Hiring Employees from Hong Kong, Taiwan, and Macau: What You Need to Know

Categories: Labor and Employment Law | By Peter Pang

The term “Mainland China” (with an upper-case “M”) is a political rather than geographic designation. It refers to the territory of China minus Hong Kong, Taiwan, and Macau, which issue their own currencies and enforce their borders with immigration barriers requiring document inspection. If your company seeks to hire employees from these regions to work…

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Reward and Remuneration Standards for Employee Inventors in China

Categories: Labor and Employment Law | By Peter Pang

If your company is involved in an industry where it is likely that at least one of your employees is likely to invent something in the course of his duties or using company resources, you need to remember that the treatment of employee inventions works differently than it probably does in your home jurisdiction. Naturally,…

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PRC Employment Law: Using FESCO for Labor Dispatch and Other Necessary Tasks

Categories: Labor and Employment Law | By Peter Pang

Contrary to the popular conception, a FESCO (Foreign Enterprise Service Corporation) is not a single, monolithic entity. Rather, it is a catch-all term for many different Chinese companies that provide similar services. The main reason for the popularity of FESCOs is that to hire any employee (whether foreign or local), Chinese law requires the employer…

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Chinese Overtime Law

Categories: Labor and Employment Law | By Peter Pang

The labor law of the PRC is based primarily on the PRC Labor Law and the PRC Labor Contract Law. Overall, Chinese labor law is quite employee-friendly, especially compared to countries such as the United States, and it contains some very specific principles on overtime pay. This article will briefly describe the basic principles as…

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PRC Employment Law: Conducting Background Checks on Employees

Categories: Labor and Employment Law | By Peter Pang

Conducting a background check on a job applicant is a routine activity all over the world, although far too many employers ignore this critical step in the hiring process. The information sought typically includes academic background, employment history, and criminal record. Conducting background checks in China, however, involves special considerations relating to the sourcing of…

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Handling Internal Investigations in China: Special Considerations

Categories: China Business Ventures, Labor and Employment Law | By Peter Pang

As recently as the 1990s when investment in China was used primarily as a means of exploiting cheap labor resources, skepticism abounded as to whether China itself would ever become a consistently profitable market for Western companies. China’s consumption market has exploded since then, however, and this new prosperity has fueled a high demand for…

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Protecting Worker Safety in China: Why It Matters

Categories: Blog, Labor and Employment Law | By Peter Pang

worker safety 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 Department of Labor is responsible for regulating the workplace conditions and safety. OSHA was created in the early 1970’s, the agency is responsible…

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How to Protect Trade Secrets in China When Employees Leave

Categories: Business In China, China 101, Labor and Employment Law | By Peter Pang

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 to develop truly world-class e-commerce and other Internet and technology companies like…

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The Reinstatement of an Employee Under Chinese Law

Categories: Arbitration and Litigation, Blog, Business In China, Foreign Direct Investments, Labor and Employment Law | By Peter Pang

If you are a Chinese employer and have terminated an employee, it is highly likely the employer may seek redress through the courts in an effort to rescind their termination and be reinstated. Chinese employment law is extremely employee friendly and there are very limited circumstances under which an employee can be terminated when compared…

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Employee Handbooks in China: Why You Should Have One

Categories: Blog, Business In China, China 101, Labor and Employment Law | By Peter Pang

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 dress codes, vacation policies, procedures and grounds regarding discipline and termination of employees, and a whole host of other issues that may arise…

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