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
Tag Archives: Non compete
How To Stop Your Chinese Supplier From Becoming Your Competitor.
Posted in Legal NewsRenaud Anjoran over at the Quality Inspection Tips blog recently wrote on “How your Chinese suppliers might become your competitors.” Anjoran provides some excellent suggestions for preventing your China supplier from competing with you, based on his notes from a talk by Paul Melkebeke, Vice President Supply Asia for Samsonite. Melkebeke talked of how building a… Continue Reading
China Employee Non-Competes. Do Not Try This At Home.
Posted in Legal NewsMany 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
China NDAs/NNN Agreements. What You/We Need To Know.
Posted in Basics of China Business Law, Legal NewsProbably 99% of the Non Disclosure Agreements we see that have been used “quickly” by American companies with their potential Chinese counter-parties are defective, usually terminally so. One of the things that most frequently makes them defective is that they call for disputes to be resolved in the United States. The problem with that is… Continue Reading
Why Non Disclosures (NDAs) Alone Are Not Enough For China, Part II. At Least Make It Enforceable.
Posted in Basics of China Business Law, Legal NewsThis is part II of our series on what are commonly referred to as non disclosure agreements or NDAs. In Part I, “Why Non Disclosures (NDAs) Alone Are Not Enough For China,” we talked about how many companies are using inadequate, off the shelf American NDAs in China. Those agreements are inadequate for three primary… Continue Reading
Why Non Disclosures (NDAs) Alone Are Not Enough For China.
Posted in Basics of China Business LawThe other day, I did a post on why Non-Disclosure Agreements are so often critical for those doing business with China. Within a few hours of that post, entitled, “China Non Disclosure Agreements (NDA). A Really Good Thing,” my co-blogger, Steve Dickinson, was pointing out how if we were going to talk about non disclosure… Continue Reading
Employee Non-Compete Agreements In China. It’s Complicated.
Posted in Basics of China Business LawBy Steve Dickinson Chinese employment law presents many challenges to US employers. One issue that causes much confusion is the proper use of non-compete agreements with Chinese employees. Before China adopted its Labor Contract Law (“LCL”) in 2008, it was common for foreign employers to require all of their Chinese employees to enter into non-compete… Continue Reading
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