Labor and Employment.
Edited Time: October 21, 2021Edited by: adminCategory: Our Services
In addition to legal services and advice on daily labor and employment matters, we also help our clients in downsizings / layoffs and in labor arbitration and court proceedings.
Downsizing / layoff solutions
Our expertise and considerable experience allow us to quickly understand the development status quo of our clients and their industries, identify their needs and possible risks, and formulate downsizing plans which not only cater to their immediate needs but also benefit their long-term growth.
Our team with wide experience in practicing China’s labor and employment laws offer the following legal services among others:
- Assessing the feasibility of a downsizing;
- Advising on corresponding compensation schemes;
- Drafting downsizing plans, agreements on employment termination, non-competition, confidentiality and others;
- Advising on negotiation with employees on compensation, or on behalf of employers, negotiating with employees on the same;
- Advising on communication with local authorities on a downsizing or, on behalf of employers, maintaining closed communication with local authorities on the same; and
- Handling arbitration and litigation thus incurred.
A downsizing / layoff is very complicated and sensitive in China. It is highly advisable to involve a local team of lawyers before an employer starts a downsizing / layoff. Our team, with considerable experience in the downsizing / layoff of foreign-invested enterprises in Guangdong, can help you with yours in Guangzhou and other cities in Guangdong.
Arbitration and Litigation on Labor Disputes
Pursuant to China’s labor and employment laws, labor arbitration is a prerequisite for entering labor court proceedings, which is different from the provisions in other countries.
The procedures for handling labor disputes are as follows:
- Determining whether a dispute can be arbitrated;
- Mediation (optional procedure);
- Labor arbitration (compulsory procedure);
- Labor litigation (if an employee refuses to accept a labor arbitration result or a court revokes the same);
- Judgement enforcement.
We have to say, in China, in the event of a labor dispute, the burden of proof always lies with an employer. Therefore, it is very important for an employer to keep up to date with China’s labor regulations and take proper precautions to prevent disputes from occurring, and in case of a labor dispute, work closely with a lawyer to collect, organize evidences and defend itself.