Our Asia Pacific Employment & Compensation Team is pleased to provide you with our second quarterly update for 2021 highlighting key employment law changes across the Asia Pacific region.
On 3 June 2021, the Trade Remedy Authority (TRA) of the Ministry of Industry and Trade (MOIT) – the investigator – received a petition for an anti-dumping investigation (AD) with regard to office desks, chairs and their parts originating from the People’s Republic of China (China) and Malaysia. On 18 June 2021, the TRA confirmed that the submitted petition dossier is complete and legal.
In this issue:
• Amendment to Work Safety Law issued
• Shenzhen issues electronic employment contract dispute settlement rules
• Guangdong High People’s Court publishes 10 typical labor dispute cases
• Jiangsu High People’s Court provides guidance on typical employment cases in Jiangsu Province
• Shenzhen releases Q&A on employment issues relating to COVID-19
• Suzhou Intermediate People’s Court publishes guidance on typical cases involving post-termination non-competition restrictions
• Shanghai High People’s Court rules cessation of employment legal when employee reaches statutory retirement age
• Beijing court requires general manager to return salaries due to false background information
Welcome to our Virtual Global Trade Conference, a virtual offering for all our clients and friends worldwide. Baker McKenzie’s international trade compliance lawyers from around the world discussed the major developments impacting international trade. The sessions include trade policy, exports, sanctions, customs, China trade developments and trade developments.
he recent couple of years have been a compliance roller coaster ride for businesses with supply chains involving China. China went on a major legislative revamp and rolled out a series of new laws, including the new Export Control Law (ECL) of the People’s Republic of China (PRC), which came into force on 1 December 2020.
On June 9, 2021, the Biden Administration issued Executive Order 14034, “Protecting Americans’ Sensitive Data from Foreign Adversaries” (“EO 14034”). EO 14034 revokes three executive orders issued by the Trump Administration that effectively banned certain Chinese connected software applications (“apps”) from operating in the United States. Although EO 14034 revokes these legal authorities and calls for their implementing rules to be rescinded, EO 14034 signals that the Biden Administration will continue to analyze the national security risks presented by apps developed by persons subject to the jurisdiction or control of “foreign adversaries” and suggests that additional restrictions may be issued in the future.
On June 3, 2021, President Biden issued Executive Order 14032, “Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China” (the “CMIC EO”). This amends and replaces Executive Order 13959 (EO 13959) and revokes Executive Order 13974 (EO 13974) that restricted investments in certain “Communist Chinese Military Companies” (CCMCs).
On June 3, 2021, President Biden issued Executive Order 14032, “Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China” (the “CMIC EO”). This amends and replaces Executive Order 13959 (EO 13959) and revokes Executive Order 13974 (EO 13974) that restricted investments in certain “Communist Chinese Military Companies” (CCMCs)
On 16 May 2021, the People’s Republic of China’s Customs Tariff Commission of the State Council issued Circular  No. 5 to extend the effective period for the second product exclusion list for the second batch of US products subject to Chinese retaliatory tariffs from 19 May 2021 to 25 December 2021.
Mini vandePol, Gerald Lam and Andrea Kan of Baker McKenzie and Vivian Wu of FenXun Partners set out the framework of the various US and PRC sanction regimes, and discuss best practices for financial institutions to consider and implement.