China Employment Law Update: Key Regulatory Developments Employers Need to Know

Several significant employment-related regulations have recently taken effect — or will soon take effect — in China. For multinational corporations and domestic enterprises alike, long-standing local practices and conventional HR assumptions are being challenged by statutory updates, nationwide judicial harmonization, and increased regulatory data sharing. Below is a brief overview of the key developments and what they mean for employers operating in the region.

Engaging the Aging Workforce: Over-Age Employees and the Retirement Age Reform

Following decades without change, China’s phased deferral of the statutory retirement age has fundamentally restructured workforce demographics and retirement timelines. Alongside these adjustments, authorities have addressed the historical ambiguity surrounding workers who continue working beyond legal retirement age. Historically, once employees reached legal retirement age, courts generally treated the labor relationship as terminated or otherwise converted the employment relationship into a civil service arrangement, leaving those individuals largely outside standard statutory labor protections.

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U.S. Restricts Entry of Chinese Students and Researchers

On May 29, 2020, President Trump issued an executive order suspending the admission of Chinese nationals seeking entry to the U.S. with F-1 or J-1 visas if those visa holders have been affiliated with certain institutions tied to the Chinese military.

The order, which went into effect June 1, 2020 at 12:00 p.m. eastern daylight time, focuses primarily on the entry of Chinese nationals with J-1 or F-1 visas, meaning individuals not currently in the U.S. The order gives discretion to the Secretary of State and the Secretary of Homeland Security to implement the order. This affects Chinese nationals who receive funding from, are now or were previously employed by, currently study or previously studied at, or currently conduct research at or on behalf of or previously conducted research at or on behalf of an institution that supports China’s “military-civil fusion strategy” who a) are seeking to apply at a U.S. embassy or consulate for an F-1 or J-1 visa stamp, or b) already have a valid F-1 or J-1 visa stamp, are outside the U.S., and are seeking to enter the U.S. with that visa.

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Coronavirus: An Employer’s Action Guide – Part II

Daily headlines about the growing coronavirus threat have many employers concerned that they are not doing all they should to protect employees without undue disruption to operations. Here are some answers that may inform your own response plan.

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Coronavirus: An Employer’s Action Guide

Daily headlines about the growing coronavirus threat have many employers concerned that they are not doing all they should to protect employees without undue disruption to operations. Here are some answers that may inform your own response plan.

Continue reading “Coronavirus: An Employer’s Action Guide”

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