Human resource management is crucial to the business operations and management of a company. C&F has a strong team to assist clients in dealing with labor and employment related legal issues. Based on their expertise and experience in this area, several partners of the Firm have been elected as arbitrators in the Beijing Municipal Labor Dispute Arbitration Commission and serve as members of the Labor and Social Security Protection Committee of the Beijing Lawyers Association.
C&F's principal legal services in the area of labor and employment law include:
Representing clients in mediation, arbitration and litigation proceedings related to labor and employment disputes.
Providing clients with comprehensive legal services during the entire employment cycle, including but not limited to signing service contracts with head hunters, preparation and signing of labor or employment contracts, determination of probation period, preparation of confidentiality and non-competition agreement, determination of wages and positions, employee incentive plans, labor protection measures, determination of holidays and vacation, benefit plans for disabled and pregnant employees, termination of labor contracts or employment agreements.
Preparing or reviewing various legal documents related to human resource management, labor and employment, including labor contracts/employment agreements, training agreements, non-competition agreement, confidentiality agreement, employee incentive plans or option agreements, termination agreements and severance agreements.
Preparing or reviewing various internal regulations and procedures, including employee manuals, salary schedules and system, work attendance system, vacation system, award and punishment system and confidentiality system. In the event of corporate reorganizations or merger, assisting clients in designing employee placement or transfer plan or labor reduction plan, participating in related negotiations with employees and preparing related documents..
Providing legal consultations to clients in the event of any senior officers or key employees suspected of any crime or charged with any crime.
Conducting labor compliance due diligence review on behalf of clients or providing legal assistance to the clients on related legal issues.
Provide training to clients in relation to labor law, compliance/anti-corruption and confidentiality.
The following are some examples of the Firm's legal services:
Representing a multi-national company in a labor dispute with 155 employees dismissed under a reorganization plan. The case went through labor arbitration at the Beijing Municipal Labor Disputes Arbitration Commission, trial at a district court and an appeal proceeding before the Beijing Second Intermediate Court. C&F won the case for the client.
Representing a large company in its dispute with more than 200 employees on issues relating to over-time compensation. The case also went through labor arbitration at the Beijing Municipal Labor Disputes Arbitration Commission, trial at a district court and an appeal proceeding before the Beijing Second Intermediate Court. C&F won the case for the client.
Representing a listed company in its labor dispute with a few former employees relating to the company’s employee share option plan. The case was heard by the Supreme Court of the nation. C&F won the case for the client.
Representing a large automobile manufacturer in a labor dispute with several employees of the company over the issues relating to economic compensation for bonuses and annual leave. C&F won the case for the client.
Representing employees of a company in a dispute with their employer over economic compensation caused by a former senior executive officer’s termination and shareholding in another company that competes with the business of the company.
Advising a large state-owned company on issues relating to employee settlement after an equity transfer.