China: Contract of Employment

Foreign employers in China often believe signed vacation policies protect them from annual leave disputes, but Chinese law places the burden of arranging, tracking, and compensating statutory leave squarely on the employer. This article examines how cumulative work history determines entitlements, why "use it or lose it" clauses fail without proper documentation, and what compliance gaps emerge when companies wait for employees to request time off instead of proactively managing leave obligations.

Guidelines send a clear & coordinated signal: non-compete clauses must be narrowly tailored, properly justified & supported by fair compensation.

本文将从笔者近两年处理的系列限制性股票损失案件为视角，结合京沪深三地审判实践，对该类案件进行粗浅的法律分析。