China

Authors: Carol Zhu and Yinbing Chen Mr. Wang (“employee”) joined the information technology company (“Company A”) in 2018 and served as an intelligent data analyst. The two parties signed a non-compete agreement which imposed post-employment non-compete obligation upon the employee. After the employee resigned from Company A, he joined an internet company (“Company B”). Company […]

Authors: Carol Zhu and Yinbing Chen The Tianjin Municipal Human Resources and Social Security Bureau recently released five typical labour arbitration cases for 2021, with the intent to improve the employment environment, better safeguard the interests of both the employer and employees, and preserve the harmony of employment relationships. The judicial rules reflected in these […]

Authors: Carol Zhu and Yinbing Chen Mr. Xu (“employee”) joined the H food company (“company”) in 2014 and served as client manager since then. On 23 January 2019, the company terminated the employee with immediate effect for multiple acts of misconduct that were discovered by the company. One week later, the company sent email to […]

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 […]