Course code: ELA - call 0845 071 2801
Overview
Course duration: 2 days.
This course is delivered in partnership with JSB.
An in-depth overview of Chinese employment law, including the new Labour Contract Law.
This seminar, facilitated by top pan-Asian law firm Orrick, Herrington & Sutcliffe, will clarify the legislative framework and new legal developments in China. It will also address the practical aspects of managing a cross-cultural workforce, and provide you with an accurate understanding of critical Chinese employment issues to consider when setting up and maintaining operations in China.
Is it right for me?
Designed for HR directors and managers, employee relations professionals, employment law advisers, and line managers who expect to have responsibility for staff in China.
What will I learn?
- Explain the impact of local laws on employment practices, facilitated by practical application to workplace scenarios
- Better manage operations in China – especially in the context of the new Labour Contract Law
- Advise colleagues on vital aspects of employment law issues in China
- Adapt your communication style and approach to accommodate Chinese business culture
What will it cover?
An overview of the employment law framework in China
- Business operations in China: setting the scene
- Introduction to Chinese employment law
New Labour Contract Law: an introduction
- What are the new requirements for employers?
- What potential workplace issues can this new law give rise to?
Hiring employees in China: employment contracts and service contracts
- Offering employment: recruiting within local law
- Drafting terms of employment contracts
- Terms and conditions: duration, probationary periods, salary, sick pay and holidays, notice, termination, confidentiality
- Supplementing service company employment contracts
Employment of expatriates and foreigners: structuring employment contracts
- Typical employment arrangements
- Work and residency permits
- Global tax efficient structures and individual tax planning
- Rules for employees from Hong Kong, Macau and Taiwan
Immigration and practical considerations
- Movement of employees in and out of China
- Chinese immigration rules and regulations
- Key issues you need to be aware of
Key challenges when transferring or sourcing businesses, including mergers and acquisitions
- Structuring the arrangements correctly
- Managing employer/employee issues
- Apportioning risk between the parties
- Corruption/bribery
- Privacy laws and data protection
Intellectual Property Protection
- Applicable regulations
- Rights of employee inventors
- Designing and implementing an effective intellectual property protection strategy
Dispute resolution: grievances, disciplinary issues and dismissals
- Termination of employment
- Grounds for dismissal
- Disciplinary procedures
- Redundancies and reorganisations
- Unions
- Consultation procedures
Operating for success in a Chinese business environment – case studies
- Day-to-day management: practical issues to consider
- Interacting with Chinese employees on shore or off-site
- Cultural differences in business practice
- Strategies for success