downloadLabor, Employment

No.

Business

Introduction

1

Labor and employment related legal consultation

Accepting clients' consultation on recruitment, employment method, labor contract management, performance management, management of working hours and leaves, wage and welfare management, regulations and labor discipline, training and confidentiality management, trade unions, collective labor agreement, democratic management, overall disposal of labor relations, handling of mass events, arbitration and litigation over labor disputes, and other related labor and employment businesses, and provide legal advices and practical advices during operation.

2

Labor and employment related legal documents business

Drafting, reviewing and revising various labor and employment legal documents according to the client's engagements and requirements

• Related to recruitment: recruitment advertisements, offer letter, job descriptions, employment conditions description, etc.;
• Related to employment management: labor contracts, part-time employment agreements, labor dispatch agreements, employee secondment agreements, internship agreements, retirement rehiring agreements, labor outsourcing agreements, etc.;
• Related to rules and regulations and labor discipline: employment rules, employee handbooks, wage and welfare regulations, vacation regulations, attendance regulations, travel regulations, overtime regulations, training regulations, confidentiality regulations, performance evaluation regulations, rewards and punishments;
• Related to labor contract management: labor contract amendment agreement, labor relation succession agreement, labor contract termination notice, labor contract expiration notice, termination agreement of labor contract after negotiation, expiration agreement of labor contract, etc.;
• Related to management during employment: position adjustment notice, salary change notice, notice of performance evaluation result, overtime work application form, vacation application form, agreement on training and service period, agreement on confidentiality and non-competition, disciplinary notice;
• Related to labor relations: collective contracts, collective bargaining documents, relevant documents negotiated with trade unions, relevant documents for the establishment of employee representative assemblies, etc.;
• Legal documents related to overall disposal of labor relations, mass event disposal, labor dispute arbitration and litigation business, etc.

3

Overall disposal of labor relations

Handling overall disposal of labor relations according to customer's engagements and requirements：

• HR compliance: confirming and reviewing the compliance of the entire HR system and process of the customer, and proposing standardized recommendations and operations; confirming and investigating the compliance of employee’s behavior, and dispose correspondingly according to law
• Employee layoff: if the customer needs to lay off employees due to changes in business conditions, Leezhao will comprehensively adopt legitimate methods to cut the employee, such as by negotiation, unilaterally termination, and economic layoffs, etc.
• Staff replacement during liquidation: If the customer needs to be liquidated due to early dissolution, or not extending the business period upon expiration, Leezhao will comprehensively adopt legitimate methods to replace the employee, such as by negotiation, by rescinding the labor contract, according to the customer's background and requirements;
• Labor relation disposal during M&A: During M&A, Leezhao will achieve a smooth transfer of employees by adopting labor relation succession, continuing performance of labor relation, or resigning new labor contracts after first terminating previous labor contracts, according to the customer's background and requirements.

4

Mass events disposal

In the context of the tension relationship between the employer and employee, when clients deal with employee lay off, liquidation and replacement, M&A, and regulation amendments, where benefits of many employees are involved, mass events (conflicts between considerable employees and clients) may be triggered. Leezhao will actively deal with, respond to and solve mass events and achieve the ultimate goal of clients according to their background and requirements:

• Prevention of mass events
• Drafting a mass event response plan
• On-site response to mass events, etc.

5

Arbitration and litigation over labor disputes

According to the client's entrustment and requirements, carefully study the specific case, and act on behalf of clients to handle labor dispute mediation, arbitration and litigation.

Business

Some typical cases

Overall disposal of labor relations

• A reputed Japanese company engaged Leezhao to conduct a compliance investigation regarding the serious compliance problems of some employees in one department. And according to the investigation conclusions, Leezhao took corresponding measures, such as dismissal, advising to resign, etc.
• A reputed Japanese company had outsourced a production line to other companies, and therefore has to cut the employees thereof (about 100 employees). Engaged by the client, and considering its background, Leezhao tailored a plan of “Prioritizing the negotiation regarding the termination of labor contracts, and followed by the ‘layoff due to economic factors’ if such negotiation fails, so as to avoid subsequent disputes”, and prepared all the documents required for the negotiation, the declaration documents for “lay off due to economic factors”, etc., and legally cut the employees. After tough negotiations, the employees finally signed the agreement on terminating the labor contract by negotiation. After the Leezhao’s communication with the human resources and social security authorities, the client finally obtained the record of “lay off due to economic factors”.
• A clothing company decided to close down due to the expiration of the business period. In order to legally conduct the liquidation, the company had to terminate the labor contract with the employees (about 400 employees). Engaged by the client, based its background and in order to reduce the compensation cost, Leezhao formulated a proper resettlement solution:
• Because some labor contracts (about 100 employees) had expired before the liquidation, such labor relations with these employees were terminated based on the expiration of labor contract.
• For other employees whose labor contract had not expired (about 300 employees), Leezhao formulated a plan that “in order to avoid subsequent disputes, employees whose contracts have not expired will be given priority to negotiate the termination of the labor contracts; if the negotiation fails, the clothing company will terminate the labor contracts based on the liquidation.”

After hard negotiations, the employees and the clothing company signed agreements on terminating the labor contract. During the negotiations, there were emergencies such as strikes, employee blockages, and work obstruction, and the lawyers properly resolve the crisis by actively taking countermeasures on site and communicating with relevant authorities.

• Due to equity transfer, many companies have engaged Leezhao to handle the continuous performance of labor contracts of 400 to thousands of employees. After accepting the clients’ engagement, Leezhao demonstrated to the clients that the change of shareholders would not affect the continuous performance of labor contracts, responded to claims for economic compensation from some employees, and communicated to employees that even if the company's shareholders had changed, the labor contract would continue without the company paying economic compensation. After all the efforts, the clients achieved smooth transfer
• Due to mergers/divisions, many companies engaged the Leezhao to handle the transfer of labor relations of 20 to hundreds of employees. After accepting the clients’ engagement, based on the background and requirements, Leezhao chose the solution of either labor relationship successor, or signing new labor contracts after terminating the labor contract, and signed labor relation transfer agreements with the employees, and helped the clients achieve a smooth transition.

Mass events disposal

• Due to the revision of regulations of a company, mass event of more than 1,500 people were triggered, which includes strikes and besieging the management, etc. After the client’s engagement, lawyers promptly jointed into the handling of this mass event, and learned whole background, analyzed the composition of employees, the mood changes, etc., formulated a solution, and recommended to establish an emergency response team, and urgently contacted and communicated with the labor authority, public security authority, etc., and finally appeased the incident properly.
• A company punished some employees due to their violation of the company’s disciplinary rules. These employees incited other employees, and around 500 people launched a mass event to impose pressure on the company. The behavior of employees mainly includes strikes, blocking the gate, hindering the vehicle from transporting the product, etc. Upon being engaged by the client, the lawyer promptly joined in the handling of the mass event and properly appeased the incident.
• Many companies have been confronted with mass events of 40 to hundreds of people, which are caused by layoffs, liquidation and resettlement, relocation, etc. The behavior of employees mainly includes strikes, blocking gates, hindering vehicle from transporting the products, and destroying the property. Several employees even had physical conflicts with the company's management. Upon being engaged by the client, the lawyers promptly joined in the handling of these mass events, properly appeased the incident, and punished employees (including dismissal) who seriously violated the disciplinary rules, and legally handed the employees who violated the criminal law to the public security authority.

Arbitration and litigation over labor disputes

• handling considerable labor dispute cases as engaged by many clients, which mainly includes the following types of cases:
  • Employees claimed for severance pay, compensation or restoration of labor relations due to the termination and expiration of labor contract;
  • Employees claimed for double wages for not signing labor contracts;
  • Employees claimed for overtime pay;
  • Employees claimed for the remaining annual leave pay;
  • Employees claimed for wages, bonuses, and other benefits;
  • The company claimed for liquidated damages from employees for violating the service period;
  • The company claimed for the liabilities of employees for violating their non-competition obligations;
  • The company claim for the liabilities of the employee’s false reimbursement expenses;
  • Cases related to labor dispatch;
  • Other labor dispute cases.

Labor and employment related legal documents business

• Engaged by many clients, drafting, reviewing and revising considerable labor and employment related legal documents based on the latest labor and employment laws and labor practices.