China employment law

Manage your boss


I have just made a post of “Manager your manager” which is written from legal perspective.

I encountered randomly an interesting article published on Harvard Business Review, entitled “Manager your boss”, purely from the business operating perspective. I think it is worth a careful read for people in any organization.

You may…

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 employer…

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…

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…

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…