China allows for non-compete agreements that prohibit high level employees from working for another company that competes with the employer. However, these agreements are generally limited to senior management, senior technicians and other personnel who have a confidentiality obligation to the company. In exchange for the employee’s promise to maintain the non-compete requirement, the employer

To describe employer and employee taxes in China as complicated is an understatement.  My law firm generally advices its clients to secure bookkeeping/accounting assistance for this, just as they generally use a payroll service back in their home country.  Because of this, we generally do not get much involved with calculating these figures.  However, a

I was talking with a client today for whom we are doing what I consider to be our standard China start-up “package.”  We are helping them form a WFOE, helping with the legal side of their lease, registering and protecting their IP in China, and drafting their China employee manuals and employee contracts. 

I mapped

American companies are constantly asking us to draft employment contracts between their American company and their Chinese “employee.” One big problem. Such contracts violate Chinese law.

Under Chinese law, only Chinese entities are allowed to have employees based in China. in addition, China does not generally allow for the hiring of independent contractors. If a

China employment lawyer

The implementation regulations for the new Chinese Labor Contract Law were promulgated on September 3. When the draft regulations were issued earlier this year, we discussed some of the proposed changes (here), and despite having shrunk from 45 articles to 38, the content of the regulations remain relatively intact. You can read the