V. Termination and ‘Layoffs’

1. Under what circumstances can an employee be terminated without notice?

An employer may terminate an employee without requirement for notice in the following situations:

- during the probation period, if the employee is determined to be unfit for the position;

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I. Employment Law Legislation

1. What legislation governs employment law in China?

Employment law in China is governed by a relatively comprehensive set of laws, more recently supplemented in late 2007 to strengthen workers’ rights.

Major laws include:
- Labour Law of the People’s Republic of China (1994) (“Labour Law”)

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By Toffler Niemuth

For the non-lawyer among us, forming the legal entity for a new business can act as a small roadblock in the early stages. In China, formation can be a much larger roadblock, especially as a foreigner trying to navigate countless ministries, language barriers, develop the necessary guanxi, and just generally figure out how the system works.

Due to this, my idea was to have my business started in China in the name of a local partner who’d be responsible for all government, incorporation, and tax issues while leaving me with execution and operations side of the business. In fact, its much easier for Chinese to start a business (in China) than foreigners. Indeed, Chinese persons only need CNY1 to be able to start a business. Anyway, I thought this was the best plan, but then questions of selling, repatriation of profits, etc started to creep into my mind so I sought additional advice. Read the rest of “Starting a New Business in China (Pt 1): Legal Entity” or post a comment

Successful entrepreneurs in China will tell you that success took longer than they had originally planned. Ex-pat owners of businesses in China who have been slugging away for 5+ years can suddenly find themselves on a steep growth curve. Many of these ‘overnight success stories’ that were years in the making end up leaving their owners hostages to the business. The founders are cash-poor while the business gets bigger and richer.

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By Mona Chung

China has become a synonym for future business growth. It is the business nirvana of the 21st century. It is the place to be. Companies are scrambling to get a share of the action. Not a day passes without some company making an announcement of an investment in their future which involves China.

Their reason for this scramble is the expectation of gaining vast increases in shareholder value. Reported performance would suggest that these expectations are difficult to realise. Anecdotal evidence would suggest that decreases in shareholder value rather than increases in shareholder value should be the expectation. Why is this? One reason for this is poor marketing performance. Comparing companies that have been successful with those that have not suggests that better preparation directed at understanding the market context, marketing operating requirements (this includes marketing management) and their surrounding culture would have seen fewer red faces at senior management level and less red ink at shareholder level. Read the rest of “Marketing-China and Getting it Right” or post a comment