Webinar Content

Due to the current decline in demand and rising costs for businesses, particularly manufacturing companies might face an increase in labor disputes in the future. The termination of a labor contract in China is a complicated procedure that requires to follow strict procedures and, under some conditions, explicit approval from the government. When restructuring a company, employers must take caution of numerous regulations and the rights of their employees and workers.

随着预期较低的年增长率和日益竞争激烈的国内市场环境,在未来几年里,国内的企业将不可避免地面临终止雇佣合同、解雇员工等情况。尤其是对那些面临需求下降、成本上升的制造企业来说,这将成为影响巨大的因素。但是,在国内,终止劳动合同过程复杂,需要严格遵守程序,有时还需要政府许可。重组公司时,雇主必须注意各类条款以及雇员工人的各项权利。


With the successive implementation of new labor law regulations, most enterprises have already adjusted their traditional labor concept, but most of the possible labor disputes in areas such as labor dispatch, occupational injury, labor contract, social insurance, overtime pay etc. many companies are still struggling with.

随着新劳动法规的成功实施,许多企业已经调整了他们的传统用工理念,但是企业面对的大多数劳动纠纷依然发生在劳务派遣、工伤、社会保险、加班费等领域。


In this webinar, Mrs. ZHANG Zheng | Partner (China) and Mrs. QIN Anqi | Senior Associate from Luther Law Offices Shanghai will share their expertise and case experience on legal regulations and procedures as well as the most common mistakes in labor disputes with employees in China.

在这个背景下,我们有幸邀请到了上海陆德劭和律师事务所的资深律师秦安琪女士和合伙张诤女士来分享他们在国内劳动争议方面的专业知识、宝贵经验和相关案例。


Webinar Outline 课程大纲:


1. Overview and Resolution Patterns of Labor Disputes in China 中国劳动争议概述以及主要解决方式。


2. Common Disputable Points in Labor Disputes 劳动争议中常见的争议焦点

  • Remuneration 劳动报酬
  • Termination and Expiration of Employment Relationship 劳动关系的解除和终止
  • Nonpayment or Underpayment of Social Insurance and Housing Fund Contributions 社会保险以及住房公积金的不缴或少缴


3. Evidence Requirements in Labor Disputes - Analysis on a Case Study Basis 劳动争议的举证要求 - 从案例分析出发

  • Application of Business Suspension 停工停产的适用
  • Company Relocation 企业搬迁
  • Unilateral Termination by the Employer 企业单方解除劳动关系
  • Misconduct of the Employees 员工违纪
  • Significant Change of Objective Circumstances 客观情况发生重大变化
  • Incompetence of the Employees 员工不胜任


4. Tendency of Labor Disputes Solutions in China 劳动争议解决的发展趋势


Agenda日程:


13:45 - 14:00 Log-in and webinar set-up 登录和测试

14:00 - 14:45 Presentation Part I (By Ms. Zhang Zheng) 第一部分内容分享

14:45 - 16:00 Presentation Part II (By Ms. Qin Anqi ) 第二部分内容分享

16:00 - 16:30 Q&A 问答环节


Language: Chinese/中文


Fee: GCC Member 德国商会会员: 100 RMB | Non-Member非会员: 200 RMB



Please note 请注意:

  • Please register before June 3, 12pm! 请在6月3日12pm前注册!
  • Please only register if you´re certain to attend the webinar, otherwise you might block the seat for another person. 请只在您确定要参加在线课程的情况下注册,否则您可能会占用其他人的名额。
  • Registration and payment upfront is mandatory. Please register first and you will receive an Email including payment instructions within two days.请您务必注册并提前付款。注册后您将在两天内收到含有付款方式的邮件。
  • Paid participants will receive a confirmation mail including login link (zoom) and access information for the webinar after 3 PM, June 3.已付款的参会者将在6月3日下午3点后收到在线课程的登录链接(zoom)和访问信息。
  • Electronic Fapiao will be sent to your email within one week after the event. 电子发票将在活动结束后一周内发送至您邮箱。

Speakers

  • Ms. Zheng Zhang (Partner (China) at Luther Law Offices Shanghai)

    Ms. Zheng Zhang

    Partner (China) at Luther Law Offices Shanghai

    ZHANG Zheng has been practicing as a professional lawyer since 2011. She focuses on foreign investment, M&A, compliance and internal investigation and dispute resolution. Ms. Zhang participated in numerous M&A transactions of famous European / international enterprises in China, led the legal due diligence and contract drafting portions of the M&A projects; provided compliance related services to various clients in the food and medical industries, including compliance training, compliance checking and internal investigation; she participated and took on a leading role in many domestic and international arbitration and litigation cases covering Sino-foreign JV disputes, R&D disputes in the automotive industry, international sales contracts, product liability disputes and disputes in construction projects, etc. In addition, she also represented German enterprises in China in the labor arbitration procedures, and provided legal advice on employee settlement plans in their relocation, reorganization and liquidation processes.
    张诤律师自2011年执业以来,专注于外商投资、并购、合规和内审、争议解决等法律服务领域。曾参与多家知名欧洲/国际企业在中国的并购交易,主导了并购项目的法律尽调及并购合同的起草工作;为多家食品、医疗行业客户提供合规服务,包括合规培训、合规调查和内审等;曾参与并主办了诸多国内和涉外仲裁、诉讼案件,案件类型涉及中外合资纠纷、汽车行业研发项目纠纷、国际货物买卖合同纠纷、产品质量纠纷、建设工程纠纷等诸多领域。此外也曾代表德国在华企业参与其与雇员的劳动争议仲裁,为企业搬迁、重组、清算提供员工安置相关的法律咨询。

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  • Ms. Anqi Qin (Senior Associate at Luther Law Offices Shanghai)

    Ms. Anqi Qin

    Senior Associate at Luther Law Offices Shanghai

    Qin Anqi has more than 7 years of practical experience in the field of labor law. She provides labor legal advice to enterprises supporting their daily operation, including but not limited to negotiation on collective contracts, drafting legal documents such as employee handbooks and labor contracts, and helping enterprises establish special working hours systems, etc. Furthermore, Ms. Qin is an experienced professional lawyer in handling labor disputes, such as termination of labor relations, collective bargaining, representing clients in labor arbitration & litigation procedures, etc. She has participated in collective negotiations and mass termination of employees on behalf of manufacturing enterprises; participated in and led several investigations for multinational companies on employees’ violation of non-competition or anti-bribery obligations, and successfully reclaimed embezzled money from said employees; she has represented clients in settling the collective labor disputes properly during its business suspension period; she has also supported clients in designing and implementing employee arrangement plans in their relocation processes.
    秦安琪在劳动法相关咨询领域拥有7年以上的工作经验。她为企业提供日常的劳动法律咨询,比如参与集体合同谈判、起草《员工手册》、《劳动合同》等法律文书、帮助企业建立特殊工时制度等。她也专注于处理劳动争议问题,如解除员工劳动关系、集体谈判、劳动仲裁、诉讼等方面。曾代表生产制造型企业参与员工的集体谈判以及大规模裁员;参与并主导多家跨国公司员工违反竞业禁止义务、贿赂调查并成功向员工索赔;代表公司处理停工停产期间的员工群体性诉讼并达成和解;参与企业搬迁过程中的员工安置方案制定以及实施等。

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