Simplified Chinese Version


     We keep the strictest confidentiality for our clients while ensuring that the services we provide are without any conflict of interest. We provide high quality and high efficient professional legal services. We are absolutely careful and reliable.

 weixin     sina     in      f     bird    
  Banking Projects
  Acquisition Projects
   Share Acquisition
   Assets/Business Acquisition
  Foreign Investment Projects
  Industrial Park Projects
  Cross Border RMB Transactions
General Corporate & Commercial
  Labor and Employment
  Litigation & Arbitration
    Litigation Cases
    Arbitration Cases
  Real Estate Projects
      Property Lease
      Property Sale and Purchase
    Property Development / Acquisition Projects
    Hotel Development / Management
Corporate Overseas Listing
General Legal Counsel



China Published Judicial Interpretations on Trial of Labor Dispute Cases
12 February 2013
In respect of the non-competition clause, although according to the PRC Labor Contract Law, the non-competition period can be a period up to two years, the said judicial interpretations stipulate that the employer is entitled to early terminate the non-competition period provided that in such a case, the employee shall have the right to claim for an extra compensation equivalent to the amount of three months' compensation for the non-competition.
In respect of the compensation for non-competition, the said judicial interpretations stipulate that if an employment agreement includes a non-competition clause but has no stipulation on compensation for such non-competition obligation, then the employee will be entitled to claim for the compensation monthly for his duly performed non-competition obligations, and such compensation will be either 30% of that employee's average monthly salary over twelve months' period preceding the termination or expiration of the employment agreement, or the minimum monthly salary standard applicable in the place where the employment agreement is performed, whichever is the higher.


Any legal information contained in this newsletter is general in nature and laws and regulations are changing from time to time and compliance will always depend upon the particular circumstances. We have not attempted to give exhaustive descriptions of law or to give a legal opinion on specific legal issues. You should not rely on this newsletter as a legal advice for any particular purpose.



Copyright © 2004 Henry Zhuang & Partners. All rights reserved. Disclaimer