As regular readers of this blog should know, employers in China, (especially foreign employers) face myriad, complicated and hypertechnical local employment laws. This often means that one small employer mistake can lead to big and expensive problems. As much as we wish all our employment law clients would first come to us requesting we audit their employment program to bring it into compliance, the truth is that about half the time they come to us only after they’ve been hit with a big (and nearly always expensive) employee problem.

The good news is that most who come to us to solve their pressing employee problem realize the benefit of having us work with them to prevent future problems. These are the clients who realize that it makes sense to change their oil every 3,000 miles instead of having to buy a new engine every 40,000 miles. Some clients are convinced (or should I say convince themselves) that their employee problem was just a one-off and that their “relationship” with their other employees means there will be no such problems in the future. About all I can tell them is that my experience and that of every single other China employment lawyer I know says their future odds are not good.

In general, the best way to deal with just about every legal problem (in China and pretty much everywhere else as well) is to do both what you can to solve that “one” problem and to search out and remedy the root cause of that problem so that the same sort of problem does not...

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