Category Archives: Labor Law

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Coming to America…to Wait Out the Coronavirus — Visa & Immigration Considerations

With the growing concern about Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) some foreign nationals who live outside the U.S. have decided to fly to the U.S. and wait out the crisis.  This article discusses the related visa and immigration issues, and what U.S. Customs and Border Protection requires to admit someone into the U.S.… Continue Reading

China Enacts New Employment Law Affecting Employers Who Do Not Directly Employ Their Workers

By Brian Arbetter and Terese Connolly  China has a new employment law. This new law significantly impacts an employer who does not directly employ its own workers, but instead uses agencies such as FESCO or third party staffing companies, also known as labor dispatching agencies. At the end of 2012, the Standing Committee of the National People’s Congress … Continue Reading

Work and Resident Permit Applications of Foreign Employees in China

By Xinlan Liu The most important issue for foreigners working in China is to apply for work and resident permits with Chinese authorities. Compare with the procedures and documents required for foreigners who work for a foreign enterprise’s representative office in China, those for the foreigners working for foreign invested enterprises are more complicated and … Continue Reading

Supreme People Court’s Interpretation on Employment Law Issues

By Sharon Xu  Employers need be aware of a recent interpretation issued by the PRC Supreme Court which clarifies a number of employment issues related to service year, non-competition, amendment to employment contract and employment relationship of foreign individual. The PRC Supreme People’s Court issued the Interpretation on Several Issues concerning the Application of Laws … Continue Reading

Employers Beware-Newly Issued Judicial Interpretation Resolves Ambiguity Under The Criminal Law For Failure To Pay Wages

By Russell Leu  Employers in China who intentionally default on making payment to their workers beware. It is no coincidence that China’s People’s Supreme Court issued a Judicial Interpretation on January 22, 2013, made effective on January 23, 2013, which further clarified the 2011 amendment to the criminal law making the intentional failure to pay … Continue Reading

Beware of Local Layoff Procedures

The global economic downturn has impacted employers in China and, as with their U.S. counterparts, some of them are conducting mass layoffs in order to reduce costs. In addition to complying with layoff-related requirements under the PRC Labor Law, employers in China should take note of new local laws related to layoffs, and take steps … Continue Reading

China Enforces New Labor Law

Since 2008, China has taken into effect three new Labor laws: Labor Dispute’s Mediation and Arbitration Law, Employment Agreement Law, and Implementation Regulations on the Employment Agreement Law.  These new labor laws are measures taken by the government to assist in China’s transition of economy and society.  The new laws will strengthen the protection of … Continue Reading
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