You’re Not Supposed to Have All The Answers

I’ve been struggling with my new book, but not in the way that most people mean that. It’s not that I have too few ideas or too many ideas. I’ve got millions of ideas and I know how to cull them. It’s just that I need something specific to happen with this book, and I need to craft it well to make that work. No, not a bestseller. Been there. But in the process of this, I’ve learned a lot and I want to share some with you.

I’m Not A Group Kind of Person, I Think

For most of my life, I’ve been averse to mastermind groups or things like it. I’m not good at clubs. I don’t attend any regular meetings of any kind. One reason is that I worry that if I get involved in something like this, maybe I’ll hog it and try to make it all about me. I worry also that maybe all the ideas will be bad. Or that people will be pushy. Or that I won’t get a turn to share.

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You’re Not Supposed to Have All The Answers

Quick Question Friday, China Law Answers, Part XXXVIII

Because of this blog, our China lawyers get a fairly steady stream of China law questions from readers, mostly via emails but occasionally via blog comments as well. If we were to conduct research on all the questions we get asked and then comprehensively answer them, we would become overwhelmed. So what we usually do is provide a super fast general answer and, when it is easy to do so, a link or two to a blog post that may provide some additional guidance. We figure we might as well post some of these on here as well. On Fridays, like today.

I came across your blog while researching employment contracts in China. Is there a standard amount of notice employees are legally required to give their employer when breaking a contract in China, or does it depend on the company itself? Also if I am going to give less time than is legally required, is it standard to pay for those days to exit the contract professionally? And is it standard to give the full amount of time or even more?

You are asking essentially two questions. One is a social/employment/morale/reputational one and the other is a legal one. We don’t know the answer to the question of how much time you should give in your particular industry or locale (especially since we do not even know your industry or your locale), so we would urge you to ask around so as not to harm your future employment chances in China (and if yours is a small industry, perhaps worldwide as well). As for the legal side, it should be whatever the employment contract says, so long as the applicable national, provincial, or local laws do not override that, which any one or more of these very well might. I urge you to read our post, China Employment Law: Local and Not So Simple. Unlike in most countries, it is not uncommon for China employers to sue an employee who fails to provide the legally required notice for leaving, so it is generally a good idea either to give the full notice that is legally required, or reach a written agreement with your employer letting you off the hook (probably by your paying money) for not doing so.

 

China Law Blog

Quick Question Friday, China Law Answers, Part XXXVIII