China’s Proactive Employment Law Foreign Employers Must Understand part 2

China’s Patent Law

A foreign employer must follow all the legal responsibilities stated in the China employment law. It is a piece of golden advice to all foreign employers to keep an experienced China attorney by their side all the time for proper understanding and complying with China employment law.

China has a proactive employment policy to make sure the unemployment rate within a socially tolerable range. From hiring to termination, China employment law covers everything. Foreign companies need to understand the Chinese employment law thoroughly before taking on any decisions regarding their China employee.

China employment law basically involves the following areas

  • Employment Contracts
  • Remuneration or Salary
  • Workplace Safety
  • Procedures for Negotiations
  • Labor Disputes
  • Working Hours
  • Protection from Discrimination
  • Compensation or Wage Regulations
  • Training
  • Social Insurance

 

On February 7, 2020, the PRC Ministry of Human Resources and Social Security has issued the Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production (the “Opinions”). Local regulators have issued various similar notices in this regard in Shanghai and Guangdong province. A foreign employer must follow all the legal responsibilities stated in the China employment law. The two China employment laws that all foreign investors must consider before commencing a business in the country are:

 

  • 1995 Labor Law of the People’s Republic of China
  • 2008 Labor Contract Law of the People’s Republic of China

 

Few key points of China employment law

  • In China, labor relationships may be reinstated even after termination– employers may be forced to re-hire terminated employees.
  • The Chinse labor law is primarily based on employment contracts. Oral assurance and offer letters are not valid documents to establish labor relationships.
  • The severance pay structure in China is quite peculiar. Sometimes a senior manager’s severance cost is lower than a junior employee.
  • PRC lifts restrictions on wholly foreign owned HR service companies and the Ministry of Human Resources and Social Security issues notice on electronic employment contracts.
  • China takes steps to reduce employer’s contributions to disabled persons’ protection funds and Guangzhou issues guiding opinion on employment disputes.

 

In spite of not willing to violate China’s overtime laws, many foreign companies frequently break it largely because of the China labor laws are incredibly complicated and most English language translations of them are woefully inadequate. Appointing a trusted China business lawyer can solve this problem. It is a piece of golden advice to all the foreign employers to keep an experienced China attorney by their side all the time.

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Canton Fair 2019- A Corridor of Infinite Business Possibilities

Canton Fair – China Import and Export Fair (Phase 1), China’s largest trade show will take place on 15th April. This year it will be the 125th edition. This fair offers a unique platform for the global importers and exporters for trade, supply and industry. The trade fair will be held in China Import & Export Fair Pazhou Complex.

The Canton Fair is composed of 48 trading delegations, including thousands of foreign trade companies, factories, scientific research institutions, foreign invested enterprises. Aside from that, other forms of commerce related activities like advertising, commodity inspection, consultation and technical and business exchanges take place.

3 Phases of Canton Fair

Fair is divided into three phases.

Phase 1:

April 15-19, 2019

  • Electronics & Household Electrical Appliances
  • Lighting Equipment
  • Vehicles & Spare Parts
  • Machinery
  • Hardware & Tools
  • Building Materials
  • Chemical Products
  • Energy Resources
  • International Pavilion

Phase 2:

April 23-27, 2019

  • Consumer Goods
  • Gifts
  • Home Decorations

Phase 3:

May 1-5, 2019

  • Textiles & Garments
  • Shoes
  • Office Supplies, Cases & Bags,
  • and Recreation Products
  • Medicines, Medical Devices and
  • Health Products
  • Food
  • International Pavilion

Organizer

China Foreign Trade Center

Timings-

9:30 AM – 6:00 PM (Business)

Participants-

250000 Visitors

27000 Exhibitors

Estimated Count

The fundamental function of the trade fair is to promote and develop the export business industry of China. Even so, importing of goods is also happening in the said fair. Aside from that, other forms of commerce related activities like advertising, commodity inspection, consultation and technical and business exchanges take place. The participants are consist of foreign trade companies and enterprises of China. For the first time visitor of trade shows in China, the Canton Fair is the best introduction. It has something for almost everyone, no matter your industry, and it is very Western-friendly.

Whether you are a new or experienced exporter, it is suggested to visit Canton Fair once. It will increase your understanding of how the manufacturing and sourcing industry in China work. Foreign buyers can easily realize the enormity of the scale and diversity of China’s manufacturing arena.

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