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China Law and Its Development

China Supreme People's Court Interprets Rules Imposing Criminal Liability On Escaping Boss

A capable employer who refuses to pay or escapes may face imprisonment as long as seven years.

Employers in China who withhold workers' pay will face up to seven years in jail, according to an amendment to the nation's criminal code adopted at the 19th Session of the 11th National People’s Congress during late February. The crucial elements of the amendment include revisions to Article 276(1) of the Criminal Code to make intentional withholding of wages a criminal offense. The amendment defines the crime as follows:

1.The company has the means with which to pay the wages.
2.The company intentionally withholds payment of wages by either refusing to pay or by transferring assets to escape liability for payment.
3.The situation is serious or the effects are severe.

Today, the Supreme People's Court of China interprets the amount of payments to be RMB5,000 - 20,000 for a single employee and RMB30,000 - 100,000 for ten employees.

 

General Rights and Obligations of Married Person Under P.R.C. Law

I

f you are going to marry a Chinese lady, you are recommended to know the rights and obligations of married person on China. We are China lawyers handling family law and divorce matters.

Personal rights and obligations:

  • Husband and wife have equal status in the family and are free to use his or her own surname and given name.
  • Either spouse has the freedom to work, to study and to participate in other social activities; neither party may restrict or  interfere with the other party.
  • Both have the duty to comply with birth control law.

Property Related Rights and Obligations

  • All property owned by either husband or wife is marital property is a default rule, unless the claimant can prove otherwise.
  • As a default rule of equitable distribution, marital property is split 50:50 between husband and wife.
  • Unless otherwise provided by written agreement, the property obtained by either husband or wife before the date of marriage is personal property and the other party is not entitled to share.
  • Unless otherwise provided by law or written agreement, any property obtained by either party is marital property that jointly owned by the spouses from the date of marriage.  There are several exceptions, such as gift by either party’s parent.
  • A prenuptial that is written is valid. Spouses may also enter into agreement in the course of marriage setting forth the ownership of property with few exceptions.
  • Most debts incurred by either husband or wife during their marriage burden both, unless creditors know the existence of an agreement between the spouses stipulating separate responsibility for debt.
  • Husband and wife have the obligations to support each other during marriage, while they usually do not have to support each other after divorce.  A spouse is obliged to “assist” the other party to support the other party’s parents.
  • Husband and wife have the right to inherit each other's estate by law.
 

China Alternative Dispute Resoluation Practice

Alternative dispute resolution (ADR) in China includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation.We are China dispute resolution lawyers, and our China attorneys are experts in ADR practice.

It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.

In the late 1980s and early 1990s, many people became increasingly concerned that the traditional method of resolving legal disputes in the United States, through conventional litigation, had become too expensive, too slow, and too cumbersome for many civil lawsuits (cases between private parties). This concern led to the growing use of ways other than litigation to resolve disputes. These other methods are commonly known collectively as alternative dispute resolution (ADR).

 

CIETAC South China Branch Now Turns Out To Be A New Entity

As a renowned China dispute resolution lawyer, we have been keeping a close eye on the development of disputes between CIETAC Shanghai and Shenzhen branches. Now an update for those who are concerned: Shenzhen branch has declared independence.

South China International Economic and Trade Arbitration Commission (also known as the Shenzhen Court of International Arbitration; previously known as the China International Economic and Trade Arbitration Commission South China Subcommission, the China International Economic and Trade Arbitration Commission Shenzhen Subcommission; hereinafter the “SCIA”) was established in 1983 in Shenzhen Special Economic Zone. It is an arbitration institution founded to resolve the contract disputes and other property rights disputes amongst individuals, legal entities and other institutions from domestic China and overseas.

SCIA is the nationally first Arbitration Institution established by legislation with its legal person governance model. According to Regulation on the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Special Economic Zone and Provisions on the Administration of Shenzhen Court of International Arbitration (for Trial Implementation), it adopts the advanced international commercial arbitration systems and implements the Council-centered management model with effective check-and-balance in Decision-making, implementation and supervision, to ensure the independence of the arbitration institution and arbitral tribunal.

 

Nature and Scope of China Labor Union Law

 

Below is a brief introduction of China labor union or China trade union law by China employment lawyer.

Unionization status

A few years ago, the state-sponsored All-China Federation of Trade Unions (ACFTU), the umbrella union for the entire country of China, called for all foreign-invested companies in China to recognize its unions by the end of 2008, claiming it would ‘blacklist’ and take legal action against any foreign firms refusing to allow unionization.

As of the beginning of 2009, according to official reports, 313 labor unions have been set up in 83% of multinational corporations’ China headquarters. The future of those companies that have not yet complied remains uncertain.

Historically, because government officials and corporate managers had a common interest in keeping production levels high, there was little official support for dissatisfied workers. China’s state-owned companies had unions under ACFTU, which as a government-affiliated body…is more interested in enforcing worker discipline.

 
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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.