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Practice area

Labor & Employment

Analysis, practice notes and commentary in this area from China Law Insider.

Non-Compete Compliance under New Rules — Guidance for Foreign Invested Enterprises
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Non-Compete Compliance under New Rules — Guidance for Foreign Invested Enterprises

Late last year, the Interpretation II of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (“Interpretation II”) and the Guidelines for Enterprises on Compliance in the Implemen-tation of Non-Compete Agreements (“Compliance Guide-lines”) were

3 min read
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Labor & Employment
When Non-Renewal Becomes Termination: What China’s Latest Judicial Interpretation Means for Employers
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When Non-Renewal Becomes Termination: What China’s Latest Judicial Interpretation Means for Employers

For many years, employers in China relied on what appeared to be a clear statutory framework: fixed-term employment contracts could be renewed once, and upon expiration of the second term, an employer could elect not to renew without necessarily incurring ter-mination liability.

4 min read
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Labor & Employment
Protecting Worker Safety in China: Why It Matters
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Protecting Worker Safety in China: Why It Matters

Workplace and Worker Safety Laws in China Many countries have governmental occupational health and safety standards to protect workers on the job. In the United States, the federal Occupational Safety and Health Administration (OSHA) of the United States…

8 min read
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Labor and Employment Law
How to Protect Trade Secrets in China When Employees Leave
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How to Protect Trade Secrets in China When Employees Leave

Trade Secrets in China The challenge is thus how a Chinese company can protect its trade secrets when an employee quits to either start a competing business of his or her own or to join a competitor without violating PRC law in the process As China continues…

7 min read
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Business In China
The Reinstatement of an Employee Under Chinese Law
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The Reinstatement of an Employee Under Chinese Law

China's Labor Contract Law gives a wrongfully terminated employee the right to demand their job back. In practice, reinstatement is often the remedy nobody wants.

7 min read
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Labor & Employment
Employee Handbooks in China: Why You Should Have One
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Employee Handbooks in China: Why You Should Have One

China Employment Law and Employee Handbooks In many Western countries, written employee handbooks have been standard practice for most employers for decades. These handbooks provide a uniform set of guidelines that the employer follows in terms of employee…

8 min read
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Business In China
The Keys to Terminating an Employee in China
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The Keys to Terminating an Employee in China

Employee terminations in China can be quite unlike terminating an employee in other countries. Whether the termination is for cause because the employee was embezzling from the company or for legitimate performance reasons, terminating an employee in China…

7 min read
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Arbitration and Litigation