Chinese lawyers are the Best Persons to Understand Legal Framework of the Country

China has a unique business culture and a very different legal framework. it is certainly not surprising that many companies have been extremely successful. However, many companies also have been struggling to find the right approach in China, which is often caused by a lack of knowledge and preparation. Selecting the right Chinese lawyer is the most important part of the puzzle.

Growing Community of Chinese Lawyers

China now has a robust and growing community of lawyers. Even as China began to open up its economy to the world, the government ultimately maintained a largely protectionist approach to its community of legal professionals. It wasn’t until the end of the 1980s that international firms were able to establish a foothold in China, and even then they had to do so under the guise of being “business representatives.”

China Lawyers Have the Better Understanding of the Chinese Legal Framework

The number of foreign companies getting into legal trouble in China keeps getting increasing. Whenever China’s economy slows, its government starts looking for foreign companies out of compliance with Chinese laws. There are hundreds of Chinese laws and regulations governing foreign investment, manufacturing, sourcing, hiring employees and doing business in China. It is quite obvious that only China lawyers have the better understanding of the Chinese legal framework.

China Lawyers can Better Represent you in the Chinese Court

The foreign investors can benefit from professional services and assistance before starting a business in China and after the beginning of their economic activity. In addition to profound legal knowledge and practical experience, the dedication of Chinese lawyers can prove to be a gamechanger for your business. You and your company will be better represented in the Chinese court in the event of a legal dispute.

China Lawyers Help Foreign Clients Translating Legal Documents

Under the Chinese umbrella, there are several different languages such as:

1. Mandarin

2. Cantonese

3. Hakka

Mandarin is the most popular, and it’s actually considered the official language of the People’s Republic of China. You need to take assistance from a Chinese legal firm that lawyers are efficient in translating documents in the most comprehensive way keeping in mind all the legal aspects and make the appropriate for your business dealings in China.

Services Offered by the Chinese Lawyers

Chinese lawyers can assist in various legal fields, such as:

Business Law

Trademark & IP Registration

Labor Law

IT Law

Tax Planning

Insolvency

Liquidation of Companies

Consulting

Enforcing a contract in China is quite a challenge. Foreign companies need to have a proper legal representation to cope with these challenges and make the most out of the China distribution agreement. Ask your China lawyers about the results of previous cases that were similar to yours. If a legal matter ends up in court, inquire about their settlement record and present situation. It is also important that the firm has a considerable number of Chinese speaking lawyers with a good written and communication skill. Your China attorney must also be able to write clearly, persuasively and concisely, as they must produce a variety of legal documents.

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Why Employers Need to Think Profoundly Before Amending China Employee Contract

Once a company has signed an employment contract in China, it becomes really difficult to back out or even make any sort of alteration in it. Inserting changes especially in the terms such as the employee’s wages and position is apparently impossible. Making an attempt to alter the employment contract may result in-

  • Arbitration case
  • Prolong legal hassle
  • Financial loss
  • Negative reputation

Until a few years ago China did not have private companies or hardly any international lawyer firm. Over the last couple of years, this country has brought in different types of labor laws that foreign companies find difficult to comprehend and understand. It is really important to have some sort of idea about China labor law.

According to the labor law of China, there should be a written contract between the employer and the full-time employee. The mandatory provisions in the employment contract are-

  • Basic information about the employer and the employee
  • The explicit term/duration of the employment contract
  • A description of the work the employee will be performing
  • The place of work
  • The working hours
  • Rest and leave time
  • Wages
  • Social insurance
  • Applicable labor protections and labor conditions and protection against occupational hazards

The Chinese political system is quite authoritarian and mostly favors the employees. The laws are drafted to safeguard the interest of the employees. According to the China lawyer, there are only limited grounds by which an employer can terminate an employment contract and there is no general right to terminate simply by giving notice or payment in lieu of notice. A specific ground prescribed by law must apply. Comparing to the United States of America, the job descriptions in China must be drafted very carefully Being as specific as possible in the labor contract about your expectations is imperative to establishing good working relationships with your Chinese employees.

According to the Chinese law, an employer may in some circumstances amend an employment contract, but amendment of significant issues such as an employee’s salary or work position should be done through mutual consultation. The law also states that under ordinary circumstances an employee must give 30 days’ written notice for unilateral termination.

To sum up, it is really critical for the foreign employers to think profoundly before taking any sort of unilateral action involving your employees in China.

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