The legal environment in the People’s Republic of China is very different compared to other countries and jurisdictions. It is vital that your company follows the local laws to avoid any unnecessary problems with the government or customers and business partners.
With professional legal services you get maximum protection in case of commercial disputes, have your rights protected and risks minimised.
Our legal services are roughly divided into three categories:
- Legal advisory
- Contract drafting and review, including labour contract
- Project negotiation support
The legal advisory is consultative in nature, contract drafting and review text based and technical, and project negotiation support is a combination of aforementioned aspects for one particular goal.
The legal advisory is needed in many aspects of business especially when operating in a foreign country with a different legal system. Many of our services, such as registering a trademark and establishing a company, already include legal advisory but we also provide legal advice on specific issues that you will face in China.
Legal advisory might be needed just make sure if the company’s plans or operations comply with the local regulations and to advise corrective measures as needed.
Contract drafting & review
So you want to make a deal with a Chinese company or a person, and as a smart and professional person, you want to have a written contract signed by both parties. Perhaps you want to draft a new contract but are not sure that you know all necessary details about Chinese laws. Perhaps the other side offers you a contract for your signature, but you have a healthy suspicion that the counter party’s primary concern is his benefit, not your’s.
Our lawyer can draft a contract matching your needs. Consequently, you will reduce your business risks and concentrate on your business without extra worries. Likewise, our lawyer can review contracts that the other party offers you and give you a professional analysis of the contract and point out all legal pitfalls.
Labour contract in China
Hiring personnel is a complicated issue even to a well-meaning local Chinese company. It is even more difficult for a foreign-owned company without experience and language skills. It is very easy for a foreign company to end up in court for a labour dispute if the required laws are not followed, with writing a legal employment contract perhaps being the most important and basic requirement.
Work contracts from your country written in English have very little or no use in China. The labour contract to be effective and enforceable in China it has to follow Chinese laws, be written in the Chinese language, and the dispute settlement place has to be in China. Other than that the employee will have upper hand in any disputes and the local government will hold the employer responsible. If the court deems that there hasn’t been a legal written labour contract the employer is liable to pay a double salary for the duration of such period, and some other consequences may also be imposed.
Project negotiation support
When you are operating in a foreign country, such as China, the local company and person usually have upper hand in negotiations because he is familiar with local laws. You do not want to make a bad deal just because of you were unaware of some legal technicality that did not cross your mind as it is not applicable in your home country.
To make sure that your business deal and contract are legal and in the best interest of your’s it is a good idea to have local lawyer’s support. Local lawyer’s input will also send a clear message to the counterparty that you are serious about business and not interested in shady business.