Articles

Authors: Carol Zhu and Yinbing Chen The Cyber Administration of China recently released the Regulation on Security Assessment for Cross-border Transfer of Data (“Regulation”), which has been formulated to further administrate cross-border data transfer activities and promote the free and secured flow of data. The Regulation has been viewed as an important supplement to PRC […]

Authors: Carol Zhu and Yinbing Chen Mr. Chen (“employee”) separated from his previous company and joined an environmental technology company (“company”) in June 2017. In November 2018, the company discovered that the employee was still registered as the responsible person of one branch office of the employee’s former employer and then terminated the employee with […]

Authors: Carol Zhu and Yinbing Chen The Human Resources and Social Security Department of Guangdong Province recently decided to launch a special operation across the whole province to crack down on illegal participation in and supplementary contribution of social insurance which will last till December 2022.  The special operation will mainly crack down on the […]

Authors: Carol Zhu and Yinbing Chen Mr. Sun (“Employee”) joined the education and training company (“Company”) in 2018 and served as a market planning specialist. In March 2020, the Company informed all staff via WeChat group that, before risk of the pandemic across the nation is completely eliminated, travelling out of the province requires reporting […]

Authors: Carol Zhu and Yinbing Chen The Beijing Municipal Human Resources and Social Security Bureau issued the Circular on Further Protecting Employees’ Rights and Interests in Respects of Working Hours, Rest, and Leaves (the “Circular”).  According to the Circular, special inspection and regulatory actions will be organised and carried out during the period of 15 […]

Authors: Carol Zhu and Yinbing Chen The Supreme People’s Court released its interpretation on several issues concerning the application of the PRCs Anti-Unfair Competition Law (the “Judicial Interpretation“). The Judicial Interpretation was formulated to improve the rules for competition cases and stimulate a healthy and sustainable development of the economy.  According to the Judicial Interpretation, […]

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 […]