Like this article? PLEASE +1 it! Evan Signature
Evan Carmichael Top Header about About Home Profiles articles Tools forums inspirational quotes About facebook Twitter YouTube Blog
Share for a Cause











Tied Up and Gagged by China's New Labor Law

Guest post by: Chris Wingo

Article Overview: I feel the new Chinese labor law has us tied up and gagged all in the name of protecting "the employee". Unfortunately, the inability to quickly part with an underperforming employee is hurting our company and all our other employees. Another Chinese case of spend a dollar to save a dime, or as they say in China, 因小失大.

Free Download - A better way for American SME's to sell in China By Chris Wingo
Name: Email:

Tied Up and Gagged by China's New Labor Law

We are a small very performance oriented company. We do B2B engineered product sales outsourcing here in China and my team members are generally solid performers with the current exception of one who's more than a bit substandard. Last year, I had another performance issue with my BD managerwhose performance had been deteriorating over several months. I coached her, considered parting with her then finally made a decision to keep her contingent upon her making a commitment to improve.
I called her in to discuss the "good news", I wanted to keep her but "we'd" have to make some changes. When I suggested there were areas she needed to improve, she quickly responded "what are you talking about, I have been doing everything right". I asked, "you mean to tell me that you cannot think of one area that you can improve". Upon receiving her "no", I said "conversation over". I processed her termination notice and informed her she was fired; I told her we would pay all due to her per the "new" labor law.
What a mess I created. Here was a high paid under-performing BD manager that I correctly chose to part with. In the US, the decision would have been simple, justifiable and without legal repercussion. In China, well let's just say we've been through the labor department and won the ruling "it was a legal fire", on her appeal the lower courts ruled "it was an illegal fire but we only owed and additional 9,000 RMB", and now we're headed for the "big courts" again on her appeal. She is working the law to the max.
Consequently I have become a little gun shy and continue to pay another low performance high-salary employee while we work through a convoluted process to reduce slowly and legally "push" him out of our company. No longer can I say, "it's just not working, you should find another job". From this business owner's perspective I can only say "the new Chinese labor law sucks". In the name of "protecting the employee" it hurts the company and all my other contributing employees in the process. Go figure and be sure to follow the proper legal process if a separation is in order.

Related Articles
  10 Reasons NOT to Talk to Find New Customers
  Supreme Court Ruling May Lead To More Unionization
  Hiring Employees FAQs
  Labor Day…Just Another Holiday?
  Companies Insist Suppliers be more Socially Conscious
  Glossary of National Labor Relations Board Terms
  Employee Testing and Assessments
  Marketing Your Expertise To Get More New Clients
  Shackled to Our Own Ideas
  Bye Bye Business Method Patents
  Strategic Planning Is About Workforce Management for Future Business Success
  Let's Skip the Offshore Horror Stories
  Aeroplan mileage redemption levels to increase
  Employee Trusts
  What to Look For in a New Franchise
  Perception remains that Jobs IS Apple
  Meal & Rest Periods – California Labor Law May Hold Employers Liable for Additional Hours of Pay
  What to Look for in a New Franchise
  California Labor Laws and the Domestic Workers Bill of Rights Movement
  Pay-For-Performance

Home > Sales > Chris Wingo > Tied Up and Gagged by Chinas New Labor Law >
Article Tags: china, Chinese employees, chinese labor, Chinese personnel problems, employee rights, firing in China, labor law

About the Author: Chris Wingo
RSS for Chris's articles - Visit Chris's website

My Mini-Bio

 

I started my career as an aerospace engineer with Ford Aerospace in California back in 1985. From there with MBA in hand, I ventured into technical sales for W. L. Gore & Associates before landing in China in early 1997 to manage Gore's Asia-Pacific business. In 2003, I setup and am now running China Sage Consultants based in Shanghai, China. 


Tops in China Sales Support since 2003!

 

China Sage Consultants offers full sales and business development outsourcing for US B2B engineered product companies seeking to enter China and sell in China. Our China Sales Incubator program provides everything needed to sell, market and establish a long-term China presence - program provides same as own Rep Office in China. China Sales Incubator is minimal-cost, high-results and virtually no-risk. Select recruiting and other consulting support available.

 

China Sage Consultants - Your best first step to sales in China.


Visit www.ChinaSageConsultants.com for more information. See my China Sales Dog Blog for insights on selling, business and other bigger things "China". Visit my Linked-In profile for more.



Click here to visit Chris's website
Dashed Line

China Sales Dog Blog
More from Chris Wingo
My Friend on the Street in Shanghai
A better way for American SMEs to sell in China
Ten Tips for Selling B2B in China
Is it Time for You to Start Selling in China
Hiring in China Do Your Due Diligence


Related Forum Posts
Re: Best Month For Getting Financed? Re: Best Month For Getting Financed? - Let me suggest that May/June are the best months to inquire about funding and investment. Once tax season is over, banks and investors have plenty of budgeted or reserved funds waiting for commercial clients. Funds start to become limited around Labor Day!
Successes at My Space Successes at My Space - [quote:37w3bsp7]do you mind sharing some of your successes with MySpace? [/quote:37w3bsp7] Hi, Evan Actually the successes I was talking about was with the Groups feature - there are soooo many groups there of interest to me, from the fiction to the sciences, that I've joined them all. I don't find Facebook's Groups stuff to be user-friendly at all. I will say that the more I browse, the more I just shake my head at what people do there (as well as on Facebook, of course). Profile pages where the text of everything is illegible, either because they have a dark, illustrated background - which looks nice but makes it impossible to read anything, or because they choose weird colors - one person I saw yesterday used light red text on a dark green background. And when you read their blog entries or even the text on their profiles... it's like they can't put together a coherent sentence, let alone spell any of the words properly. And I don't think they parse other people's writings very well, either... Well..end of rant I'm just annoyed because it's Labor Day weekend and I'm sure everyone's out in the fun and the sun instead of being at home surfing the web [and in particular my site]!
Erica Ehm profile, Ladies Who Launch Erica Ehm profile, Ladies Who Launch - Meet Erica Ehm Interview Meet Erica Ehm in Toronto at Ladies Who Launch LIVE on September 29. Erica Ehm rocks. And she does it with the lights on. At least, she used to. One of Canada's most recognized media personalities, Erica was barely in her 20s when she became the first female video jockey on Canada's MuchMusic cable TV station. Erica went on to launch a multi-media career that has included television, radio, film, theater, journalism, songwriting, and music publishing. The birth of her son, Joshua, however, changed her pace and direction on a dime. As a new mother, she found herself confused, afraid, isolated and depressed, and she wasn't alone. Yummy Mummy Club was launched to create an online community for women with "kids, guilt and no time for themselves." Cheeky and playful, it speaks to "finding the impossible balance between the single sexpot she used to be, the woman she's become, the professional she works hard to be, the wife she aspires to be and the mother she has to be." What I learned from Erica: the key to success is to dream. "To make your dream come true, you first have to have a dream." And,"You have to be very specific as to what you're trying to achieve. Go at it, day in and day out. Meet people. Network. Use others' expertise to your mutual benefit. Find the 'frenemies' around you. And, be prepared for more work than you ever thought possible." Birth of a Video Jockey "I always wanted to be in music and acting. They were my passion, and, as a VJ, I could combine the two. "When I was 16, I worked at a local radio station. My next jobs were at larger radio and TV stations. They saw that I was passionate and driven. I was able to make a demo tape and I basically thrust my talent on MuchMusic. "I also ran the school yearbook, wrote a student newspaper column and did my college yearbook. A pattern emerged that I didn't notice. It was that I've always been a spokesperson for my generation." School of Hard Knocks "I went to the school of hard knocks. I learned on the job. I had no formal training, script or director and I was on the air live for four hours every day. I survived and flourished." Fearless Good Girl "I learned to be fearless in front of an audience and camera. "I was creating my own persona and messaging from the time I was in my early 20s on live national TV. This forced me to examine my priorities and what kind of message I wanted to send. "I positioned myself as a good girl, an inspiration and a role model, as opposed to the party animal rock and roller. I used the platform to spread inspiration to young people and women. No one ever wrote a script for me. It all came from my heart." Ups and Downs of Celebrity "I was somewhat of an introvert and initially not comfortable with people. I just wanted to interview rock stars and understand their creative abilities. I didn't think about and wasn't prepared for celebrity. "It did allow me the opportunity to get my message out. I learned how to use the media for my own ways and how to navigate an interview." Shock of Motherhood "I was totally unprepared for the psychological, emotional and physical changes when I had my son, Josh. I did all the research, but it hit me over the head like a hammer. I was in a fog and totally depressed and terrified." Dirty Little Secrets "I wondered if anyone else was having such a terrible time. Out at parks and places, I started to talk to other mothers and tell them my experiences. "They'd say, 'Me, too.' I realized it was a dirty little secret that no one is sharing because they're too ashamed that they're not the perfect mother. "I thought, there has to be some way to talk to moms and tell them they're not alone, that we're all going through same thing and it's OK." Yummy Mummy Club "I wanted to create a place on the internet to share and celebrate our lives as mothers. The idea was to stop talking to moms like they're just moms. "We are women first. Part of the discussion will be about motherhood, but we are also lovers, girlfriends, athletes and so much more. A mother is not just a caretaker of children. So many of us forget that when we have a child and start to lose our identity. Definition of a Yummy Mummy "It means different things to different people. She's an inspired multi-tasking mom who feels good about herself and takes good care of herself. She's a great role model for her friends, kids and family." Hooked up With a Delicious Daddy "A Delicious Daddy is a father who is connected to his family on a domestic level. He doesn't just go to work, come home and say, 'Honey, where's supper?' He's connected on an emotional and physical level. Imperfect: The New Perfect "Moms need to lose the guilt and fear. It's all a state of mind. It's important to keep the idea of 'happy mummy, happy family' in perspective. Sometimes a mom has to take care of herself and put her needs first. Refreshed and inspired, she'll be able to be there for her kids in a better way." Prepare For Chaos "For all the talk about balance, really there is no balance. As soon as you have it, something goes out of whack. Be prepared for chaos." Turning Point "My business model has been based on my own intuition. I built my website by hand myself on intuition. Its message and feel reflected my strong vision. I was a one-woman operation until recently. "Now I've hit a plateau. I'm still doing most of the hands-on, but now someone does the site for me. I hired a mom-preneur of Craigslist. I've hired a firm to handle the invoicing and I have virtual assistants. My sister in law is the 'prize queen' and she contacts our contest winners. "I love the transition. I'm very careful about who I'm asking to join my team. Everyone has exceeded my expectations. The secret is, hire moms. They know how to multi-task, they take great pride in their work and they know about self-employment. Moms are the best untapped market." Yummy Future "YummyFriends is my new social networking site for women and moms to meet and support each other. It's a place to share sexy secrets, fave books and cool questions. "My biggest initiative to date is a user-generated contest to find Canada's Yummiest Mummy. It's a 12-week contest beginning over Labor Day. Thousands of videos will be uploaded and there will be prizes for winners, voters, and people who forward news of the contest. It's a huge undertaking with a cheeky, playful vibe." Yummy Last Words 'The only way you'll succeed is to put work and time in. It can't be all about money because then you'll start compromising left, right and center. You have to be consistent about your dream. Have the attitude, 'If you build it, they will come.' "Starting out in the spotlight so young, I learned that the key to success is to be fearless. Don't be afraid to ask, to take chances and to risk being turned down. Roll with the punches and get back up."


Share this article with your friends. Fund someone's dream.

Leave a comment below or share on the left and you'll help support entrepreneurs in Africa through our partnership with Kiva. Over $50,000 raised and counting - Please keep sharing! Learn more.



Featured Article

Bottom Footer



Newsletter

Get advice & tips from famous business
owners, new articles by entrepreneur
experts, my latest website updates, &
special sneak peaks at what's to come!
Name:
Email:
Popular Articles

Selling with Humor (and a Sorry Butt)

Make Small Commitments. Get Big Changes.

Living on The Edge of Chaos...

Suggestions

Email us your ideas on how to make our
website more valuable! Thank you Sharon
from Toronto Salsa Lessons / Classes for
your suggestions to make the newsletter
look like the website and profile younger
entrepreneurs like Jennifer Lopez.