Want to know more about China's employment laws? Buy the book. One of the most important things youshould know about China employment law is that employees have many rights that they cannot contract away. For an example of this, seeChina Employers: Pay Your Employees on Time to Avoid Lawsuits and Penalties.China employee working hours is another good example of this. As I have written previously,most China employees can only work under China's standard working hours system, and in most places in China, that means a 40-hour work week - 8 hours a day and 5 days a week. Many foreign employers dislike this system because it means any work done outside standard working hours is overtime and must be paid accordingly. China's laws recognize this standard system is not practical for certain positions and for certain industries and it allows fortwo major exceptions, with one being the flexible working hours system. This system is somewhat similar to the salaried employee system in the United States in that it allows employees towork flexible hourswithout overtime. China's flexible hours system sounds good toforeign company employers, but they so often mess it up that it sometimes seems most would be better off were it not to exist at all. To get one or more of your employees in under the flexible working hours system, you must secure prior government approval and this can be apainful and frustrating process, even for those of us who do it all the time. The requirements for getting an employee under the flexible hours system (like pretty much everything else employee related in China) are localized and can change without notice. The local government decision on whether to grant a flexible hours exception rests with local employment officers and they have plenty of discretion and their interpretations of the law can vary. Making thingsworse, an approval is usually valid for only one year so you need to renew it every year, and the renewal process can be just as arduous as the initial application. Once any of our China employment lawyers gets an approval, we are always certain to send that same lawyer back for any subsequent approvals, figuring that we are not going to mess with what works. Because of these difficulties, we are starting to see China employers come up with creative ways to get aroundthis problem. For example, instead of seeking government approval before they designate the employees to work flexible hours or securing approvals for renewals when the validity periods are expiring, they enter into a well-written Chinese-language agreement with the employee that specifically states the employee will work flexible hours and any overtime pay will be dealt with accordingly. Bad idea. The validity of these sorts of agreements has been tested by China's courts, and the employers have lost nearly every time.In a recent case in Fujian Province, an employer argued that the local law requiring prior government approval for a flexible hours system is not mandatory and because the employer and his employees had agreed to such a system of their own free will, their agreementdid not violate any mandatory laws and should be respected. No surprise to anyone who knows China's employment laws, but the court did not side with the employer and it instead ordereditto pay all overtime, plus penalties. There are actually a few very limited circumstances under which employers do not need prior government approval before they can make an employee work flexible hours, but those exceptions vary by locale and they can change without notice as well. On top of this, we are aware of situations where the law says government approval is not required for certain positions but the local labor authorities nonethelessstill mandate prior approval. Your outcome willultimately come down to your locale, but our advice to clients is never to institute a flexible hours program without firstgetting sign off fromthe relevant authorities. Failing to do so can lead to lawsuits and penalties. Even if you do everything rightin securingrelevant government approval, you also must then follow all the requirements of a flexible hours system and these too can be complicated and local.For example, in a case in Tianjin, an employer that obtained government approval to have an employee work under the flexible working hours system lost a lawsuit to anemployee who worked8 hours a day, 6 days a week for years without overtime. The court ruled that even though the employer had secured government approval for the employee to work flexible hours, because the employer made the employee report her attendance and work overtime as though she werestill on a standard hours system, the laws on standard working hours must apply and the employer must pay this employee overtime pay for all past overtime work. When it comes to China employment laws, you really need to get clear on what can be contracted away, and what cannot. Towards that end, it is with great pride that I announce the recent publication of my book on China's employment law, entitled,The China Employment Law Guide: What You Need to Know to Protect Your Company. The Kindle edition is already out and the softcover version will soon follow. I wrote this book intending it to be a quick and easy off the shelf reference for companies with employees in China. Please check it out and let me know what you think.
Blade Runner 2049 Pop Vinyls are more human than human Funko has revealed their lineup of seven all new Blade Runner 2049 Pop vinyl figures, based on Warner Bros. Pictures' sci-fi sequel opening on October 6.Officer K (Ryan Gosling), Rick Deckard (Harrison Ford), Joi (Ana de Armas), Neander Wallace (Jared Leto), Luv (Sylvia Hoeks)and Sapper (Dave Bautista) all receive the Pop! vinyl treatment in October.You can also get helmeted Sapper as a chasevariant with a rarity of 1 in 6. Check out all seven Blade Runner 2049 Pop vinyls in our Funko gallery below, featuring Pop! figures from other recent movies! RELATED:The New Blade Runner 2049 Trailer is Here! Thirty years after the events of the first film, a new blade runner, LAPD Officer K (Ryan Gosling), unearths a long-buried secret that has the potential to plunge what's left of society into chaos. K's discovery leads him on a quest to find Rick Deckard (Harrison Ford), a former blade runner who has been missing for 30 years. The film also stars Ana de Armas, Sylvia Hoeks, Robin Wright, Mackenzie Davis, Carla Juri, Lennie James, with Dave Bautista, Edward James Olmos and Jared Leto. Directed byDenis Villeneuve from a screenplay byHampton Fancherand Michael Green,Blade Runner 2049is based oncharacters from Philip K. Dick's novel Do Androids Dream of Electric Sheep? The film produced byAndrew A. Kosove, Broderick Johnson, Bud Yorkin, and Cynthia Yorkin, and executive produced byRidley Scott, Tim Gamble, Frank Giustra, Yale Badick, Val Hill, and Bill Carraro.