PRC: local courts’ observations on labour disputes

Local courts in Beijing and Shanghai have recently issued whitepapers setting out their observations of employment cases and their positions regarding certain common employment legal issues for the year of 2015. Given Beijing and Shanghai are two of the biggest cities in China, the local courts’ observations and practice may have considerable reference value for … Read more

China: Social Media posts recognised by PRC Courts as evidence in employment cases

Given the growing popularity of social media websites and applications in China, employees are increasingly releasing employment-related photographs and posts onto social media networks. Employers are in turn increasingly relying on social media posts made by their employees as evidence against their employees in employment-related disputes. Chinese Courts have recently recognized social media posts as … Read more

China’s New Labour Dispatch Regulations

New Provisional Regulations on Labour Dispatch were issued by the Ministry of Human Resources and Social Security on 24 January 2014. Labour dispatch practices, which involve a business choosing to outsource workers from third-party dispatch agencies rather than directly employing the workers, are already regulated by China’s Labour Contract Law. The new regulations take effect … Read more

Employers in China obliged to keep personal data confidential

Data protection in China has been regularly in the news this year. Not only have new data protection regulations been issued, but prosecutions have increased dramatically. In this article, Karen Ip and Owen Cox discuss the employers’ obligations and the risks involved. Read more

Asia-Pacific: Governments crack down on the use of agency and temporary workers

In the last year, we have seen governments across the Asia-Pacific region tightening their laws and regulations relating to the use of agency (dispatch) and temporary workers. At least in some cases, this is in response to a perceived over-reliance by companies on agency and temporary workers, which has led to allegations of abuse. For … Read more

Illegal foreigners targeted by China’s new exit-entry law

Bigger fines will be imposed on foreigners illegally entering, living or working in China. Foreign executives of companies that fail to pay full remuneration to employees may also be prevented from leaving China. Refugees have been formally recognized. These and other changes have been introduced by the “Exit and Entry Administration Law of the People’s … Read more

China releases detailed rules on labour dispatch

New implementing rules re-enforce China’s desire to limit the use of dispatched staff (ie, staff engaged via a third-party labour dispatch company rather than being employed directly). The new rules set out detailed approval procedures for labour dispatch permits and increase the supervision of labour dispatch companies. The new implementing rules are set out in … Read more