Employment of Expatriates the Legal Issues
|
|
- Logan Lee
- 6 years ago
- Views:
Transcription
1 Employment of Expatriates the Legal Issues Garden Hotel Guangzhou 2 November 2011 Jeremy Sargent Managing Partner JSA Guangzhou Office
2 LETS START WITH SOME SCENARIOS 1. Neil starts working with his company s WFOE in Guangzhou and 6 months later applies for a Work Permit 2. Sabrina works as an English teacher for a local language school. She comes to China on a 6 month F Visa which she is able to renew every 6 months in Hong Kong. In her employment contract, she is granted 3 month s paid maternity leave. Later she becomes pregnant applies for maternity leave. 3. Tom is offered a job by a Shanghai WFOE. He signs an employment contract which provides that the WFOE may terminate his employment by one month s written notice at any time. Later he is terminated by the WFOE. 4. Max is employed by a UK-based company and is sent to China on business for five months to explore opportunities. 5. A UK company sets up a WFOE in Shenzhen and sends one of its key managers, Jake, to work at the WFOE for 2 years. Jake remains employed by the UK Company but he is required to sign a local employment contract with the WFOE for Work Permit purposes only. He gets his Work Permit. Later he is terminated by the UK Company.
3 LETS START WITH SOME SCENARIOS 6. Clare is offered a job at a US company s Rep Office in Shanghai. She obtains a Work Permit. Later, she is fired and decides to take arbitration proceedings against the Rep Office in Shanghai. 7. David is employed by a Hong Kong company and is dispatched to work in China for the Hong Kong company s WFOE in Guangzhou. He keeps his original employment with his Hong Kong employer and his Hong Kong employer issues him with an assignment letter. Using such assignment letter, he obtains a Work Permit and starts to work for the Guangzhou WFOE. 3 years later, he is terminated by the Guangzhou WFOE and commences arbitration proceedings against the Guangzhou WFOE. 8. Chris rents an apartment in Guangzhou via a local property agency. His visa has expired. He signs the lease agreement and moves in. He operates an unregistered business from the apartment. His good friend Jack reports him to the police and claims a reward. 9. Sophie works for a Guangzhou WFOE, has a Work Permit and signs an open-term employment contract. Later, she starts a part-time evening job at a friend s company in Guangzhou. Her friend s company fails to pay her wages. 10. Christine works for a Guangzhou WFOE and obtains a Work Permit. She is granted maternity leave but then claims an additional 30 days leave for late childbirth (i.e. she is over 23 years of age). 11. Anna is employed by a Guangzhou WFOE and has a Work Permit. The Guangzhou WFOE then dispatches her to work at its branch in Beijing
4 INTRODUCTION What is an Expatriate? A person of foreign nationality Hong Kong/Macao/Taiwan residents Chinese citizens with foreign residency?? What is Employment? Engaging in remunerative work in the PRC What is Non-Employment? Study Travel Unpaid internships
5 KEY LEGISLATION Labour Law (1995) / 中华人民共和国劳动法 Employment Contract Law (2008) / 中华人民共和国劳动合同法 Regulations for the Administration of the Employment of Foreigners in China (1996) / 外国人在中国就业管理规定 Other PRC laws, regulations, notices, etc relating to employment
6 LEGAL VS ILLEGAL EMPLOYMENT Legal Employment Work Permit and Residence Permit Working for Entity on Work Permit Protected by Labour Laws Illegal Employment No Work Permit Working for Entity Not Listed on Work Permit Civil Law applies
7 CASE STUDY 1: ILLEGAL EMPLOYMENT Facts: A South Korean lady, Ms X, signed an Employment Contract with a Chinese garment company in March The company later dismissed Ms X and refused to pay compensation. Ms X commenced arbitration proceedings. Result: The arbitration commission, and later the local court, dismissed the claim on the basis she had no Work Permit and, as such, her employment was illegal and not protected by employment laws and regulations
8 REQUIREMENT TO OBTAIN WORK PERMIT? An Expatriate should apply for a Work Permit if:- he/she works for a company based in China regardless of how long he/she works for such company in China for more than 90 cumulative days in a calendar year even where he/she remain an employee of an overseas company
9 QUALIFICATIONS/CONDITIONS Following conditions will apply:- The job has special requirements Shortage of local candidates in China Expatriate is at least 18 years old and in good health Expatriate has the expertise and work experience for the job Expatriate has no criminal record Expatriate has a confirmed employer
10 APPLICATION PROCEDURES The application for a Work Permit and Residency Permit broadly involves:- Preparation of documents Application form Resume Temporary Residence Form Qualification Certificates of the Expatriate Health Check Other required documents Application for Work Permit and Residence Permit Employer applies for Employment License Employer applies for a Visa Notice Employee applies for Z-Visa Employee reenters China and applies for Work Permit and Residence Certificate
11 DIRECT HIRE VS INT L ASSIGNMENT Direct Hire International Assignment Expat Foreign Company Foreign Company Employment Relationship Expat China Subsidiary Employment Relationship China Subsidiary Assignment to China
12 DIRECT HIRE VS INT L ASSIGNMENT Direct Hire Assignment Applicable Law Employment Laws Civil Law (e.g. contract law) Written contract Yes Not necessary Termination at will No Yes, by contract Annual leave Yes No unless agreed Overtime pay Yes No unless agreed Maternity leave Yes No unless agreed Compensation for fault Based on statute Based on losses Dispute resolution Labour arbitration Court proceedings
13 INTERNATIONAL ASSIGNMENT Although there is a basis under PRC law, not all labour authorities will recognize international assignment approach during Work Permit application (e.g. Shenzhen) and will insist on a local Chinese employment contract between Expat and hiring company Risk of dual contracts i.e. both overseas contract and local Chinese contract even if unintended Possible de facto employment relationship between Expatriate and Chinese entity may be deemed to exist if elements of a labour relationship exist (i.e. qualified employer/employee, Expat subject to employer s rules and system, the Expat engages in work similar to the usual business of the employer, etc) (MOLSS Notice 2005) Charge-back of salary from overseas employer to China company tax issues
14 CASE STUDY 2: DUAL CONTRACT RISK Facts: An American employee was assigned by his US head office to work for its Shanghai WFOE under an international assignment arrangement. He signed an employment contract with his US head office and was dispatched to work in China. For the purposes of his Work Permit application, he also signed a very simple local employment contract with the WFOE. Later, his employment was terminated by the US head office. He commenced arbitration proceedings in China against the WFOE and legal proceedings in the US against head office. Result: The arbitration commission rejected his claim but, on appeal to the court, he won his claim. The court held that the simple local contract was valid and binding. The argument that the local contract was simply paperwork for the Work Permit application was rejected.
15 DOES THE EMPLOYMENT CONTRACT LAW APPLY TO EXPATS? Employment Contract Law, Article 2: This Law shall apply to the establishment of labour relationships between enterprises, individual economic organizations, private non-enterprise units etc. in the PRC and their workers and the conclusion, performance, variation, rescission or termination of labour contracts.. but Foreigner Employment Regulations 1996, Article 23: The working hours, rest and vacation, work safety and hygiene as well as social security of the foreign employees should follow the relevant provisions of the state..
16 DIFFERENT INTERPRETATIONS Different interpretations Beijing, Guangzhou yes, it applies to all employees in China including Expats Shanghai yes, but only provisions relating to working hours, rest and vacation, work safety and hygiene and social security apply all other provisions may be decided by agreement (Shanghai Labour Bureau Opinions On the Implementation of the Foreigner Employment Rules (1996)) Highly controversial!
17 CASE STUDY 3: APPLICABILITY OF EMPLOYMENT CONTRACT LAW Facts: In 2007 a Canadian GM signed an employment contract with a Shanghai WFOE which provided that either Party may terminate upon 30 days notice. He was subsequently terminated and filed a claim against the WFOE. Result: The court rejected his claim on the basis that the parties were free to agree upon conditions for termination in his employment contract.
18 CASE STUDY 4: APPLICABILITY OF EMPLOYMENT CONTRACT LAW Facts: In 2008, Mr J, a Malaysian, worked in an auto company in Shanghai and secured the necessary Work Permit. Mr J suffered from stress and illness and was unable to work. During his sick leave, the company failed to pay him sick pay on the basis that, as a foreigner, this was not mandatory. He initiated a claim in the court. Result: The court accepted his claim on the basis that sick pay was a form of rest leave and, as per the 1996 Rules, the law relating to sick leave should apply.
19 EMPLOYMENT BY REP OFFICES Does Employment Contract Law apply to employment of Expats by Rep Offices? Differing views but generally accepted that it does not apply A Rep Office is not a distinct legal entity and does not meet definition of employer under Employment Contract Law although Employment Contract Law Implementing Rules includes branches as an employer Furthermore, a Rep Office is a registered place of business of a foreign company and, accordingly, an employment contract between a Rep Office and an Expat involves two foreign parties and is outside of the jurisdiction of PRC employment laws
20 FOREIGN EXPERTS Foreign Experts technical, cultural, economic, consulting experts Considered as foreigners working in China but different set of rules and regulations Foreign Expert should apply for a Foreign Expert Certificate instead of a Work Permit Regulations contain certain minimum standards applicable to Foreign Experts including:- 40 hour working week Paid OT 20 days annual leave Sick leave on 100% pay for first month In Guangdong, must sign a prescribed form employment contract more flexible than under the Employment Contract Law
21 GETTING STRICTER IN GUANDONG Guangdong Regulations on the Management and Service of Foreigners (May 2011) 广东省外国人管理服务暂行规定 Regarded as pilot local implementation of a national policy of introducing high-level, restricting ordinary and prohibiting lowend ( 引进高端, 限制一般, 禁止低端 ) GD will publish certain catalogues of positions restricted and encouraged for employment of foreigners Sharing of information between different government departments Rewards for reporting illegal entry, employment, business activities, criminal activities Hotels, schools, landlords, banks, health authorities now have obligations to check and report Fines applicable for failure to comply
22 GETTING STRICTER November 2010 Guangzhou PSB and Labour Bureau issued a Circular to take action to clear illegal employment of foreigners and provided rewards to anyone reporting such illegal employment March 2011 Shenzhen PSB dispatched 800 police officers to check 110 companies and 360 leased properties April 2010 Guangzhou labour authorities issued a Notice (Sui Ren She Fa [2011] No 45) reinforcing certain reqiurements for Expat employment including a minimum of 2 years work experience June 2011 Chongqing raid on English training centres 15 Expats detained August Expats deported from Dongguan
23 PENALTIES FOR VIOLATION Illegal employment of Expatriates Employee Fine of up to RMB1,000 Possible deportation Employer Fine of RMB5,000-50,000 Deportation expenses
24 EXPATS EMPLOYED BY EMBASSIES AND CONSULATES Diplomatic personnel not subject to rules on employment of foreigners expressly excluded under the 1996 Regulations Locally-employed Expats are subject to such rules and should obtain Work Permits but appears that Foreign Affairs Office approval is required? Highly arguable that employment of locally-engaged Expats not subject to Employment Contract Law (a foreign government and a foreign individual )
25 BACK TO OUR SCENARIOS 1. Neil starts working with his company s WFOE in Guangzhou and 6 months later applies for a Work Permit 2. Sabrina works as an English teacher for a local language school. She comes to China on a 6 month F Visa which she is able to renew every 6 months in Hong Kong. In her employment contract, she is granted 3 month s paid maternity leave. Later she becomes pregnant applies for maternity leave. 3. Tom is offered a job by a Shanghai WFOE. He signs an employment contract which provides that the WFOE may terminate his employment by one month s written notice at any time. Later he is terminated by the WFOE. 4. Max is employed by a UK-based company and is sent to China on business for five months to explore opportunities. 5. A UK company sets up a WFOE in Shenzhen and sends one of its key managers, Jake, to work at the WFOE for 2 years. Jake remains employed by the UK Company but he is required to sign a local employment contract with the WFOE for Work Permit purposes only. He gets his Work Permit. Later he is terminated by the UK Company.
26 BACK TO OUR SCENARIOS 6. Clare is offered a job at a US company s Rep Office in Shanghai. She obtains a Work Permit. Later, she is fired and decides to take arbitration proceedings against the Rep Office in Shanghai. 7. David is employed by a Hong Kong company and is dispatched to work in China for the Hong Kong company s WFOE in Guangzhou. He keeps his original employment with his Hong Kong employer and his Hong Kong employer issues him with an assignment letter. Using such assignment letter, he obtains a Work Permit and starts to work for the Guangzhou WFOE. 3 years later, he is terminated by the Guangzhou WFOE and commences arbitration proceedings against the Guangzhou WFOE. 8. Chris rents an apartment in Guangzhou via a local property agency. His visa has expired. He signs the lease agreement and moves in. He operates an unregistered business from the apartment. His good friend Jack reports him to the police and claims a reward. 9. Sophie works for a Guangzhou WFOE, has a Work Permit and signs an open-term employment contract. Later, she starts a part-time evening job at a friend s company in Guangzhou. Her friend s company fails to pay her wages. 10. Christine works for a Guangzhou WFOE and obtains a Work Permit. She is granted maternity leave but then claims an additional 30 days leave for late childbirth (i.e. she is over 23 years of age). 11. Anna is employed by a Guangzhou WFOE and has a Work Permit. The Guangzhou WFOE then dispatches her to work at its branch in Beijing
27 THE END Any Questions?
28 FURTHER INFORMATION For further information, please contact: 如需更多信息, 请联系 : Jeremy Sargent JS Associates Ltd 3404 North Tower World Trade Center Huanshi East Road, Guangzhou Tel: jeremy.sargent@jsachina.com.cn
Regulations on the Management of the Employment of Foreigners in China (Revised in 2017)
Regulations on the Management of the Employment of Foreigners in China (Revised in 2017) RIVER DELTA Issuing authority: Ministry of Human Resources & Social Security Date issued: 13-03 -2017 Effective
More informationLI Jianxiong v. Department of Transport of Guangdong Province, A Case About Open Government Information
LI Jianxiong v. Department of Transport of Guangdong Province, A Case About Open Government Information Guiding Case No. 26 (Discussed and Passed by the Adjudication Committee of the Supreme People s Court
More informationShanghai Jwell Machinery Co., Ltd. and Retech Aktiengesellschaft, Switzerland, An Enforcement Reconsideration Case on an Arbitral Award
Shanghai Jwell Machinery Co., Ltd. and Retech Aktiengesellschaft, Switzerland, An Enforcement Reconsideration Case on an Arbitral Award Guiding Case No. 37 (Discussed and Passed by the Adjudication Committee
More informationRecent Developments in PRC Employment Law
Recent Developments in PRC Employment Law K. Lesli Ligorner Partner, Simmons & Simmons Shanghai 17 October 2013 Agenda 1. Changes to the labour dispatch regime - Amendments to 2008 Labour Contract Law
More informationChinese Business Law. Contract Law in China A Comparative Approach
Prof. Knut B. Pißler Research Fellow Max Planck Institute for Comparative and International Private Law Chinese Business Law Contract Law in China A Comparative Approach 1 Contract Law in the PR China:
More informationCIETAC HONG KONG MOCK ARBITRATION. 29 September 2016 Beijing
CIETAC HONG KONG MOCK ARBITRATION 29 September 2016 Beijing WELCOME REMARKS Dr. WANG Wenying Secretary General, CIETAC Hong Kong Arbitration Center Secretary General, CMAC Hong Kong Arbitration Center
More informationStrategies for Trade Secrets Protection in China
Northwestern Journal of Technology and Intellectual Property Volume 9 Issue 7 Spring Article 1 Spring 2011 Strategies for Trade Secrets Protection in China J. Benjamin Bai Partner, Allen & Overy, benjamin.bai@allenovery.com
More informationFRONTIERS OF LAW IN CHINA ARTICLE. LU Haina, HAO Wanyuan. nationality issues, Vietnam brides, reduction of statelessness
FRONTIERS OF LAW IN CHINA VOL. 12 SEPTEMBER 2017 NO. 3 DOI 10.3868/s050-006-017-0023-0 ARTICLE PROTECTION OF STATELESS PERSONS IN CHINA: A HUMAN RIGHTS PERSPECTIVE LU Haina, HAO Wanyuan Abstract Statelessness
More informationBriefing Paper. A Brief Introduction to the Chinese Judicial System and Court Hierarchy. Yifan Wang, Sarah Biddulph and Andrew Godwin
Briefing Paper A Brief Introduction to the Chinese Judicial System and Court Hierarchy Yifan Wang, Sarah Biddulph and Andrew Godwin S The Briefing Paper Series is edited by Professor Pip Nicholson and
More informationThe Changing Landscape of Environmental Litigation in China from the 1990s to 2016
The Changing Landscape of Environmental Litigation in China from the 1990s to 2016 Zhang Jingjing 张兢兢 Environmental Law Institute Visiting Scholar Center for Legal Assistance to Pollution Victims (CLAPV)
More informationOU Zelin. Discussing the Guiding Case System with Chinese Characteristics By First Combining Guiding Case No. 1 with Adjudication Practices
OU Zelin Judge of the Second Civil Tribunal of the Dongguan Municipality No. 2 People s Court in Guangdong Province * Discussing the Guiding Case System with Chinese Characteristics By First Combining
More informationGuiding Case No. 53 (Discussed and Passed by the Adjudication Committee of the Supreme People s Court Released on November 19, 2015)
The Fuzhou Wuyi Sub-Branch of Fujian Haixia Bank Co., Ltd. v. Changle Yaxin Sewage Treatment Co., Ltd. and Fuzhou Municipal Administration and Engineering Co., Ltd., A Dispute over a Financial Borrowing
More informationSubmitted to the Committee on the Rights of the Child for its pre-sessional working group NOVEMBER 2012
Suggested questions and issues to be raised with the Chinese government in advance of the review of its third report on the implementation of the Convention on the Rights of the Child Submitted to the
More informationChina's New Exit-Entry Law Targets Illegal Foreigners July 2012
China's New Exit-Entry Law Targets Illegal Foreigners July 2012 Further information If you would like further information on any aspect of the alert please contact a person mentioned below or the person
More informationWANG Xinming, A Contract Fraud Case CHINA GUIDING CASES PROJECT
WANG Xinming, A Contract Fraud Case Guiding Case No. 62 (Discussed and Passed by the Adjudication Committee of the Supreme People s Court Released on June 30, 2016) CHINA GUIDING CASES PROJECT English
More informationInterviews will be held on 26 th and 30 th June Section A. East Asia Teacher Recruitment Team. Recruitment Responsibility
Section A Recruitment Responsibility East Asia Teacher Recruitment Team Date 14 March 2017 Location China DAC code CHIN-068 Job Title Team Leader Job Type Examiner Scale Start Date ASAP Closing Date 11
More informationMA Le, A Case About Using Nonpublic Information for Trading CHINA GUIDING CASES PROJECT
MA Le, A Case About Using Nonpublic Information for Trading Guiding Case No. 61 (Discussed and Passed by the Adjudication Committee of the Supreme People s Court Released on June 30, 2016) CHINA GUIDING
More informationHow to Successfully Get a (Tourist) US visa for a Chinese Citizen
How to Successfully Get a (Tourist) US visa for a Chinese Citizen Although this question has been asked numerous times, I feel that there has not been an extremely detailed response on the matter. Thus,
More informationGuiding Case No. 88 (Discussed and Passed by the Adjudication Committee of the Supreme People s Court Released on November 15, 2017)
ZHANG Daowen, TAO Ren, et al. v. The People s Government of Jianyang Municipality, Sichuan Province, A Case of Infringing Upon the Right to Operate Manpower Passenger Tricycle Businesses Guiding Case No.
More informationGuiding Cases Analytics TM 指导性案例分析
Guiding Cases Analytics TM TM 指导性案例分析 Issue No. 3 (January 2015) Dr. Mei Gechlik * Founder and Director, China Guiding Cases Project * * * Guiding Cases Analytics TM analyzes trends in the Guiding Cases
More informationISO/IEC JTC 1/SC 2/WG 2. Universal Multiple-Octet Coded Character Set (UCS) - ISO/IEC Secretariat: ANSI
ISO/IEC JTC 1/SC 2/WG 2 N3271 DATE: 2007-05-23 ISO/IEC JTC 1/SC 2/WG 2 Universal Multiple-Octet Coded Character Set (UCS) - ISO/IEC 10646 Secretariat: ANSI DOC TYPE: Calling Notice Meeting 51 TITLE: 1st
More informationISO/IEC JTC 1/SC 2/WG 2. Universal Multiple-Octet Coded Character Set (UCS) - ISO/IEC Secretariat: ANSI
ISO/IEC JTC 1/SC 2/WG 2 N3271R DATE: 2007-07-10 ISO/IEC JTC 1/SC 2/WG 2 Universal Multiple-Octet Coded Character Set (UCS) - ISO/IEC 10646 Secretariat: ANSI DOC TYPE: 2 nd Calling Notice Meeting 51 TITLE:
More informationResearch Report on Current China Labor Trends
Research Report on Current China Labor Trends BSR April 2012 www.bsr.org Contents About this Report... 3 Executive Summary... 4 Part 1 Employment Trends in China... 6 1.1 Labor Characteristics in China...
More informationLABOUR MIGRATION FROM CHINA TO EUROPE: SCOPE AND POTENTIAL
International Labour Organization LABOUR MIGRATION FROM CHINA TO EUROPE: SCOPE AND POTENTIAL Piotr Plewa Marko Stermšek m S um y ar Summary International Labour Organization LABOUR MIGRATION FROM CHINA
More informationChinese Business Law. Chinese Legal System: Sources and Lawmaking in the People s Republic of China
Prof. Knut B. Pißler Research Fellow Max Planck Institute for Comparative and International Private Law Chinese Business Law Chinese Legal System: Sources and Lawmaking in the People s Republic of China
More informationOverview of China s New Rules on Foreigners Employment Management
Index: Standard of classification p. 3 Application material and procedure p. 5 F.A.Q. p. 7 Overview of China s New Rules on Foreigners Employment Management According to the orders of Office of Administration
More informationFeedback and Suggestions on the Overseas NGO Management Law of the People s Republic of China (Draft) (Second reading)
Feedback and Suggestions on the Overseas NGO Management Law of the People s Republic of China (Draft) (Second reading) On April 20 th, 2015 the second reading of the Overseas NGO Management Law (Draft)
More informationGuiding Cases in Perspective TM 指导性案例透视. Guiding Case No. 10: CGCP Annotations. April 30, 2016 Edition
Guiding Cases in Perspective TM TM 指导性案例透视 Dr. Mei Gechlik Founder and Director, China Guiding Cases Project Lear Liu and XIAO Qin Editors, China Guiding Cases Project Guiding Case No. 10: CGCP Annotations
More informationMAO Jianwen, CHINA GUIDING CASES PROJECT
MAO Jianwen, A Case of Refusing to Carry Out a Judgment or Ruling Guiding Case No. 71 (Discussed and Passed by the Adjudication Committee of the Supreme People s Court Released on December 28, 2016) CHINA
More informationGuiding Cases Analytics TM
Guiding Cases Analytics TM TM 指导性案例分析 Dr. Mei Gechlik Founder and Director, China Guiding Cases Project Issue No. 2 (July 2014) Guiding Cases Analytics TM analyzes trends in the Guiding Cases selected
More informationResults and Key Findings
Flash Survey on Wage Trends 2014 Results and Key Findings 11 th April 2014 Following up on our Annual Wage Survey, the GCC conducted its second Flash Survey on Wage Trends to provide companies with current
More informationWork Permits for Foreign Professionals
The government has adopted a number of measures to attract foreign professionals to work in Taiwan, including the simplification of visa, work permit, and resident permit application procedures. Three
More informationFRONTIERS OF LAW IN CHINA ARTICLE. FAN Xiaoliang, * LI Qingming **
FRONTIERS OF LAW IN CHINA VOL. 10 JUNE 2015 NO. 2 DOI 10.3868/s050-004-015-0017-3 ARTICLE COMPARATIVE STUDY ON SELECTED ASPECTS OF THE LATEST PRIVATE INTERNATIONAL LAW LEGISLATION ACROSS THE TAIWAN STRAITS
More informationForeword. Newsletter Issue 1, May 2015 支持中欧人员往来和移民领域对话项目. The Partnership Instrument (PI) of the European Union.
Foreword Welcome to the first quarterly Newsletter developed by International Organization for Migration (IOM) in the framework of the recently-launched EU -China Dialogue on Migration and Mobility Support
More informationCHINA LABOR & EMPLOYMENT LAW UPDATE
January 2018 www.junhe.com/en Please contact us for more information: Beijing Wang Dongpeng wangdp@junhe.com +86-10-85191300 Bai Hongjuan baihj@junhe.com +86-10-85191300 Shen Nan shenn@junhe.com +86-10-85191300
More informationRules for the Implementation of the Law of the People's. Republic of China Governing the Administration of Entry and
Rules for the Implementation of the Law of the People's Republic of China Governing the Administration of Entry and Exit of Foreigners (Approved on December 3, 1986 by the State Council and Jointly Promulgated
More informationGuiding Cases in Perspective TM 指导性案例透视
Guiding Cases in Perspective TM TM 指导性案例透视 LI Jianjun v. Shanghai Jiapower Environment Protection Science and Technology Co., Ltd., A Corporate Resolution Revocation Dispute Guiding Case No. 10 (Discussed
More informationKorea Report. Young-bum Park (Hansung University, Korea) 1. Outline of the foreign worker management scheme
Korea Report Young-bum Park (Hansung University, Korea) 1. Outline of the foreign worker management scheme In Korea, skilled foreign workers are treated differently from unskilled one like most other countries.
More informationPROXY AGREEMENT AND POWER OF ATTORNEY
PROXY AGREEMENT AND POWER OF ATTORNEY 2014 3 13 This Proxy Agreement and Power of Attorney (this Agreement ) is entered into in Shenzhen as of March 13, 2014 by and among the following parties: (1) Cogobuy.com
More informationMEDIA REPORTING AFTER THE OLYMPICS: HRIC CONVERSATION WITH JOCELYN FORD
NEW REGULATORY CLIMATE FOR FOREIGN JOURNALISTS HRIC: As a foreign journalist based in Beijing, what is your general assessment of the impact of the 2008 Olympics on China? Perhaps we can start with your
More informationGuiding Cases in Perspective TM 指导性案例透视. Guiding Case No. 11: CGCP Annotations. April 30, 2016 Edition
Guiding Cases in Perspective TM TM 指导性案例透视 Dr. Mei Gechlik Founder and Director, China Guiding Cases Project Adrian Lo and Roland C. Reimers Editors, China Guiding Cases Project : CGCP Annotations April
More informationTHIS CIRCULAR IS IMPORTANT AND REQUIRES YOUR IMMEDIATE ATTENTION
THIS CIRCULAR IS IMPORTANT AND REQUIRES YOUR IMMEDIATE ATTENTION If you are in any doubt as to any aspect of this circular or as to the action to be taken, you should consult a stockbroker or other registered
More informationStudent Visa Visa Application (INZ 1012).
OFFICE USE ONL Client no.: Date received: / / Application no.: INZ 1012 Student Visa Application for a temporary stay in New Zealand INZ 1013 Use the guide to help you complete the application form Student
More informationSocial Dialogue in Uganda The FUE NHO CEC Cooperation Eng. Martin S Kasekende Chairman FUE
Foto: Jo Michael Social Dialogue in Uganda The FUE NHO CEC Cooperation Eng. Martin S Kasekende Chairman FUE 1 Social Dialogue in Uganda: The practice It is based on ILO s principle of tripartism Tripartite
More informationGuiding Case No. 43 (Discussed and Passed by the Adjudication Committee of the Supreme People s Court Released on December 25, 2014)
Haikou Binhai Avenue (Tianfu Hotel) Securities Business Department of Guotai Junan Securities Co., Ltd., A Case of an Application for Compensation for Erroneous Enforcement Guiding Case No. 43 (Discussed
More informationAttracting skilled international migrants to China A review and comparison of policies and practices
International Labour Organization Attracting skilled international migrants to China A review and comparison of policies and practices Centre for China and Globalization (CCG) m S um y ar Summary International
More informationLaw Amendment and the FCPA Best Practices for Responding to a Chinese Government Commercial Bribery Investigation
Presenting a live 90 minute webinar with interactive Q&A New Chinese Anti Corruption Law Amendment and the FCPA Best Practices for THURSDAY, AUGUST 25, 2011 1pm Eastern 12pm Central 11am Mountain 10am
More informationMANAGING LABOUR MIGRATION: TECHNOLOGY WORKERS
MANAGING LABOUR MIGRATION: TECHNOLOGY WORKERS The 7th ADBI-OECD-ILO Roundtable on Labour Migration in Asia 18-19 January 2017 Asian Development Bank, Manila Philippines 1 WITH YOU TODAY MARK BUCHANAN Partner
More information5th Issue F O R E W O R D PA G E 5 EU-CHINA DIALOGUE ON MIGRATION AND MOBILITY SUPPORT PROJECT 支持中欧人员往来和移民领域对话项目
5th Issue Funded by the Partnership Instrument (PI) of the European Union M AY 2 0 1 7 N E WSLET T E R EU-CHINA DIALOGUE ON MIGRATION AND MOBILITY SUPPORT PROJECT 支持中欧人员往来和移民领域对话项目 F O R E W O R D With
More informationFRANCE PRE-DEPARTURE PROCEDURE FALL 2017
FRANCE PRE-DEPARTURE PROCEDURE FALL 2017 PRESENTATION OVERVIEW During this presentation we will cover the following topics: Health Insurance in France (French social security) French visa procedure Housing
More informationValidity of Arbitration Agreements under Chinese Arbitration Law
Validity of Arbitration Agreements under Chinese Arbitration Law Sik Kwan Tai Arbitration clauses may be found in bills of ladings or charterparties. Is the following arbitration clause a valid arbitration
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN (SWEDEN) and
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE S REPUBLIC OF CHINA CONCERNING THE WORKING HOLIDAY SCHEME THE GOVERNMENT
More informationHong Kong: Canada s Largest City in Asia
Canadians Abroad Project Survey Report 24 February, 2011 Hong Kong: Canada s Largest City in Asia - Survey of Canadian Citizens in Hong Kong Kenny Zhang and Michael E. DeGolyer About Survey Reports The
More informationPart I PPH using the national work products from the NBPR
Procedures to File a Request to the SIPO (State Intellectual Property Office of the P R China) for Patent Prosecution Highway Pilot Program between the SIPO and the NBPR (National Board of Patents and
More information跨境争议解决 Cross-border Dispute Resolution
www.dachenglaw.com 北京市东直门南大街 3 号国华投资大厦 5 层 /12 层 /15 层 (100007) 5/F, 12/F, 15/F, Guohua Plaza, 3 Dongzhimennan Avenue, Beijing 100007, China Tel: +8610-58137799 Fax: +8610-58137788 中国法通讯 China Law Newsletter
More informationTAIWAN, HONG KONG & MACAU: Smooth Sailing or Bumpy Road Ahead?
TAIWAN, HONG KONG & MACAU: Smooth Sailing or Bumpy Road Ahead? WITH YOU TODAY Insert picture Insert picture Magdalene Tennant Partner (Hong Kong) Kitty Lo Manager (Hong Kong) 2 TAIWAN Highlights of Taiwan
More informationImmigration Issues in the Hospitality Industry: A Global Perspective. Thursday, October 23, 2014
Immigration Issues in the Hospitality Industry: A Global Perspective Thursday, October 23, 2014 Moderator J. Bruce Cross, Director, Cross, Gunter, Witherspoon and Galchus Little Rock, Arkansas, USA bcross@cgwg.com
More informationArbitration & Litigation Tutorial. Assistant Professor Monika Prusinowska Winter term 2014/2015
Arbitration & Litigation Tutorial Assistant Professor Monika Prusinowska Winter term 2014/2015 Drafting Arbitration Clause Why is arbitration clause called sometimes the midnight clause? What does the
More informationANNOUNCEMENT ON RESOLUTIONS PASSED AT THE 2017 FIRST EXTRAORDINARY GENERAL MEETING
Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take no responsibility for the contents of this announcement, make no representation as to its accuracy or completeness
More informationRural-urban Labor Migration in Industrialization and Urbanization A Case Study of Hukou system and Nong Min Gong in China
Rural-urban Labor Migration in Industrialization and Urbanization A Case Study of Hukou system and Nong Min Gong in China Zhao Ling Doctoral Student Graduate School of International Development, Nagoya
More informationVisa and Stay in Korea
Doing Business In Korea 01 Visa and Stay in Korea 84 1. Visa In principle, a foreigner should obtain a visa at a diplomatic mission abroad in advance in order to enter South Korea. Korea treats the visa
More informationTHE CHINESE UNIVERSITY OF HONG KONG Graduate School. Visas for Non-local Students (Taught Programmes)
THE CHINESE UNIVERSITY OF HONG KONG Graduate School VisaSponsorship(TPg_PT) Visas for Non-local Students (Taught Programmes) The Immigration Ordinance of Hong Kong stipulates that non-local students must
More informationAdvertisements for posts whether in newspapers, journals or on-line, application forms and all school websites will include the statement:
BSKL Policy / School Welfare BSKL SAFE RECRUITMENT AND SELECTION POLICY INDEX 1. Introduction 2. Inviting Applications 3. Identification of the Recruitment Panel 4. Short-listing and References 5. The
More informationImmigration Law and Employment Issues: The Basics and More
Immigration Law and Employment Issues: The Basics and More Jorge Lopez Chair, Global Mobility and Immigration Practice Group Littler Miami jlopez@littler.com Michelle White Associate Littler Miami mvalerio@littler.com
More informationPAN-PACIFIC IMMIGRATION LAW GROUP. Specializing in U.S. Immigration & Nationality Law
PAN-PACIFIC IMMIGRATION LAW GROUP Specializing in U.S. Immigration & Nationality Law Our depth of experience, commitment to excellence and creative approach to diverse matters set Pan-Pacific Immigration
More informationNew Urbanization and Social Policy Creativity. Institute of Sociology, CASS
New Urbanization and Social Policy Creativity Institute of Sociology, CASS Research Questions What kind of urbanization will be need in China? What conditions will the urbanization be dependent on? In
More informationBringing in International Talent: Government Policy vs. Professional Organizations 中国与全球化研究中心 2012 年 11 月 27 日
Bringing in International Talent: Government Policy vs. Professional Organizations 中国与全球化研究中心 2012 年 11 月 27 日 Background 1: China-Canada Talent Exchange Current Situation 2.8 million Canadians living
More information[Points-Based System for Highly-Skilled Professionals] Question 1: What is the Points-Based System for Highly-Skilled Professionals?
FAQ on the Points-Based Preferential Immigration Treatment for Highly-Skilled Foreign Professionals (Contents) [Points-Based System for Highly-Skilled Professionals] Question 1: What is the Points-Based
More informationVisitor s Visa/Permit Application
OFFICE USE ONLY Client no.: Date received: / / Application no.: Immigration Advisers Licensing Act 2007 Under the Immigration Advisers Licensing Act 2007, anyone giving immigration advice will have have
More informationMANHATTAN COLLEGE J-1 PROGRAM HANDBOOK A GUIDE TO IMMIGRATION MATTERS FOR J-1 PROFESSORS AND SCHOLARS
MANHATTAN COLLEGE J-1 PROGRAM HANDBOOK A GUIDE TO IMMIGRATION MATTERS FOR J-1 PROFESSORS AND SCHOLARS This handbook contains information about the rules and regulations which apply to visitors to the United
More informationNational Changhua University of Education Syllabus & Course Schedule
National Changhua University of Education 107-2 Syllabus & Course Schedule ( 留白 )body{font-size:12px;} Course: Foreign Policy Analysis Course Number: 78020 (1SPPC0131620) Instructor: 李毓峰 Credit: 2 Hour(s);
More information2015 HKBAV PRESENTS Investing into Vietnam from Hong Konger Perspective
2015 HKBAV PRESENTS Investing into Vietnam from Hong Konger Perspective Presented by : Winnie Lam HKBAV Board Member Hong Kong Business Association Vietnam [HKBAV] : Non-profit Non-government Non-political
More informationInternational Employment 101: What it Means to be a Global Employer in 2015?
International Employment 101: What it Means to be a Global Employer in 2015? Issues and Concerns That Arise When Moving People Across Borders and Becoming a Global Employer March 10, 2015 Today s Presenters
More informationFAQs Main Board Listing Rules Chapter 3
FAQs Main Board Listing Rules Chapter 3 Authorised Representatives will be required to provide their email addresses to the Exchange. Is this requirement applicable to existing Authorised Representatives?
More informationNotice: This is a translation of the Police order 777/2551 done by Isaan Lawyers (www.isaanlawyers.com). This is not an official translation and it
Notice: This is a translation of the Police order 777/2551 done by Isaan Lawyers (www.isaanlawyers.com). This is not an official translation and it should be used only for information purposes. In case
More informationChapter: 338 SMALL CLAIMS TRIBUNAL ORDINANCE Gazette Number Version Date
Chapter: 338 SMALL CLAIMS TRIBUNAL ORDINANCE Gazette Number Version Date Long title 30/06/1997 To establish a tribunal to be known as the Small Claims Tribunal having limited civil jurisdiction, and to
More informationUpdate on China s Carbon Market
Update on China s Carbon Market Zongjie Yang Dept. of Climate Change, NDRC Dead Sea Oct 2015 Contents I. Policy Engagement on Development of China s ETS II. Progress on CCER Trading III. Progress on ETS
More informationKnowledge of Immigration law 01. Entry procedures Submission of an entry card Foreign nationals wishing to enter Korea should fill out on entry card and submit it to an immigration inspector(exempt : registered
More informationHong Kong, China: Fugitive Offenders Ordinance
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of
More informationTrafficking in Women across the Yunnan-Myanmar Border in Transnational Migration- Era China Shen Haimei
Trafficking in Women across the Yunnan-Myanmar Border in Transnational Migration- Era China Shen Haimei CNAPS Visiting Fellow Brookings Institution June 30, 2011 Yi Yi Ye s story My name is Yi Yi Ye, I
More information3. ECONOMIC ACTIVITY OF FOREIGNERS
3. ECONOMIC ACTIVITY OF FOREIGNERS Data on employment of foreigners on the territory of the Czech Republic are derived from records of the Ministry of Labour and Social Affairs on issued valid work permits
More informationConstruction Bulletin Hong Kong
Construction Bulletin Projects Procurement Construction Issue 7 July 2013 Welcome to the 7th Issue of our Bulletin. We start this issue with a focus on two perennial issues the back to back payment clause
More informationCHINA MARKET PROFILE. The Demographics
CHINA MARKET PROFILE The Demographics In 2004, China, the most populous country in the world, had a total population of 1,298,847,624 (July 2004) one-fifth of the world s total. The population density
More information深圳市海王英特龍生物技術股份有限公司 TERMS OF REFERENCE FOR THE AUDIT COMMITTEE
深圳市海王英特龍生物技術股份有限公司 SHENZHEN NEPTUNUS INTERLONG BIO-TECHNIQUE COMPANY LIMITED* (the Company ) (a joint stock limited company incorporated in the People s Republic of China) (Stock Code: 8329) TERMS OF REFERENCE
More informationImmigration Procedures for International Faculty and Staff
Immigration Procedures for International Faculty and Staff All international appointed faculty and staff members are required to obtain a valid entry visa and an approval letter of Foreigner s Work Permit
More informationHR & Recruiter Immigration Training
HR & Recruiter Immigration Training Presented by Malcolm Goeschl & Randi Nagahori August 29, 2018 Talking Points 1. Key Immigration Concepts and Documents 2. Overview of Nonimmigrant Process 3. Key Nonimmigrant
More informationCHINA AND POST-CRISIS GLOBALIZATION: TOWARDS A NEW DEVELOPMENTALISM?
CHINA AND POST-CRISIS GLOBALIZATION: TOWARDS A NEW DEVELOPMENTALISM? Dic Lo School of Economics, Renmin University of China; and School of Oriental and African Studies, University of London diclo@soas.ac.uk
More informationThe Passport Law of People s Republic of China
The Passport Law of People s Republic of China Promulgated by the 21st Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on April 29, 2006 and effective
More informationSUPERINTENDENT HOLDINGFORD PUBLIC SCHOOLS
SUPERINTENDENT HOLDINGFORD PUBLIC SCHOOLS The School Board of Independent School District No. 738, Holdingford, Minnesota, enters into this agreement with Chris Swenson, a legally qualified and licensed
More informationWork Visa/Permit Application
OFFICE USE ONLY Client no.: Date received: / / Application no.: INZ 1015 Work Visa/Permit Application for a temporary stay in New Zealand Use the guide to help you complete the application form Please
More informationREPUBLIC OF TRINIDAD AND TOBAGO THE MATERNITY PROTECTION ACT, Act 4 of Arrangement of Sections PART I PRELIMINARY
REPUBLIC OF TRINIDAD AND TOBAGO THE MATERNITY PROTECTION ACT, 1998 Act 4 of 1998 Arrangement of Sections PART I PRELIMINARY Clause 1. Short title 2. Commencement 3. Act inconsistent with the Constitution
More informationTransit Visa Application
OFFICE USE ONLY Client no.: Date received: / / Application no.: INZ 1019 Transit Visa Application Who can you include in your application? You can use this form to apply for a visa for a single applicant
More informationArticle 37: The right to liberty of person under the Chinese constitution
China-EU Law J (2013) 2:35 67 DOI 10.1007/s12689-011-0002-9 ARTICLE Article 37: The right to liberty of person under the Chinese constitution Otto Malmgren Published online: 13 July 2011 The Author(s)
More informationMOVING EMPLOYEES GLOBALLY:
MANAGING THE GLOBAL WORKFORCE WEBINAR SERIES MOVING EMPLOYEES GLOBALLY: STRATEGIES FOR NAVIGATING COMMON CHALLENGES Nicholas Hobson Rebecca Kelly K. Lesli Ligorner Eleanor Pelta June 6, 2018 2018 Morgan,
More informationSPECIAL CONSIDERATIONS FOR FOREIGN PLAINTIFFS IN IP LITIGATION IN CHINA
SPECIAL CONSIDERATIONS FOR FOREIGN PLAINTIFFS IN IP LITIGATION IN CHINA GLOBAL LAW OFFICE www.glo.com.cn MEPH JIA GUI PARTNER THE 4TH ANNUAL US-CHINA IP CONFERENCE: BEST PRACTICES FOR INNOVATION AND CREATIVITY
More informationManual on sanctions related to ADS
Last approved on 28 th June 2011 Manual on sanctions related to ADS The procedure with regards to sanctions related to ADS is based on a number of documents. The most important documents are: 1. The ADS
More information2009 ( 第七届 ) 跨国公司中国论坛 The 7 th Transnational Corporations China Forum 2009
Introduction of Transnational Corporations China Forum Organizing Committee: The annual Transnational Corporations China Forum has been hosted by Chinese Academy of International Trade and Economic Cooperation,
More informationPUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 25 November /03 LIMITE MIGR 89
Conseil UE COUNCIL OF THE EUROPEAN UNION Brussels, 5 November 003 3954/03 PUBLIC LIMITE MIGR 89 OUTCOME OF PROCEEDINGS of : Working Party on Migration and Expulsion on : October 003 No. prev. doc. : 986/0
More informationThe Anti-Monopoly Law: Still a Work in Progress
I. Introduction The Anti-Monopoly Law: Still a Work in Progress Paul Jones The adoption of the 中华人民共和国反垄断法 1 or Anti-Monopoly law (the AML ) on August 30, 2007 may yet turn out to be one of the more significant
More informationPatent Litigation in China
Patent Litigation in China Outline, Key Considerations and Case Study 中原信達 China Sinda Intellectual Property Dual-Track System Both administrative and judicial actions are available for patent cases. Administrative:
More information