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  • Will I need to go through the Beijing Foreign Enterprise Services Corporation in order to employ local Chinese staff in my Foreign Representative Office?

    6th November, 2014

    Although a Foreign Representative Office must go through a designated employment agency, you will not necessarily have to go through the Beijing Foreign Enterprise Services …

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  • What is considered “unfair dismissal” in China?

    6th November, 2014

    Unfair dismissal occurs when an employer terminates an employee for unfair or illicit reasons. In China it is illegal to dismiss a member of staff …

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  • In the case of lawful dismissal, are there any types of compensation afforded to the dismissed employee?

    6th November, 2014

    In the case of voluntary resignation by the employee, no compensation is afforded to the dismissed employee. In all other cases of lawful dismissal, an …

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  • Joint venture companies and wholly foreign owned enterprises enjoy independent legal person status. How does this affect the recruitment process?

    6th November, 2014

    The result of this independent legal status is that such companies are afforded complete autonomy with regard to their employment decisions. For example, they may …

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  • In composing a contract of employment between employer and employee, what clauses must be included by law?

    6th November, 2014

    In drafting a contract of employment, an employer must ensure that all the rights and obligations of the employer and the employee are clearly stipulated. …

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  • Must the contract of employment be completed in Chinese?

    6th November, 2014

    There are no specific stipulations in Chinese Law regarding the language of the contract, but it is advisable to create a bilingual document – one …

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  • Does there exist a statutory probationary work period required by Chinese Law?

    6th November, 2014

    According to Chinese Law, a probationary period automatically precedes a contract of employment. Nevertheless, this probationary period is not mandatory. If an employment contract has …

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  • Can I, as an employer, sign a probationary contract of employment with my prospective employees?

    6th November, 2014

    According to Chinese Law, a probationary period automatically precedes a contract of employment, therefore a probationary contract will not be valid, and in the event …

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  • How would a claim for “unfair dismissal” proceed in a Chinese court of law?

    6th November, 2014

    Under Chinese Law, any labour dispute, including those of unfair dismissal must initially go to arbitration. An application for arbitration must be filed within one …

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  • Is there any scope for Foreign Human Resource Enterprises in China’s business market?

    6th November, 2014

    Due to its WTO commitments, China has allowed into its market Foreign Human Resource Service Enterprises.

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