Investing In China Proposed Labor Contract Law

If you are considering setting up a company in the People’s Republic of China (the PRC) you should be aware that Chinese law is more protective of employees than the laws of many western nations, particularly the United States. The current PRC Labor Law was enacted in 1994; however, a new PRC Labor Contract Law, intended to supplement the Labor Law, is expected to come into force at the end of 2006. This new law contains both bad news and good news from the point of view of the foreign investor; however, in general it further strengthens the protection of employees.

The Bad News:

Severance Pay

Because it is difficult under the PRC Labor Law to terminate open-term labor contracts, employers usually prefer fixed terms. The Labor Contract Law will address this issue by requiring employers to pay severance compensation to employees on fixed term labor contracts if these contracts are not renewed at the end of the contract term. The proposed compensation is at least one month’s salary for each year of service.

Company Rules/Employee Handbooks

No provision in the employee handbook or other rules affecting the employee’s “personal interest” may be put into force absent consultation with the labor union or other employee representative body (under Chinese law, virtually all employees are required to be unionized).

A Shorter Probationary Period

Currently, the probationary period may be agreed between the employer and employee in the labor contract, but the maximum probation may not exceed 6 months. The Labor Contract Law shortens this period to one month for non-technical work and two months for most technical work (the six-month maximum is still retained for senior technical work, probably because these highly skilled employees are seen as less vulnerable in the employment market. This is significant because it easier to fire an employee during the probationary period than afterwards.

Non-Competition Clauses

Foreign invested companies in particular have tended to insert post-employment non-competition clauses into labor contracts in order to protect their intellectual property rights in China’s wild west business atmosphere. Although the Labor Contract Law allows post-employment non-competition restrictions, it will limit their enforceability to two years and restrict the geographical area of applicability to areas where actual competition is likely to occur. In this respect the reform will render Chinese law more similar to US law, since the current Labor Law does not impose any geographic restrictions at all (but does permits a maximum duration of up to three years). The Labor Contract Law goes even further, however, by requiring the employer buy a non-competition clause by paying a minimum compensation equal to the employee’s annual salary upon termination of the labor contract. It is still unclear what, if any compensation will be due the employee if the period of restriction is less than a year.

Contract Interpretation

Any ambiguous term in a labor contract will be construed in favor of the employee. This rule does little more that codify what has long been the prevailing practice in PRC courts.

Representative Offices

The current Labor Law requires Representative Offices to go through designated agencies such as FESCO (similar to Manpower in the United States) in order to hire employees. The new Labor Contract Law offers Representative Offices greater flexibility by allowing them to directly contract with employees for their first year of employment.

In summary, the new Labor Law will restrict foreign investor’s flexibility and make it more expensive for them to operate. The only good news is that Representative Offices will find it somewhat easier to operate. Typically, the new Labor Contract Law does not bother to define terms like technical, senior technical; and personal interest However, foreign investors have long been used to waiting months and even years for ambiguous terms in Chinese law to be defined through the further issuance of implementing regulations to supplement the main law; meanwhile the government’s actual implementation of the law in particular cases will be closely watched.

Where To Find General Transcription Training

Many people who are unfamiliar with general transcription ask where to find transcription training so they can start working at home as a general transcriptionist. Some people think you don’t need any training at all and it’s simply a matter of being able to type fast and listen well. And there are some people that are naturals; they learn quickly how to use the software and other tools and they start right in on picking up work within a few days.

And some others start in this business after learning and doing transcription on the job with a former employer. Since they have the skills already in place and have been doing transcription for a while, they simply need to adapt to being home-based and self employed.

But for many others, it’s not so simple and they really need to get back to the basics and learn additional skills before attempting to move into this business as a source of home-based employment or income because this isn’t just some “type from home and make money” scheme. This is a genuine business working with real people and real companies to earn real money.

And it’s up to you to use your best judgement and decide if paying for a transcription course is really necessary.

If you’re unfamiliar with what “general transcription” is, let me start by saying that in my opinion, there really is no way to “train” to do general transcription. There are no accredited or certified General Transcription courses and learning to use a transcription machine or software is often part of another course in business or a part of certified medical and legal transcription programs. But so far, you cannot become a Certified General Transcriptionist.

And why is that? Because general transcription fills in the gap; it is everything but medical and legal, so you can get transcription work from any industry and any individual. Unlike the medical and legal fields, there are no industry specific structured ways of typing information into specific templates.

You may do an academic transcript one day in one format on one subject, then do a podcast or general interview the next day in another format in a completely different subject. And since each client sets up their documents a different way depending on what they’re going to do with it, the same client may have several different formats they want you to use.

In fact, your clients may simply say, ‘Just set it up how you think is best,’ and you get to be creative. So you simply cannot learn to use only one or two different “one size fits all” templates. It’s much too varied.

So basically, if you decide you need hands-on training in a formal setting, you’re more than likely looking at having to take a medical transcription or legal transcription certificate program and then adapt what you’ve learned into the general transcription field. And that’s not really a bad thing because you can never have enough education.

Now if you already have a solid grasp of the English language, typing and you can learn software rather quickly, you may not need to take any professional courses to start in general transcription. But you may need to learn a little bit more about the business end of things, like what software you need and how to get clients. In this case, there are a few books and online resources you can buy.

You need to thoroughly check these resources out though to make sure you’re not wasting your money. So check for testimonials and even contact the authors. Make sure the course or book will provide a wide variety of sample document formats to use and how to set them up. This will help you learn your word processing program. But remember, these are just samples. You won’t know ahead of time what your specific clients may want, but if you get enough practice, you’ll be able to set up anything they require.

Good transcription training courses that are worth their money should also provide you with several sample digital audio files you can practice with, and where to find more samples online, such as business podcasts to download and practice with. It should also include a section that shows you how to record a webcast or podcast from the Internet using digital audio recording software, and a brief section on how to convert a physical cassette tape to a digital file.

And finally, it should show you how to use AutoCorrect and other keyboard shortcuts that will help you with your typing speed.

So, while taking a formal course in transcription training can be costly without getting a college grant, finding a decent course online or simply learning by doing does not have to be expensive. With a little research and effort, you should be finished and on your way to working from home in as little as a few months time.

And remember, having the freedom to work at home with a business that is growing in demand will provide you with the means to enjoy your family, avoid the stress of the average workplace, and give you a sense of pride that you can only achieve from being your own boss.

Advice That Will Assists You With Your Personal Injury

Have you been injured? Was it at the fault of someone else? If so, you may want to find out what you are legally entitled to. When you are dealing with personal injury, there are a few things you should know that will make it a little easier to deal with.

When choosing a personal injury attorney, ensure that you are choosing a law office which has an entire department dedicated to personal injury. Meanwhile, it is common for law offices to pursue several different types of cases, it is important to choose an attorney who’s well versed in your niche.

If you are looking for a reputable personal injury lawyer, ask around your friends and family for referrals. They may have been involved, or may know of someone who has used, the services of such a lawyer in the past. They will be able to give positive and negative recommendations based on their experiences.

Watch what you say. This is especially true at the site of the injury. You have no obligation to tell people who you think is at fault. You also do not need to provide more information than legally required. Making any statements on the scene of the injury may lead to more complications as your case progresses.

Bring all of the necessary paperwork to your initial consultation as this is very important for your personal injury lawyer to develop a solid case. Make copies of each of these documents too, as you will want to have one just in case. This puts you in the best position to team up with your lawyer and win.

Choose a lawyer who appears to care about you. If they really feel like you’ve been wronged, they’ll put that passion into winning for you. If they seem aloof or distracted, they’re not going to put as much effort into your case. The more they care, the better your chances are for a win.

Always be fully honest with your lawyer. If you are trying to win a case, the worst thing that you can do is to lie to your lawyer about the circumstances. Your lawyer will need this information so that they are not surprised when it is time to prove your case in court.

Getting hurt is no fun, but when there is someone else at fault it can be even more devastating. As you can see, you do have rights and there are things you can do. Use what you learned here and you can have a much easier time dealing with your personal injury case.

Melissa Sugar Attorney Has Extensive Knowledge in the Legal Field

Melissa Sugar attorney started her career as an assistant State Attorney in Clearwater, Florida. She worked there for about four years and got the best trial experience. Her training gave her the confidence to become one of the most powerful female attorneys in Louisiana. From 1996 to 2002, she worked as an assistant district attorney for Desoto Parish. She successfully prosecuted hundreds of felonies including Capital murder. She sustained a death penalty verdict for a high profile case, State v/s Michael Taylor and State v/s Timothy Taylor. Melissa Sugar attorney was the Chief Assistant District Attorney for Bossier Parish from 2002-2006. She was in charge of all violent crimes and tried about 20 homicides and was successful in each trial. One of her high profile cases was State of La. Vs Jocelyn Dooley. The case gained national media attention and she was extensively interviewed for nationally aired television show called -Snapped-. Melissa Sugar attorney has also been featured several times in SB Magazine’s annual Top Attorney’s Edition.

Melissa Sugar attorney graduated from Ole Miss in 1988. After taking a year off between college and law school, she began law school in 1989 with a full academic scholarship. In the year 1992, she graduated Cum Laude with a 3.4 G.P.A from Thomas M. Cooley Law School with honors on the top 5% of her graduating class. She has been listed in Who’s Who of Law Students and was graduated at number 6 out of 143 students. While attending law school, she was accepted for a clinic program called The Sixty Plus, Inc. Elder Law Clinic, which is a two-term in-house, live client, nationally award-winning clinic providing quality free legal assistance to senior citizens in Michigan. Melissa Sugar attorney was the only student to participate in an extension of the Sixty Plus Inc. Elder Law Clinic and she was asked to remain for a third term of the Medicare Part Three cases for clients and to draft proposed amendments of the Medicare Part C Plan for presentation to the Michigan State Legislation. She was also accepted to attend a semester of law school through the Tulane Law School on the Greek Isles.

Melissa Sugar attorney also supports a number of charitable organizations such as St. Jude’s Cancer Research and the Neo Natal Intensive Care Unit.

Stay in relaxing mood with safe Herbal Incense Online Herbal Highs are Legal and Safe

Herbalaxation is the maker and supplier of herbal medicine and herbal health care products. Our legal Herbal Incense, which are vastly acceptable and acclaimed for both men and women. We also offer Herbal smoke Mini-hookahs that are ideal for Herbal Smoking. Herbalaxation offers a complete solution to a whole range of herbal medicine. Herbal medicines refers to the devout and therapeutic activities. In one word it must say any herbal product works as a curing method. Taking an important responsibility in aromatherapy and therapeutic applications, there is no other things as herbal medicine and herbal spices. Using herbal products in such a proper way can reduce any kind of health related problems because of herbal medicine or herbal incense are made of medical herbs or medicinal plants. Herbal smoking Blends are one of them, which is very good for those people who want to quite smoking habbit but failed. Smokers have some excuses that smoking relieves their stress, and strain and removes tiredness and stimulates their spirit. Herbal smoking blends are not made of Nicotine, but with various herbs. That doesn’t provide you with bad effect on your heart and lungs but without any nicotine it gives you a fresh feeling as any smoking elements. Herbal smoking sticks are not having any harmful ingredients, so that they are absolutely safe for your health, not even effect on passive smokers.

Now Herbal Smoking blends are appreciated in the global market. Keeping in mind the prehistoric Ayurveda and up-to-date scientific research Herbalaxation have renovate all the herbal healthcare products and medicine that are cost-effectively and qualitatively accessible online. We have an enormous variety of products that includes Herbal highs, Legal Highs, K2 Summit, different Aromatic Potpourri only for aroma therapy treatment and serenity now herbal incense etc. which are alimentary supplements that can arouse you and your body’s natural energy resources.

Herbalaxation is different from others dealer because, it offers only highly effective and safe Herbal Highs and Legal Highs. Those are absolutely legal products and you are allowed to buy all these herbal incense if you will be above the age of eighteen. One must feel the difference whenever he/she taking those products. Incense sticks have a relaxing effect that spreads all over the body, specially on nerves and minds to provide instant relaxation and a satisfying you by affirming your tensed nerves. We are beyond compare on the market, because of our wide and excellent collection of legal highs which are made of proper herbal ingredients with no chemical essence. As Herbal incense is one kind of aromatic herbs, it gives you longer relaxation and staying power to accomplish the feeling of pleasantness that lasts long and stays on as an enjoyable mood around you.

Our great diversity of products are adapted only for reaching our customers’ needs and satisfaction. In order to know more about our herbal product’s purity, our Herbal Incense review guide is handy for you. It has all the answers that you want to know. Then rush to us just by a click to our new product option, to purchase any one of your choice and make yourself comfortable.

Call Criminal Law Leaders to get justice

Lawyers can be positioned just after the doctors as you know not when they are required in you life but their absence can let your life go for a toss. It is always expected that you knock them at the right time before things worsen and explain the issues clearly to the DUI Lawyer Ft Lauderdale and Criminal Defense Attorney Broward FL without hesitations.

When it comes to lawyers then people often take a back seat as they feel that law and court is always a thing of complexity and do not want to sort out the issues at early stage. South Florida Felony Trial Attorneys have an altogether different perspective of this viewpoint. They have a group of most efficient Florida Criminal Defense Lawyer and South Florida Felony Trial Attorneys. This group of experts, they feel, can bring back peace into your life and give you justice without much hassle.

In our daily life you never know when life change and what issues might crop up. Any normal person in his daily activities can become a prey of issues like criminal cases, DUI, drug cases, warrants and probation violations are some of the common issues. People with youngsters at home are also victims of such issues. At this point of time, without wondering what to do you should approach a Probation Violations Ft Lauderdale, DUI Lawyer Ft Lauderdale or a Broward County Criminal Traffic Attorney. Criminal Lawyer Leader has a host of such lawyers available to meet the requirements of ordinary people not only in Florida but in the nearby areas also so that their life can become easier.

Most of these lawyers are qualified enough to meet all the requirements of the people and get things done by them without much issues. The group has earned recognition and acclamation from all over the country. The experts at this law firm analyze the requirements of each of the clients in details and then provide the right kind of suggestions. It often happens that most of the people are not aware of the type of lawyer they need to approach. Here, in this firm, they will get that consulting service as well. They are available over the phone. You can fix an appointment and set up a visit at your convenience.

Free consultation is one of the most mentionable services offered by this firm. You can call them up and get answers to different types of queries you have regarding a case files against you. They are simply the experts who know the how to find the finest loopholes of law and let you go scot-free. Fort Lauderdale Criminal lawyers have a class of their own and they have earned a lot of name in the process. You can go through some of their recent verdicts which are no wonder worth mentioning, in their firm website. This will enable you to fetch some qualitative information on this group and their objectives.

Download Xbox 360 Games For Free Legally

When you searched for the word “download free Xbox 360 games”, what you got in return. Ha, hundreds of thousands of results for the keyword that you typed in the search box. And when you visited the site at the first place, what did you find there? Did you get your “free Xbox 360 games”? Were there any free games for Xbox 360 really? Well if you search for the similar query in Google, first result will be from YouTube. Do you think Youtube will provide you with free Xbox 360 games download? No, this is a just a video that will misguide you on How to download Xbox 360 games for free?

Ok now you left YouTube and moved on to next result(s). And you find that despite of finding millions of search results for free Xbox 360 games, you get no free games for your Xbox 360. Why so? Why have Google provided you with millions of results for your searched term but the thing you were looking for are no where? Do you think you will get games free for Xbox 360? There is no site that can provide you with free Xbox 360 games download. In fact, Xbox 360 free games download does not exists. All those sites that you visited through Google or any other search engine uses tricks to get ranked high for that keyword. In reality, you will never get free Xbox 360 games.

There are no legal free games downloads for Xbox 360 but you can find lots of free games as torrents and through file sharing sites like rapidshare. Yes these might be full version games but you run the risk of getting your system affected with spyware and adware. Moreover these are illegal Xbox 360 games, so you also run the risk of being punished by law if found of doing so. So the only option to get Xbox 360 games for free is to purchase them that you will never.

So here is another way you can download Xbox 360 games for free legally. There are few sites on the Internet that can provide you with free games but you have to be their site member. And the problem is their membership will cost you money. But I think it is good to pay for once and download free Xbox 360 games for whole life. With these sites, you can download unlimited number of “free Xbox 360 games” by just paying a small one time subscription price. Now it is up to you whether to pay for every Xbox 360 game that will cost you $50 or more or just pay a one time fees to download all the Xbox 360 games for free legally.

Ottawa, Ontario Personal Injury Lawyer Explains How To Calculate Ontario Car Accident Compensation.

Ottawa Accident Lawyers: Calculating Your Settlement
1. Damages

First you must understand what damages you are entitled to. If your accident or injury caused you to miss time and wages from your work, you are entitled to receive those lost wages in your compensation. If your injury requires you to take long term disability, you should be compensated for that as well. Any property damages as a result of your accident, as well as emotional trauma and medical bills from physical trauma, these are all things that you will want to calculate in as damages for your compensation. Experienced Ottawa lawyers can help you figure out what your damages are from your accident and ensure that you are properly compensated.

Who”s More at Fault?

Another factor in determining settlement amounts is the percentage of fault. In order to win a case, Ottawa lawyers must have evidence that the accident or injury was due to the negligence of the other party. However, 100% of the injury need not be their fault. Typically some of the blame may lie on the side of the injured party, and in that case the insurance company and the victim can come to a conclusion as to what percent of the accident was the fault of the injured party and what percent was the fault of the other party.

Once a conclusion has been reached, there is a new calculation of the possible settlement amount. After adding up all of the damage amounts, including lost wages, disability, mental anguish, and anything else you may feel entitled to, the percentage that is attributed to your fault is then taken out of the equation. For example, if your damages total $1,000, and it is decided that you are 30% to blame for the accident, you would be seeking out $700 in compensation for your losses. Experienced Ottawa lawyers may try to argue for more on your behalf, but this is the number that will typically begin the negotiations.

If you or a loved one has been injured or died as the result of an accident, you may be entitled to accident benefits you are not receiving. As an Ottawa lpersonal injury lawyer specializing in personal injury, I meet with people daily who have been seriously hurt and need help. Call me at 613 978-9549 or email for more information and a free consultation.

Visit www.ottawainjury.ca

Custody of Children after a Divorce

Over the course of history women have been given custody of children after a divorce more often than men. This used to be seen almost as an automatic right. This has changed slightly in recent times though, with Fathers given significantly more rights when it comes to looking after children post-divorce. This applies to both custody and visitation rights if their ex-wife has been given custody. A Fathers role in the development of children is taken much more seriously than in previous times. Family Law states that Fathers have equal rights to Mothers and each decision should be made on its specific merits.

Statistics show that women get custody more than men though. What is the reason for this? It could be that there is still some bias towards women by judges, who assume that Mothers make better parents. On the other hand it could just be that Mothers tend to more often be in the position where the children living with them would be more appropriate.

After a divorce there are many factors that are taken into consideration when deciding which parent should get custody of the children. Each parents employment status can be a very important factor. If one parent works full-time and the other doesnt work at all, it may be deemed best that the children live with the parent who does not work. This is because (s)he has more time to be able to devote towards the children. This may be one reason why women gain custody more often than men; it is more common for women to be stay-at-home parents than men, although this is not as common as it once was. A decision is most likely to be based on this reason if the situation was the same when the couple were married, and this parent has spent more time with their children as a consequence. The decision can in some cases be made the other way round, with the parent who does work being deemed to be in a more financially stable situation. This is not always the case because this parent will usually be required to make maintenance payments to help the other parent bring up their children.

The situation each parent finds themselves in and the stability of this situation is also important. This can depends on employment as well as other factors, such as lifestyle. If one parent has medical or psychological problems, then they may not be deemed the best parent to bring up the children. If one parent has re-married it could work either way. It may be seen as a negative to have someone else playing a part in their upbringing so soon after their parents have separated, but it could also be decided that this is a better family environment to bring children up in. A criticism of the system is that too much of the decision comes down to the opinions of a particular judge, and no matter how much Family Law stipulates what should happen, everyone has certain biases.

Andrew Marshall (c)

When Should You Contact a Car Accident Attorney

Have you been in a car accident that was not your fault? You might have grounds to file a compensation claim. A car accident attorney in useful in the following situations:

Severe accident: If you plan to sue the at-fault party for medical expenses or lost wages, then a car accident attorney can represent your case.

No one takes blame: If the person you think is at-fault disputes that claim, then a car accident attorney can investigate the situation.

Insurance refuses to pay: If the insurance company refuses to give you any compensation, then a car accident attorney can fight for you.

Quick settlement: If you are forced to accept a quick settlement, then hire an attorney to receive the compensation you deserve. Car accident attorney in New York Mr. Marvin A. Cooper, P.C. is an experienced New York car accident attorney. Call at (914) 357-8911/ (718) 619-4215, if you are injured in any accident and want to claim compensation. For more details, Fax : 914-428-4126, mail at: , visit: http://cooper-law.com/

Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.

For orginal souce visit at : http://cooper-law.com/when-should-you-contact-a-car-accident-attorney/