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Category: Employment law

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Shenzhen New Labor Law Judgment Guideline
21 May
Posted in Employment law

Shenzhen New Labor Law Judgment Guideline

This Guideline has the following characteristics: 1. The Guideline is very rich in content and has 117 clauses with more than 29 thousands characters including 15 thousands of explanation so that it will be easier to be understood. 2. The Guideline is a combination of past guidelines of the Shenzhen Intermediate Court or meeting minutes of Shenzhen Labor Arbitration committee. 3. The Guideline is also a written confirmation of many practice in judgment, for example, employment shall be transferred into service contract once employee is over retirement age.

Surviving until Next Spring – Staff Downsizing
21 May
Posted in Employment law

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?
21 May
Posted in Employment law

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?
17 May
Posted in Employment law

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.

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