China places many restrictions on hiring employees using employee dispatch companies (a/k/a third party hiring agencies) and there are a number of legal issues foreign companies that go this route should consider, and IP is one of them. Normally, the way this system works is the foreign company and the employee dispatch company sign a
Contents of this Article: I. Cybersecurity with Chinese Characteristics: The Party is the leader of everything. II. China’s Comprehensive Network Security Program III. China’s Regulatory System: The Multi-Level Protection Scheme (MLPS 2.0) IV. Cryptography is not a solution. V. A Concrete Example: The Golden Tax Malware Program VI. How Companies are Pushed into an Insecure
In China Distribution Contracts: The Questions We Ask, we wrote about some of the initial questions we ask our clients for whom we are drafting China distribution contracts. That post started out discussing how forming and then operating a China WFOE is difficult and expensive — see Forming a China WFOE: Ten Things To Consider
If you want to set a probation period to test out a new China employee hire, you need to clearly say so in the new hire’s employment contract. Both the employer and the employee can use the probation period to their advantage: for example, a probationary employee can resign with only 3 days’ notice—a much
China has all sorts of rules that apply to foreign conversions and remittances. In this post I look at some basic due diligence that can identify or avoid defaults or delays in money transfers out of China. If you don’t get paid, ask yourself these questions before you rush to blame the Chinese company: 1.
When one of our international lawyers is contacted to “draft a contract” we usually must first determine whether it is time to draft the contract or not. For example, if a client wants us to draft an OEM Agreement to have its widgets manufactured by Company A, there is no point in our starting on
I have never handled a DUI, a divorce, or any type of litigation, not even for friends or family. I have never negotiated with a union, navigated customs, immigration, or import/export duties, drafted a pension plan, or handled a bankruptcy. I could go on for pages listing out the legal matters I have never handled
Got an email yesterday with a link to an old discussion on a Reddit group regarding the cost of setting up and doing business in China. The discussion began with someone seeking information regarding the best way to set up a business in China and information about what that will cost. I am not going
If you take the time to understand and act according to China’s key employment laws, you can prevent many of the problems foreign employers typically face in China. Investing the time and money up front is much less expensive than the alternative. These eight tips will help you stay on the right track. 1. Write
China employers must have written employment contracts with each of their full-time employees. Not having a written employment contract exposes employers to penalties (payable to their employees), administrative fines and the risk of being deemed to have entered an open-term employment contract with the employees lacking the written contract. Most companies now understand this, but
