What types of PRC individuals can be employed in the PRC? Basically any PRC individual can be employed in China except for any person under the age of 16.
Please click on the following links to read our Autumn 2009 Employment Legal Update and Legislation timetable. The Update provides commercial and practical advice on employment law developments.
Can I require an employee to pay liquidated damages should the employee breach the labour contract? Yes you can, but you must include the relevant clauses in the labour contract beforehand and the agreed liquidated damages will only apply in the following two scenarios:
Employers must act by the end of 2009 if they want to take advantage of transition relief provided by Notice 2008-113 (the Notice) for certain types of operational violations of the rules under Internal Revenue Code Section 409A that occurred prior to 2008.
Section 409A. As discussed in many of our prior client alerts, Section 409A imposes adverse tax consequences on participants in nonqualified deferred compensation arrangements that fail in form or in operation to meet the requirements of Section 409A at any time during a taxable year.
You are entitled to terminate your employee if, during the probationary period, the employee fails to meet the standards required for the particular role for which the employee is recruited. In the mainland PRC, it is difficult to bring the employment relationship to an end and therefore, this approach is often used by employers.
Just as the dust was beginning to settle following the Stringer decision along comes the case of Pereda v Madrid Movilidad SA to cause yet more confusion to employers struggling to make sense of two European decisions that do not sit easily with the UK’s Working Time Regulations (“the Regulations”).
German employment law is based on a variety of sources. Typical for the German legal system, it is a dynamic area of law under constant revision by juridisction and legislation.
Diana Hoover quoted on a new bill in Congress, which aims to broaden the statue under which employees can claim age discrimination. Subscription required.
Do I have to have a written contract with my PRC employees? Yes, you must enter into a written contract with your employees in the PRC. The only exception is if your employee works on a part-time basis (i.e., this employee's compensation is calculated by the hour and this employee averages no more than four hours of work per day and no more than 24 hours of work per week), in which case this agreement can be oral.
The High Court has decided that the Government’s default retirement age of 65 is capable of being justified, for now at least. The decision in what was known as the Heyday litigation will come as a relief to many employers across the country, particularly those who are at the receiving end of one of the 800 age discrimination claims which had been put on hold pending the decision. However that relief is likely to be short lived.
Scenario: A large, publicly traded manufacturing company is sued by a class of shareholders claiming various securities law violations as well as a failure to disclose the declining sales of one of the company’s manufactured items. The plaintiff class issues a subpoena for documents to a key supplier of the manufactured item at issue.
23 September 2009 - Leading international law firm Mayer Brown has advised VION Food Group Limited on the sale of its Thai chicken business, Grampian Foods Siam, to Navis Capital.
Scenario: A series of privileged communications between in-house counsel and the board of directors was unintentionally produced to the opposing side during the pre-deposition discovery period in a federal action. During the deposition of one of the board members, the opposing side submits the set of privileged documents as an exhibit. There is no agreement or court order on file in the case dealing with the inadvertent production of privileged documents.
Directors and managers are in danger of being personally liable if they do not take suitable measures to ensure compliance, especially to avoid corruption and other economic crimes.
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