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Shadow (“S”) is an electronic components manufacturer. In order to improve efficiency, S issues “Rules of KPI”, a hundred-mark system is applied, in which 40 points for fulfillment of task, 40 points for attitude, 20 points for attendance, and points for attitude is scored by the direct supervisor. An employee shall be deemed as disqualified if he/she gets below 60 points, if so, S shall have the right to adjust his/her position to a lower rank, and cut down his/her salary. At the end of the year, manager of Administrative Dept. Ms. Zhang only got 40 points, in which 20…

“Regulations on the Administration of Recall of Defective Auto Products” (“Regulations”) was promulgated on Oct. 10, 2012, and will come into force on Jan. 1, 2013. Being the new regulation which has a higher legislation hierarchy than “Provisions on the Administration of Recall of Defective Auto Products” (“Provisions”), it has stipulated new articles, such as the highest penalty is 10% of the value of defective auto products, the sharing system of auto-product information within multiple departments, the initiative investigation right of the national quality supervision department, which catch the eyes of public consumers. How does the New Regulations work? Will…

The company “Shadow” (“S”) thought that Ms. A had disclosed the secret of S and dismissed her. After the accomplishment of arbitration on labor issues, and litigation, since S could not provide enough evidence, S was ordered to resume the labor relation. A was the HR director of S, but after the litigation, S requires her to work at a subsidiary alone. There is neither computer nor telephone in the new office, not to say signal for mobile phone. The office has been installed with 2 cameras. S also issues 5 notification of punishment to Ms. A in a day,…

In the procedure of the import and export declaration, to identify the commodity classification (“CC”, viz choosing the Tariff Code) is a skill requires high technicality and professionalism. In practice, different enterprises, even different administrations of customs (“AC”) may identify different CCs for even same goods. Where an enterprise declares a Tariff Code which is different from the identification of AC, it may be deemed by AC as an untruthful declaration (“UD”) and imposed of administrative punishment (“AP”), or be deemed as smuggling and imposed of criminal punishment. Those punishments may not only bring loss to those enterprises, but also…

The market was in a downturn, so “Shadow” (“S”) decided to cease a line. On Feb. 5, S notified its 20 hourly employees of the news that the line was ceased, and all the employees should still register at company every day. Mar. 1 was the payday, S said that the employees had only worked for 5 days in Feb., so they could only obtain 5 days’ wages. On Apr. 1, S refused to pay the wages of Mar., the employees applied to the labor dispute arbitration committee (“Committee”) for arbitration, and required S to pay the full wages of…

In the recent years, the commercial bribery (“CB”) events related to foreign invested companies happened frequently; some internationally renowned companies such as Lucent, Siemens and etc. are involved in CB events, which bring the economic loss to those companies and bad effects to their images and reputation. Hence, it is an inevitable topic for foreign invested companies to prevent CB, company should know the criteria to identify a CB event and do it right in the commercial activities. In China, we do not have a specific anti-commercial bribery law as of now except some provisions to regulate CB, the provisions…