Having a specific set of rules and regulations is highly important for every employer in China. With this, it will be extremely difficult to terminate a China employee. Expert China lawyers suggest foreign employers to have a particular set of rules and regulations to make it easier for them to operate in China. You need to get this document properly translated in Chinese so that your employer can fully understand it. But apart from this, there are few other things you need to keep in mind while drafting employee rules and regulations.
Make sure the Chinese-language Rules and Regulations are specifically tailored for your Chinese employees. It should not be a mere literal translation from English to Chinese. Your employee manual needs to be easily understood by your China employee. Take special care that the Chinese version of your employee manual is unambiguous, easy to understand and clear enough. Try to frame it in a way that you don’t have to face any major problems while terminating your Chinese employee.
Foreign employers need to have the proof that their employees have received a copy of their rules and regulations. If an employee claims during a dispute that he/she never received a copy of the employee manual, then you can appropriately counter them by showing the proof of the acceptance of the rules and regulations through a receipt form.
Chalk out all the disciplinary misconduct, wrongdoings and malpractice your Chinese employee could indulge in. Make provision of all these acts as the ground for termination. It could be really hard if you fire an employee on the basis of offense not mentioned in your rules and regulations.
Your Rules and Regulations should set forth the rules on how you manage and oversee your employees. It is the governing law for your organization. Instead of making it light, keep its tone hard, straightforward and to the point. Clearly mention the things you don’t want your employee to get involved and how you want to function the day to day operation of your company in your rules and regulations.
Make proper arrangements in you rules and regulations to justify them accurately. Why you have imposed a certain rule, what is the goal behind it and the purposes you want to serve through them need to be defined clearly in it. If you can’t justify the provision of a certain rule in your employee manual it will be considered as disproportionate and unreasonable to the court, and the court might give you a verdict where it may instruct you to pay some statutory severance to your fired employee or even worse rehire the employee.
In many cases it has been noted that, a foreign employer has furnished a warning or discipline decision to an employee for a wrongdoing. And the same employee did the same thing second time. If you really wish to terminate him/her, there are few things China lawyers suggest that you need to keep as an evidence such as:
- Hand deliver their discipline notices to your employees with a witness there to record it
- Use email and require confirmation and/or an outside courier service that requires a signature for the delivery
You can’t justify the termination of your China employee if you fail to produce these evidence in the court.