China labor and employment laws have become increasingly complex and pro-employee. This has driven up the cost of doing business, but at the same time, has also allowed for the development of a new generation of sophisticated employees that are more innovative, capable, hardworking, able to handle high end tasks, and politically sensitive and astute relative to employee rights and entitlements. This new attitude towards work has brought with it a renewed focus on working hours, employee benefits, employment rights, termination rights, freedom of expression, privacy issues, family leave issues, vacation allowances, assignment of inventions, working environment and conditions, and numerous other labor and employment related rights and obligations. It is also important to have in mind that Chinese regulations can be quite unique and differ from other countries’ rules.
“Employee terminations in China can be quite unlike terminating an employee in other countries and can often lead to a somewhat torturous and lengthy process that can turn very ugly very quickly.”
To help understand the specificities of Chinese law on all these matters, IPO Pang advises numerous multinationals on proper handling of employee terminations, proper procedures during the handover of confidential company materials, non-compete clauses, and dealing with use and preservation of company trade secrets. Where there is a contested matter, we have extensive experience in appearing before the Labor Board and advocating on behalf of the employer client. We have years of experience negotiating and drafting employment agreements and documents for employees at all levels in English and Chinese, as well as the following matters – all in conformity with Chinese Labor laws: