China Employee Confidentiality and Noncompete Agreements
China Employee Confidentiality and Noncompete Agreements are confusing and often drafted and/or handled incorrectly by foreign companies.
Arlo is based in Bogotá, where he advises clients on Latin America and China business issues. In addition, Arlo has advised clients on the establishment of several independent and joint venture international schools and he is a frequent speaker at international school conferences.
China Employee Confidentiality and Noncompete Agreements are confusing and often drafted and/or handled incorrectly by foreign companies.
If you are a China employer, you need written employment contracts with enforceable provisions for all of your China employees. But merely putting the terms and conditions regarding the employment relationship in writing is not sufficient to protect you. An unenforceable employment contract or even an unenforceable provision in an otherwise well-written employment contract can hurt you as the employer.
When our employer clients seek our counsel on new China employee hires, we usually (but not always) advise they use an initial fixed term of three years. We also recommend that before the initial employment term is up, they consider whether to extend the employee’s contract for a second employment term.
China NNN Agreements are usually THE key to protecting your IP against China. Done right, they are nearly flawless. Done wrong (which nearly all are) they are worse than nothing at all. In this post, I explain the basics on how to draft a China NNN Agreement that will work.
China's online gaming market is the largest in the world in terms of revenue, but its online gaming laws, market access restrictions, and censorship make it difficult for non-Chinese developers to sell their online games into China. This post sets out the basics on what it takes for foreign companies to get their online games into China.
Due diligence is an investigation of a business or person prior to entering a contract. It often involves a comprehensive appraisal to establish assets and liabilities or to evaluate commercial potential. Though due diligence is important anywhere, it is especially important when dealing with companies in countries where things are often not what they seem and where the legal system is less than ideal.
The best time for implementing a set of China employer rules and regulations is when your China entity is being formed and you start recruiting employees. This allows you to have your first group of hires sign off on your employer rules and regulations and ensures you are fully covered. Our China employment attorneys recommend a yearly audit of every China company's employment documents (including their rules and regulations) to ensure they are up to date with all legal and company and employee changes.
China’s New Personal Information Protection Law Forced Out Yahoo and Linkedin. In this article, we explain how companies operating in China must comply with China's new Personal Information Law and how they can accomplish this.
China Manufacturing Template Agreements do not work and here's why.
A checklist for getting into compliance with China's employment laws