Because of this blog, our China lawyers get a fairly steady stream of China law questions from readers, mostly via emails but occasionally via blog comments or phone calls as well. If we were to conduct research on all the questions we get asked and then comprehensively answer them, we would become overwhelmed. So what we usually do is provide a quick general answer and, when it is easy to do so, a link or two to a blog post that provides some additional guidance. We figure we might as well post some of these on here as well. On Fridays, like today.
One of our China employment lawyers sent me an email from the head of HR (based in the United States) of a potential client regarding an employer audit. In these audits our China employment lawyers start by reviewing all of the client’s employment documents, mostly consisting of their various contracts with their employees. After our employment lawyer explained the basics of what we do in our employer audits, the potential client mumbled — to the extent you can mumble in an email — how, “in the end, does any of this really make sense when everyone knows employees in China always win.”
That’s actually a good question because in employee-employer lawsuits the employee does pretty much always win. See China Employment Arbitration: Good Luck With That Battle. So why even bother?