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TransAsia Co-Hosts the 2014 China Labor Law Forum with Littler Mendelson

30 May 2014

On May 28–29, TransAsia Lawyers co-hosted the 2014 China Labor Law Forum (Forum) in Beijing together with Littler Mendelson (the world’s largest employment law firm). The Forum was sponsored by Ernst & Young and Haoji Human Resources Services. This authoritative, invitation-only event marked the 20-year anniversary of both the PRC Labor Law and the founding of TransAsia’s employment law practice.

Over 40 delegates from leading multinationals attended the 2-day Forum. Speakers included senior legislators, law enforcement officials, members of the judiciary, leading academics, leading in-house counsels and HR directors, as well as senior partners from TransAsia and Littler Mendelson, such as:

  • Zhang Shicheng, Deputy Director, Administrative Law Office of the Legislative Affairs Commission of the National People’s Congress
  • Cheng Yi, Judge, 1st Civil Court of the Beijing Chaoyang District People’s Court
  • Zhang Liang, Director, Strategic Cooperation Department of Haoji Human Resources Services
  • Guo Jun, Director-General, Legal Affairs Department of the All-China Federation of Trade Unions
  • Qiao Peihua, Presiding Judge, 3rd Civil Court (Labor Dispute Court) of the Shanghai 2nd Intermediate People’s Court
  • Rui Lixin, Deputy Director-General, Legal Affairs Department of the Ministry of Human Resources & Social Security
  • Isabelle Wan, Senior Partner, TransAsia Lawyers; Director, China Labor Law Studies Association; Director, China Social Security Law Research Association
  • Peter Susser, Shareholder and Global Practice Leader, Littler Mendelson

The objectives of the Forum were to promote the better understanding of labor relations and to provide a platform for the open and direct discussion of employment law issues. The Forum addressed significant employment law issues and trends faced by employers and employees in China, including:

  • New Labor Dispatching Regulations, the Challenges They Pose, and their Impact on Hiring Entitiessues
  • Labor Dispute Litigation and Non-Compete Obligations
  • Practical Issues with Wages, Bonuses and Working Hours
  • Topical Issues Concerning Trade Unions, Collective Labor Actions, Crisis Management and Prevention
  • Adjudicating Labor Dispute Cases in Shanghai, including those involving Foreign Parties and Foreign-invested Enterprises
  • Employers’ Burden of Proof as Defendants
  • Expatriate Employment Relationships, Social Insurance, Employment and Residency Issues
  • The Foreign Corrupt Practices Act and Anti-Corruption Issues Concerning Multinationals in China
  • Labor Issues in Business Restructuring
  • Personnel Transfer Matters, and Employment Due Diligence in M&A Transactions

Based on feedback received from the delegates, the Forum was a great success and generated a large volume of interesting dialogue. The delegates particularly appreciated the speakers’ transparent and frank sharing of their experiences, which provided invaluable guidance for navigating the most challenging areas of PRC employment law. Delegates were reminded especially that no detail is too trivial in labor relations: it is critical to consider the minutiae of each situation before problems arise in order to prevent a labor dispute from snowballing into a collective action. In addition to being detail-oriented, having an in-depth understanding of local practices and communicating closely with labor bureau officials and local trade unions is vital for safeguarding the rights and interests of corporate employers embroiled in a dispute. Responding to labor disputes promptly and appropriately can save time, effort and legal expenses and, in turn, can help maximize operational efficiency.