China

The Ministry of Public Security released the Working Rules for Public Security Departments to Handle Criminal Record Checks (“Working Rules”), which entered into force as of 31 December 2021. According to the Working Rules, the employer can check the criminal records of certain employees and candidates (for hire), provided that such inspection complies with the […]

The Shanghai Intermediate People’s Court held that the agreement on employee’s post-employment non-solicitation obligation was valid and therefore, the employee was ordered to pay damages to the employer for the breach of said obligation. Mr. Chen (“employee”) joined the internet platform company (“company A”) in 2018 and was responsible for staff recruitment. The two parties […]

The PRC Population and Family Planning Law was amended in August 2021, which now allows a couple to have three children. To be in line with this national law by early December, more than twenty provinces and cities under direct leadership of the central government in China, have started or completed the amendment of local […]

Ms. Ye (the “employee”) joined the financial service company (the “employer”) and served as project manager. One day, the employee accused another female staff member of having improper relations with a colleague, supervisor and client, and used bad language in her WeChat Moment post. The employee posted this information around midnight and deleted the same […]

To regulate the cross-border transfer of data, protect the rights and interests in relation to personal information, safeguard the national security and public interests, and to facilitate the security and free flow of data, in accordance with the PRC Cybersecurity Law, PRC Data Security Law and PRC Personal Information Protection Law, the State Cyberspace Administration […]

Beijing Human Resources and Social Security Bureau released ten typical labour arbitration cases in early November. These cases were selected from more than 110 thousand labour arbitration cases heard last year in Beijing and were published to reduce and prevent labour disputes. The judicial rules reflected in these cases include: (1) overtime pay cannot be […]