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Mayer Brown JSM Newsletter
Calculation and Payment of Economic Compensation (cont'd)
- Does the formula for calculating statutory economic compensation under the PRC Labour Contract Law apply in respect of an employee's pre-2008 period of employment?
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Mayer Brown JSM Newsletter
Calculation and Payment of Economic Compensation (cont'd)
- Is an employer in the PRC obliged to make a severance payment to its employee when the employment contract comes to an end due to the expiry of its agreed duration (rather than due to the employee being terminated)?
- Where economic compensation is payable, how is it calculated?
- What is the "Calculation Base", and is it capped?
- How is the "Service Period" defined?
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Mayer Brown JSM Legal Update
Announced on the State Administration of Industry and Commerce (SAIC) website on 3 May 2013, the Guideline on the Handling of Evidence for Anti-monopoly Cases (Liaoning Guideline) issued by Liaoning Administration of Industry and Commerce (AIC) represents the next phase of Anti-Monopoly Law (AML) enforcement activity by the SAIC.
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Mayer Brown JSM Legal Update
An update on the current situation of arbitration cases of China International Economic and Trade Arbitration Commission (CIETAC), CIETAC Shanghai Sub-Commission (CIETAC Shanghai) and CIETAC South-China Sub-Commission (CIETAC South-China) and some practical recommendations in handling such cases in light of the uncertainties.
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Mayer Brown JSM Legal Update
On 22 April 2013, China's Ministry of Commerce (MOFCOM) published its conditional approval of Marubeni's acquisition of Gavilon Holdings – hot on the heels of the regulator's conditional clearance of the Glencore/Xstrata merger which also concerned strategically-sensitive global markets where China is heavily dependent on imports.
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Mayer Brown JSM Legal Update
Following a lengthy review lasting the best part of a year, on 16 April 2013 the Ministry of Commerce of the People's Republic of China (MOFCOM) gave a conditional green light to the acquisition by Glencore International plc. (Glencore) of all of the remaining shares of Xstrata plc. (Xstrata), in which Glencore already held a minority equity interest.
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Mayer Brown JSM Newsletter
Calculation and Payment of Economic Compensation (cont'd)
- Is an employer in the PRC obliged to make a severance payment to its employee if the employee terminates his/her employment?
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Legal Update
22 April 2013
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Mayer Brown JSM Legal Update
As part of a continued move toward greater transparency in China's merger control regime, the Chinese Ministry of Commerce (MOFCOM) published for public comment on 27 March 2013 draft Regulations on the Imposition of Restrictive Conditions on Concentrations of Business Operators (Draft Restrictive Conditions Regulations). The consultation closes on 26 April. The new draft rules are comprehensive in scope and largely in line with mainstream international practice – notably in the EU.
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Mayer Brown JSM Newsletter
Calculation and Payment of Economic Compensation
- Under what circumstances am I not obliged to pay economic compensation when terminating an employee's employment?
- Under what circumstances am I obliged to pay economic compensation when terminating an employee's employment?
- What will be the legal consequences if I wrongfully terminate an employee?
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Legal Update
17 April 2013
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Mayer Brown JSM Legal Update
The draft Interim Regulations on Standards for Simple Cases of Concentrations of Business Operators (Draft Simple Cases Regulations) was published for comment on the website of the Ministry of Commerce (MOFCOM) on 3 April 2013. The deadline for submitting comments on the Draft Simple Cases Regulations is 2 May 2013.
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Mayer Brown JSM Newsletter
Termination and Renewal of Employment Contract (Cont'd)
- If an employee resigns today, can I ask him or her to leave the company’s premises immediately?
- What are my legal entitlements if the employee resigns and leaves without providing 30 days' prior written notice?
- Do I have to pay one month's salary in lieu of notice in a mutual termination situation?
- Is there any issue if the employee agrees to be paid economic compensation at an amount lower than the statutory amount for a mutual termination scenario?
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Mayer Brown JSM Newsletter
Termination and Renewal of Employment Contract (Cont'd)
- Am I required to give notice to an employee if I decide not to renew his or her labour contract when its term expires?
- I have decided not to renew a labour contract with one of my employees who joined our company in 2006. Do I need to pay economic compensation to such employee?
- Before the expiry of a labour contract, the relevant employee submitted a medical certificate requesting a non-work-related medical treatment period. Can I end the employment relationship with the employee on the normal expiry date?
- Do I have to enter into another written contract during the extended medical treatment period? Will I be subject to double salary for lack of such written contract?
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Mayer Brown JSM Newsletter
Asia's legal and human resources advisors are often required to function across multiple jurisdictions. Staying on top of employment-related legal developments is important but can be challenging.
To help keep you up to date, Mayer Brown JSM has produced the Asia Employment Law: Quarterly Review, an e-publication covering 15 jurisdictions in Asia. |
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Mayer Brown JSM Newsletter
Termination and Renewal of Employment Contract
- Is termination at-will allowed under the PRC law?
- Is termination with notice (or payment in lieu) allowed under the PRC law?
- Am I obliged to inform any third party (e.g., the union and/or the government) or obtain the consent of such third party for termination of employment?
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Mayer Brown JSM Newsletter
Changes to Employment Terms and Conditions
- Can I unilaterally change an employee's job position or remuneration?
- How can I unilaterally change the job position or remuneration of an employee?
- Can I unilaterally change the employee's job location?
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Legal Update
18 March 2013
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Mayer Brown JSM Legal Update
过去几年，有意在法国购买葡萄园的海外爱酒投资者的人数显著增加。本文试就五个议题进行扼要阐释，供准买家在购买之前考虑。
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Legal Update
14 March 2013
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Mayer Brown JSM Legal Update
On 6 March 2013, Myanmar's Parliament voted in favour of Myanmar becoming a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 ("the New York Convention").
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Mayer Brown JSM Newsletter
Conclusion of Employment Contract (cont'd)
- Can I include a probationary period in the labour contract?
- Can I enter into an agreement separate to the labour contract for the employee to serve a probationary period?
- Can I require an employee to pay liquidated damages should the employee breach the labour contract?
- In terms of the amount of liquidated damages, how much would be appropriate?
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Legal Update
13 March 2013
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Mayer Brown JSM Legal Update
In the last few years there has been a marked increase in the number of wine-loving overseas investors seeking to purchase vineyards in France. This article serves as a primer on five issues that a would-be buyer should consider at the outset of such an acquisition.
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Mayer Brown JSM Newsletter
Conclusion of Employment Contract (cont'd)
- For how long must a fixed-term contract last?
- When must I enter into an indefinite contract with my employee?
- What are the legal consequences if I fail to enter into an indefinite contract as required above?
- Can I terminate an indefinite contract? Am I required to employ an individual on an indefinite contract until he or she retires?
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Legal Update
5 March 2013
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Mayer Brown JSM Legal Update
On 22 February 2013, the National Development and Reform Commission (NDRC) imposed record penalties under China's Anti-Monopoly Law (AML) of RMB 449 million on two liquor companies for resale price maintenance (RPM) practices.
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Newsletter
27 February 2013
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Mayer Brown JSM Newsletter
Conclusion of Employment Contract (cont'd)
- What terms and conditions must I include in a written PRC labour contract?
- What is the penalty if I fail to include any of the above terms and conditions?
- Can I include other provisions in the contract?
- In China, what is the typical length of a labour contract?
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Newsletter
20 February 2013
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Mayer Brown JSM Newsletter
Conclusion of Employment Contract
- Do I have to have a written contract with my PRC employees?
- Am I required to sign the contract with my employee before commencement of employment?
- What are the risks of not having a written contract in place?
- If the employee intentionally delays or refuses to sign the written contract with me, what can I do to eliminate the above risks?
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Newsletter
6 February 2013
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Mayer Brown JSM Newsletter
Recruitment
- What are the legal consequences if I ask a job applicant questions about one of the protected attributes?
- What should I ask the job applicant?
- Can I conduct a background check on a job applicant in the PRC?
- Must I obtain the consent of job applicants prior to carrying out the background checks?
- Can I ask for information such as credit history as part of the background checks?
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Legal Update
5 February 2013
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Mayer Brown JSM Legal Update
On 31 January 2013, the PRC Supreme People's Court issued the Judicial Interpretation IV of the Supreme People's Court on Several Issues Concerning the Application of Law in Hearing Labour Dispute Cases ("Interpretation IV"), effective as of 1 February 2013.
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