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Juha Lassila

Right of rep office to terminate secondment of agency employee upheld - Lexology - 0 views

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china law labor

shared by Juha Lassila on 29 Nov 10 - No Cached
  • Right of rep office to terminate secondment of agency employee upheld
Juha Lassila

Employee's absence from work does not imply resignation - Lexology - 0 views

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china law labor

shared by Juha Lassila on 02 Dec 10 - No Cached
  • Employee’s absence from work does not imply resignation
Juha Lassila

New social insurance law finally passed - Lexology - 0 views

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china law labor

shared by Juha Lassila on 30 Nov 10 - No Cached
  • Juha Lassila on 30 Nov 10
     
    The new Social Insurance Law will formally take effect on July 1, 2011. Foreign nationals working in China should participate in the country's social insurance system. If an employer does not make social insurance contributions on time or underpays social insurance contributions, the social insurance authorities now have greater authority and additional tools to force employers to make back payments of amounts owed.
Juha Lassila

Inside Foxconn's Factories - 0 views

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china labor reality

shared by Juha Lassila on 03 Dec 10 - No Cached
  • Our good buddy Joel Johnson
  • Juha Lassila on 03 Dec 10
     
    Click "Joel Johnson" to see the story.
Juha Lassila

Law on laws governing civil relations involving foreign elements - Lexology - 0 views

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china law contract IPR labor

shared by Juha Lassila on 23 Dec 10 - No Cached
  • The Law covers civil and commercial relationships involving foreign natural persons and legal persons in a number of fields, including marriage, inheritance, property rights, general contractual obligations, labour law, tort and intellectual property rights. The Law clarifies the rules on the applicable laws governing civil disputes in several areas where PRC laws are currently silent, including acts of agency, trusts, arbitration, pledges of rights, labour contracts, and product liability.
  • This means that, for example, all shareholder agreements in relation to say a two-party wholly foreign-owned enterprise would have to be governed by PRC law.
  • The current PRC laws require that several types of contracts which relate to foreign investment in China such as Sino-foreign equity joint venture contracts, contracts for purchase of equity interests or assets of a domestic enterprise by foreign investors[6] must be governed by PRC Law.
  • ...5 more annotations...
  • The Law also states that where the parties have chosen a foreign governing law, the court or the arbitration tribunal should investigate and determine the applicable foreign laws, presumably through expert testimony (as in the past). Where the parties select foreign governing laws by agreement, it is the parties' responsibility to provide copies of the selected foreign governing law
  • In addition, the Law expands to tort and property rights in movables the scope of areas where, in the context of a so-called foreign-related contract ("涉外合同"), the parties are free to choose their own governing law.
  • In particular, the Law stipulates two important general principles for determining the application of governing laws for foreign-related civil disputes: party autonomy and closest connection
  • However, the Law is not designed to radically change the current rules of conflicts of laws in China. The requirements to apply mandatory Chinese laws which are provided by other laws are maintained under the Law
  • The rules of conflicts of laws stipulated under other civil or commercial laws, which are not covered by the Law, also remain unchanged.
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