Your employers no longer able to secretively cancel your work permit in Shanghai

Recently, I scored a big victory in a case against Shanghai Labor Department ("SHD") in which we sued SHD for wrongly cancelling the work permit of my client, an American individual. The court judgment, coming after long period of intentional delay, declared that SHD's cancellation of alien work permit based on the unilateral application by employer …

bargain for a liquidated damages clause in your employment contract

Very often, foreign employees feel screwed by China labor laws in the case of labor dispute with their companies.

A typical case will be like this: an expat employee with a high monthly salary well above RMB 23,375, is unlawfully dismissed lately before expiry of the one year labor contract term, say with another two or three months left. Now, the company or …

A positive change in favor of expat employees in Shanghai

Shanghai is hot destination for expat workers. However, Shanghai city is not really as nice towards expat employees as towards foreign capital.

One of the things that make an expat working in Shanghai not all that pleasant and joyful is the local regulation in Shanghai that allows employers to stipulate, almost at will, conditions for terminating the employment…

Procedures and tips for expats working in China

China has enacted a special regulation governing foreigners working in China, namely, "Administrative Provisions regarding Foreigners Working in China", coming into force on May 1, 1996.

According to this Administrative Provisions, in order to employ an expat:

1. the expat shall meet the following criteria:

(1) over 18 years old; 18-60 for males, and 18-55…

China to impose criminal liability on employers refusing to pay salaries and drunken drivers

China parliament, the Standing Committee of the National People's Congress, has in Feburary of 2011 enacted a very important amendment to the current China Criminal Law, the eighth Amendment.

The Eighth Amendment included fifty articles, a substantial revamp of the Law. Among those revisions, two have caught a lot of attention and sparked waves in the public.…

Employment with a representative office in China

Frequently I was inquired by people working in a representative office (hereinafter "Rep Office") of a foreign Company about labor & employment issues. Recently I have also represented a foreigner, a representative in a Rep Office of a foreign architecture firm, in a labor dispute. I feel it necessary to clarify some of the rules regarding employment …

China to expand work injury coverage to its workers

China state council is considering revising the current Work Injury Insurance Regulation, according to news.

The major focus is on whether injury happening on the way to office or home should be regarded as work injury. Currently, it is provided in the regulation that injury caused by road accident involving motor vehicle (on the way to office or home) shall…