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
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
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
Crafting Contract Damages in China: Experience, Art, and Prudence As I was going through my overflowing email inbox last weekend, three emails about contract damages really jumped out at me. But before I dive into those emails, I will first seek to demystify the concept of contract damages and explain why it’s so important for
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
Our China lawyers have gone through many China downturns in the last twenty years, but none to match the current one. China’s relations with the rest of the world are in a free-fall and China’s economy is hurting. Whenever either of these things are true, China steps up its tax collection and compliance enforcement against
In The Chinese Government is Accessing YOUR Network Through the Backdoor and There Still is NO Place to Hide, I explained how Chinese banks are requiring their account holders to install malware which allows the Chinese government to see All account holder data — financial or otherwise. We received the usual set of comments we get
How to Avoid International Business/Legal Problems. Preparation is everything and we explain how to prepare.
With the world economy in a tailspin, our international lawyers have been seeing a massive uptick in international scams. This post describes some of what we are seeing and sets out the basics for what you can do to avoid becoming a scam victim. Quick summary: 1) If it seems too good to be true,
