Tell the employee who you represent, that the company is the client, and that they may still have labour rights — a fake Miranda/Upjohn hybrid helps no one.
Interviews in a China investigation should be planned: language, two-person rule, notes, and no promise that ‘this is privileged so you are safe’. PRC lawyer-client privilege is not US attorney-client privilege. Labour law still constrains coercion, detention in a meeting room, and forced WeChat unlocks. Criminal exposure means you may need separate counsel for the individual. This page is the interview. WeChat/email review is data, not a substitute for asking.
4 questions before you choose the route.
This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.
Who is in the room?
Counsel, HR, translator.
RoomWhat warning is honest?
Company client; limited privilege.
WarningCriminal overlay?
Stop and get the person counsel.
CrimeNotes vs recording?
Labour and evidence overlay.
RecordWorking rule: Map the regulated role before marketing or launch in China.
The signal ledger.
These facts move the question beyond a label and into a product, money-flow and control analysis.
Bring a compact evidence docket—not a pitch deck.
Give a compliance team or counsel the operating facts that reveal the perimeter.
Questions people ask before they build.
Short answers for orientation. The right result can change with the service model and current rules.
Must they attend?
Employees generally must cooperate with lawful work instructions; they need not incriminate themselves in a criminal sense. Facts are counsel-grade.
Can we record secretly?
Evidence and labour risk. Prefer announced recording or two-note-takers.
Primary authorities
Reviewed sources support orientation, not a fact-specific assessment.