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Employers’ requests for return of real property denied

Baker & McKenzie
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China
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December 31 2012

In two recently reported cases where the employer requested that the employee return apartments provided to the employee as an employment benefit, both

Employment contract for expatriate general manager ruled invalid

Baker & McKenzie
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China
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January 25 2010

The Changping District People's Court in Beijing reportedly ruled in November that a general manager's employment contract was invalid when the board chairman of a high-tech company in Beijing signed an employment contract with and appointed himself as the general manager

Court rules that termination for refusal to sign employee handbook is invalid

Baker & McKenzie
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China
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February 1 2010

On November 26, 2009, the No 1 Intermediate People's Court in Beijing reportedly ruled that a company's modified employee handbook was unenforceable because the modification did not follow a democratic procedure

Termination for providing false resume is ruled unlawful

Baker & McKenzie
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China
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July 6 2010

A company terminated one of its employees for fraud once they discovered that he included false credentials in his resume

Defects in termination notices lead to employer liability

Baker & McKenzie
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China
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July 6 2010

People's Courts in Nanchang, Jiangxi Province and Suiling County, Jiangsu Province held unilateral termination decisions by the company to be invalid, or otherwise subject to challenge, because the termination notice was, in one case, not properly served on the employee (it was only posted on the Internet), and in another case, the publicly-posted notice contained derogatory language about the employee's work performance

Constructive dismissal claim for incorrect calculation of overtime wages is rejected

Baker & McKenzie
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China
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July 6 2010

In a recently reported case, the Huangpu District People's Court in Shanghai rejected an employee's constructive dismissal claim after the employer incorrectly calculated his overtime wages by using a calculation base that was too low

Manager at two stores claims double wages and loses

Baker & McKenzie
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China
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September 30 2010

A local manager who was posted to work in two different stores in Shanghai sought to claim double wages from the company after being terminated on the grounds of incompetence

Lack of specificity in company policies and contracts prevents wage deductions

Baker & McKenzie
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China
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July 31 2010

In several recent cases, courts have ruled against companies that tried to deduct employees' wages for alleged misconduct because employment contracts and company rules did not stipulate this right for employers

Failure to keep employment contract in secure location leads to double wage liability

Baker & McKenzie
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China
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July 6 2010

The Huizhou Municipal Intermediate People's Court in Guangdong Province reportedly ordered a company to pay double wages approximately equal to RMB 20,000 for failing to enter into an employment contract with a former manager