Labor and Employment
Our Labor and Employment Law Team is 100% focused on China labor and employment law practice. While persistently pursuing excellence and innovation, we are dedicated to providing renowned multinational and domestic companies with full-scale, practical and tailor-made solutions for labor and employment issues. We have ample experience to provide legal support throughout China to help clients achieve their business goals.
Our team is one of the few large standalone labor and employment practices in China. We have nine partners and counsels and more than 20 lawyers. These lawyers are located in Beijing, Shanghai, Guangzhou and Shenzhen, and provide domestic and foreign clients with precise, practical and efficient labor law services on a daily basis. We are able to give advice and training in English and Chinese.
We specialize in assisting clients in negotiation, arbitration/litigation, dealing with complicated and emergent situations or crisis and collective bargaining with trade unions or employee representatives. Meanwhile, we play a key role in the areas of legislation.
We have received a high degree of recognition and respect within the legal community due to our long-time commitment for labor and employment law practice. We have been recognized as a Band 1 Labor & Employment Law Practice Team of China by Chambers & Partners each year since 2009.
Core Areas of Practice
Representation in all types of labor dispute resolutions in major cities throughout China (including complex cases and collective cases), including but not limited to representing clients to attend the labor dispute mediation, arbitration and litigation;
Drafting and reviewing employment contracts, training agreements, non-compete agreements, and confidentiality agreements;
Drafting and reviewing collective contracts and engaging in the collective bargaining;
Drafting and reviewing employee handbooks, and other company internal rules and policies;
Providing training on new issues and hot issues on legislative and regulatory developments and practice that may have signification impact on clients’ HR management and/or operation;
Advising on issues related to occupational injuries and illness
Assisting clients to obtain work authorization for foreign national employees;;
Advising on issues in connection with social insurance, commercial insurance and benefit plans;
Engaging in negotiations, developing plans for layoffs or employee transfers in the process of corporate mergers, reconstructions or liquidation, and drafting and reviewing the necessary transaction documents;
Advising on issues in connection with Employee Stock Ownership Plans;
Advising on issues in connection with personal information protection;
Advising on issues in connection with sexual harassment and anti-discrimination in the workplace;
Assisting in conducting internal compliance investigations and advising on how to deal with employees who violate compliance policies.
Recent Representative Cases
Assisted a U.S. hi-tech listed company in a mass employee transfer project in 2017 due to its sale of certain businesses. Over 100 employees working for the divested businesses in multiple cities across the country were transferred to the purchaser’s PRC subsidiary. Advised on PRC law and provided full-scale legal support on employee transfer and relocation.
Assisted a multinational food company in a mass layoff project in 2017 due to the shutdown of its Beijing plant. Over 200 employees were laid off. Advised on PRC law and provided full-scale legal support on employee layoff.
Assisted McDonald's in its strategic cooperation with CITIC and Carlyle in 2017. Provided legal service for its internal audit on labor and HR law compliance and advised on all labor law issues involved in the HR integration during and after the transaction.