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Damage for people suffering from non work related death in Shenzhen

Damage for people suffering from non work related death in Shenzhen

If death is not the result from work related injury then article 14 and 15 in Regulation on Work-Related Injury Insurance shall not apply. People who die from non-work related injury are not entitled to damages set out in regulation on work rated injury insurances but other laws and provisions. In general, family dependents of the people who die of non-work related injury are entitled to 9 to 15 months’ salary as damages. The salary shall be per capital wage of the local employees in that city in the previous year but not the salary of the deceased. Please refer to the website for details.

working permit and labor contract for a foreign employee in China

working permit and labor contract for a foreign employee in China

What’s the relationship between working permit period and the termination of the labor contract for a foreign employee in China? According to Chinese relevant laws and regulations, if a foreigner wants to be a legal employee in China and be protected by the Chinese Labor Law and Chinese Labor Contract Law, he or she needs two things first: one is the Working Permit for Foreigners, the other is the Residence Permit for Foreigners. After the foreigner gets them, he can sign a labor contract with the employer and become a legal employee in China.

3 Steps to Terminate a Trouble-making Employee

3 Steps to Terminate a Trouble-making Employee

Many bosses feel that it is a headache to terminate the employment of an employee because they think that Chinese labor law is too strict on the employer and any termination would result in huge compensation. It is true that there were many employers who lost their cases and paid compensation when I handled some cases as labor arbitrator.

5 points of annual leave in China

5 points of annual leave in China

Annual leave is paid time off work granted by employer to employee in accordance with Chinese relevant laws and regulations. The employees of units such as authorities, organizations, enterprises, institutions, private non-enterprise units and individually-owned commercial and industrial businesses with employees that have been worked continuously for more than one year are entitled to paid annual leave. Here are 5 points of annual leave need to be noted.

Surviving until Next Spring – Staff Downsizing

Surviving until Next Spring – Staff Downsizing

Many foreign companies in China do not understand certain cases of disputes such as a deadlock in operation. Some members of staff simply intend to make trouble for the company, even if all procedures and compensations are lawful. They think the deadlock, not a labor arbitration or litigation, is the best way to get more compensation. In these cases, the company must remain calm, be patient and cooperate with local governmental authorities to solve the problem. Even if your company is under pressure by the government to promptly resolve the dispute, you may still insist on your rights to lawful settlement via the proper legal channels.

Is it infringe the commercial secret that you employees or clients steal your clients?

Is it infringe the commercial secret that you employees or clients steal your clients?

It is definitely obnoxious and vexatious situation when the displaced employees or your business partners steal your clients and make of use of your disclosure. Because of such ambiguity law statement, such case is also difficult for our lawyers to prevent or to deal with. Is it commercial secret infringement when displaced employees or business partners doing business with the clients’information that belongs to you?

Is it valid for the compensation of the Competitive transaction paid together with the salary?

Is it valid for the compensation of the Competitive transaction paid together with the salary?

Many people think that the agreement in the labor contract is invalid because of the 108 clause written for the adjudication guidelines in 2015 by the intermediate court in Shenzhen. The regulation on the labor contract was clear. If the salary covers the compensation which was created from the competitive transaction, then the agreement in the labor contract is invalid. However, this would have been turned out differently if the agreement in the contract was written that the compensation and the salary should be paid separately.