing

Posted in Legal News

“T’aint no big thing….” Bryan Ferry, Roxy Music I remember a time (Reagan era, I believe), when there was considerable talk about greatly reducing public television (PBS) funding here in the United States. In response to this, PBS reacted like any good bureaucracy does. It threatened to terminate that which the people found most precious…. Continue Reading

China’s New Labor Law As Plague On All Employers’ Houses.

Posted in Legal News

As regular CLB readers know, we have been repeatedly preaching (right word) for some time about the massive impacts to expect from China’s new labor contract law, which went into effect just this year. Our consistent theme has been that disgruntled employees represented by Chinese litigators will bring an ill wind to all employers in… Continue Reading

Chinese Law Is Not An Ass, At Least For Western Companies.

Posted in Legal News

The Off The Record Blog just did a short, sweet, blunt post on the law in China that is only half right. The post is entitled, the “The Law is an ass and there you have it.” It consists of the following quote from “a prominent Chinese lawyer during a private discussion about China’s new… Continue Reading

China’s Proposed Labor Law Causing Sucking Sounds

Posted in Good People

The other day I posted on China’s proposed new labor laws, in a post entitled, “China’s Proposed Labor Law: Going After Capitalists Like China, 1967.“  Got a great comment from Seoul super-lawyer, Brendan Carr, that is so good and so helpful, it deserves its own post.  So here goes, in Brendan’s own words: Korea already… Continue Reading

Chinese Labor Laws And Sticking It To The Man — The Draft Version Only

Posted in Legal News

I hate draft laws.  Hate ‘em, hate ‘em, hate ‘em. We American lawyers are trained to “think like a lawyer” (for what that may mean, go here, here, here, or here), not to learn laws by rote.  And if we lawyers are not expected to know laws by rote that have already been enacted, why… Continue Reading