Frequently asked questions about Chinese law, based on my research and practice.
When can a lawyer get involved in an economic crime case in China?
Under Article 34 of the Criminal Procedure Law, a criminal suspect has the right to appoint a defense lawyer from the date of the first interrogation or from the date when compulsory measures are imposed.
What is the statute of limitations for labor arbitration in China?
Under Article 27 of the Labor Dispute Mediation and Arbitration Law, the limitation period is one year from the date the party knew or should have known their rights were infringed. Disputes over unpaid wages during an ongoing employment relationship are not subject to this limit.
Does an employer need to pay severance when a fixed-term contract expires?
Under Article 46 of the Labor Contract Law, unless the employer maintains or improves the contract terms and the employee refuses renewal, the employer must pay economic compensation at one month’s salary per year of employment.
What are the thresholds for prosecuting illegal absorption of public deposits?
Prosecution should be initiated when the amount reaches RMB 1 million, involves 150 or more persons, or causes direct economic losses of RMB 500,000 or more.