Man And Work Law

Archive for February, 2010

Being charged with driving under the influence or DUI is a serious offence and should never be considered a simply a minor traffic offence. DUI charges and subsequent convictions can have far reaching and long lasting consequences so you need to consult with a Tampa DUI attorney as soon as possible.

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.

A newly admitted lawyer to the Massachusetts Bar, has several options upon receiving his or her license to practice law. They can apply for an associate position with a big firm, and conduct research for the next five years; they can apply to work in a small firm and do all the work the senior lawyers do not want to deal with; they can hang their own shingle. This article will take the perspective of the later, i.e., a recent law school graduate with an entrepreneurial spirit, a little cash on hand, and a desire to start his or her own practice.

Forget about the fact that marketing and obtaining clients is going to be the most difficult aspect of the new venture. Forget that the new attorney must choose an area of practice, for even a general practioner can’t work in every field of law. Once the client walks in the door and the attorney wants to accept the case, the flood-gates of paperwork will open.

The first document a new lawyer must draft is a fee agreement. There are several internet sites out there that have these types of legal contract, as well as other legal forms, but those legal documents are very general in nature and likely do not satisfy the Massachusetts General Laws. However, a quick look in any Lawyer’s weekly will show a host of legal software companies who have created word documents drafted specifically for Massachusetts, or what ever state your practice requires.

Next is the whole process of filing a complaint or answer if a law suit is involved, drafting HUD statements if real estate is the issue at hand and so forth. One new Massachusetts Probate Attorney, recently said, “I didn’t know where to start before I had the direction of my document generation software and my online research tools”. She went on to state that, “but for the form generating software, I would have had to consult for hours the Massachusetts Practice Series and other form books”.

Once a case has been filed, the real onslaught of paper work and forms hits the fan – DISCOVERY. There are interrogatories, request for production of documents, requests for medical records, requests for police reports, subpoenas’ for depositions, etc. There are motions for summery judgment, motions to compel, and so many more. A new lawyer who has never drafted these documents has virtually no where to turn, but to the form books for hours and hours of unbillable research time.

The biggest problem for new lawyers is they did not learn how to try cases in law school. Rather, they are more equipped to argue an appeal in front the The United States Supreme Court then they are to handle a simple will contest, or personal injury matter. The bottom line is, in order for a new attorney to be efficient, they can either purchase one of these up to date, form generating software packages, be lucky enough to have a mentor, or put their dreams and aspirations on hold for two or three years, while working for a small practice. In the case of the young probate attorney, she decided to purchase the software, and was lucky to have one of the premier real estate and probate attorneys in the state as a mentor. However, not all new lawyers are so lucky, and if you are going to spend 30 hours a week researching what forms are needed to follow procedure, you will be hard pressed to find time to actually represent your clients, let alone conduct legal work that can be justified as billable hours.

The gist of all of this is that it would be highly advisable to look into the technology that is available today if you are a new lawyer, and in fact, even if you are an experienced lawyer, this technology allows you to stay current with any changes in the law and procedure for state courts in your document library.

Recently, and even still, there has been a lot in the news about The Law of Attraction. The Law of Attraction simply states that “Like attracts like”. In other words, if your believe is that life is hard and that you cannot make it no matter how hard you try ( as is rooted up in most people) then that is what it will be for you.

Not only that, you will also only draw the kind of people who are like minded with you – people who’s thinking are that limited as well in order to compliment yours and make you affirm to yourself that the believe you hold in your mind is true. In this case you will continue creating your reality in negativity.

But thank God every human being has the power to decide what believes are best for the kind of life he/she intends to live.

If we are honest with ourselves, no one will like to live an entire life struggling for a living. Life is just too short for that. Every human being craves – at least – some happiness in their lives. Be it success in whatever area of life or some fulfillment of some sort – Family, career and finance, friendships, relationships, health, and the count goes on. In order to attract all these, we need to act in accordance with what we really want to achieve.

In a quest to attract success in ones career it will not just mean having a good resume. Most businesses these days search for people who can attract business and positively impact their bottom line and for that matter, the need for knowledge in business etiquette has become a very important requirement in the qualifications most sort after by employers and businesses.

REAL opportunity seekers and career oriented professional and business people know that to attract success you need to act and walk the part. There is no need to hope for success and advancement in career if as a person, your actions only repels your intentions.

A serious career oriented professional does know that he or she needs to always dress the next career stage at the present position to indicate to the bosses and the business world that he or she is ever ready to move on to the next higher position.

Dressing up the next level is only signaling to your subconscious mind to start preparing you for your next promotion. Adding up to that could be that your table manners among executives depict a very fine person who can impress clients with all confidence at business meetings and luncheons. It may not necessarily mean a promotion at your current workplace, it could be a better company compared to where you are now.

If you are doing business for yourself as well, you need to give out the image to your prospective clients and partners that you are more than capable to handle their interests, regardless of what business you are in.

In this way you communicate not only your ability to handle their business very well, but also that you can be trusted. That will make your prospects to feel more comfortable working or recommending work to you, plus you attract, eventually quality clients and partners who compliment your image.

Some people are of the notion that as long as you have an excellent product then you can win. It is unfortunately not the case today. Your excellent product must also be accompanied by a sparkling image. This is a sure way to convince a client to buy from you or employ your service.

The business world today is a jungle out there so you need every opportunity to make your service or product the only solution to your clients and prospects. The frequent use of business and social etiquette in this case can assure your attraction of the success you desire. Good etiquette plays an integral role in every business encounter, just make it second nature and you are a winner!

When you are summoned or are picked up for police interrogation you may not know what your rights are and how to deal with the situations. In case you are sensing trouble over family matters, neighborhood or any other type you would be best advised to seek help in advance from the seasoned Miami criminal lawyers.

Knowing what to say and do, puts us in control, and with a trained professional to support us adds to our mental strength. Both of these attributes are important when you are faced with a criminal indictment. Miami criminal lawyers have been there and seen these situations many times and probably would have rescued many. Sometimes there are situations that you thought were absolutely helpless, when all the odds are all stacked against you. At such times getting the best Miami criminal lawyers not only helps understand the situation but also the different approaches that can be looked at.

Getting help is important and getting it in right time is of utmost importance. Sometimes timely help translates into you not even having to face the grueling interrogation. Thus, Miami criminal lawyers who understand the machinery of interrogation and conviction safeguard your interests even in seemingly impossible situations. The next most important aspect that comes to mind is which type of lawyer does one hire and the traits to look at while hiring Miami criminal lawyers. Would any lawyer do or one needs specialist, are there any specialists for criminal proceedings. The answers can be very simple and easy to remember.

The breed of lawyers that one should be looking at while defending criminal charges are the Miami criminal lawyers, not just attorneys who handle all matters, not any lawyer would be good enough. The attributes that one must also look for are the years of practice in actual criminal cases, how many criminal cases which have been ruled his favor. Some Miami criminal lawyers who would promise you glory at the first meeting shouldn’t be the one you trust, it is incredibly difficult to predict the outcome without knowing the case in detail. Miami criminal lawyer who gives you a patient ear, summaries the situation on how it stands and shares with you all the possible outcomes of the case, might be the one that you should be looking at.

In case you are called up for questioning, remember to call up your known criminal lawyer, every citizen has the right to be represented and if one cannot afford it, the government will provide for it. Once you have zeroed in a lawyer, personally meet the lawyer to understand how effective he would be. Aggressive and dedicated Miami criminal lawyers, who are willing to explore all possible means and safeguard your interests above all, should be the one you should be looking at. Do not forget to do a reference check, in case you find time to do that. Finally, when in need, seek professional help quickly from the experienced Miami criminal lawyers, before it’s too late.

Miami residents can always depend on experienced Miami criminal lawyers to defend them in criminal cases. Hiring the services of competent and experienced Criminal Lawyers is important to winning cases and proving innocence – Call or contact us now for assistance and consultation – http://www.crimlawfirm.com/