Contents:

Business Sectors:

Employee representation in labor disputes

Employer representation in labor disputes

Termination process design

Work-related injury and occupational disease reporting

Labor arbitration risks

Labor dispute mediation

Legal services for special labor and labor dispatch

Introduction:

The lawyer team has abundant experience in negotiation, arbitration and litigation of labor disputes and HR legal risk management, and is expert at preventing and managing legal risks of enterprises and handling legal disputes in the field of company law and intellectual property rights, and able to effectively protect the legitimate rights and interests of its clients.

Details:

Department Introduction:

The leader of the Labor and Personnel Department, Lawyer Mr. Zhao Xionglin, has long been engaged in labor arbitration practice and leadership, and has handled tens of thousands of cases. Mr. Zhao is a member of Shanghai Law Society, a director of the Labor Law Committee of Shanghai Labor Society, and the author of “Labor Relations Coordinator Training Material - Labor Dispute Handling” and “Labor and Personnel Dispute Handling Guidebook”. He has been appointed as a senior lecturer of the Municipal Federation of Trade Unions, the Municipal Enterprise Federation, the Municipal Federation of Industry and Commerce, the Municipal Society of Labor Security, the Municipal Academy of Social Sciences, the Municipal Lawyers College, the Municipal Cadre Training Center, the Labor Dispute Network and the Human Resources Frontier Network for a long time, and has participated in the research guidance and rule-making of numerous difficult and complex cases of the State and Shanghai.

Under the leadership of Mr. Zhao, the professional lawyer team of the Labor and Personnel Department has developed characteristic labor law services by connecting profound theoretical knowledge and abundant practice. In providing legal services, the team is focused on the combination of theory, law and arbitration and litigation practice, the integration of the client’s corporate culture and law, and more on the fusion of labor law with social security law, intellectual property law and corporate law.

The “combination”, “integration” and “fusion” is the only way to make each legal service an effective legal protection solution tailored for each client; to truly provide feasible and sufficient legal protection for the development of enterprises and the stability of their workforce; to give effective and correct advice to protect the rights and interests of laborers who are facing unilateral job transfer, change of working place or change of compensation by their employers or any other breach of contract or criminal offence; to accurately evaluate cases in labor arbitration and litigation, and quickly determine litigation and arbitration plans, so as to guide clients to cooperate with lawyers promptly and efficiently in collecting and sorting out preponderant evidence and making defense and debate strategies, and protect the best interests of clients.

Business Sectors:

Coordination and negotiation of the establishment, performance, dissolution and termination of labor and personnel relations of enterprises and institutions;

Response and representation in mediation, arbitration and litigation of labor disputes between enterprises and employees;

Drafting, formulation, review and revision of labor contracts, employee handbooks, by-laws and rules, confidentiality and non-compete agreements, compensation systems and other human resource management documents of enterprises and institutions;

Design, review and finalization of employment, compensation, layoff, relocation, restructuring, merger and acquisition, collective bargaining, labor dispatch, business outsourcing and other special plans of enterprises and institutions;

Legal advice for enterprises on compliance issues, including declaration and payment of social insurance contributions, and transfer of social insurance relations.

Legal advice and assistance on specific unilateral changes to labor contracts (change of position, working place and compensation), labor protection, work-related injuries and occupational diseases, work visas for foreign employees, and other employment procedures; legal advice on social insurance, commercial insurance, and all kinds of benefit plans and employee equity incentive plans.

Typical Cases:

Non-compete contract dispute of a technical manager of a famous cosmetic company in China after his employment termination;

Non-compete contract disputes of employees in the domestic express courier service industry;

Labor contract termination dispute of an employee of a Hong Kong enterprise;

Labor dispute between a German-owned electronic equipment company and its twelve employees arising from relocation and wages;

Labor dispute between a large food company and several members of its sales team over collective termination of their contracts due to their failure to meet the target of performance;

Dispute between a currency brokerage company and a bank in Guangzhou over a 700 million USD intermediary contract;

Creation contract dispute between a Beijing advertising company and a Beijing equipment company (submitted to China International Economic and Trade Arbitration Commission);Employee equity change case of Shanghai Aircraft Hydraulic Parts Co., Ltd.;

Drafting and review of labor contracts and confidentiality agreements of a Japanese company;

Legal services for the investigation of and protection against game copyright infringement of a well-known Japanese animation game company;

Preparation of “Survey Report on Response to Trademark Counterfeiting Infringement”, “Survey and Analysis Report on Local IPR Regulations in China”, and “Report on Joint Research and Development on IPR and Technology” commissioned by a foreign trade representative office in Shanghai;

Compensation dispute over an employee’s breach of a training and service period agreement;

An enterprise provided professional skill training for an employee and signed a service period agreement, and the employee resigned early in violation of the service period agreement; in this case, we helped the enterprise recover the liquidated damages for the breach of the service period agreement from the employee;

Compensation dispute over an employee’s breach of a confidentiality agreement;

A designer of a globally renowned design company used the company’s resources to privately take away the company’s clients during his service for the company and provided design services for such clients in the name of a company he has personally established; in this case, we successfully obtained damages for the company from the employee using relevant provisions of the company’s confidentiality agreement.