Labor & Employment

Shimin possesses rich experience in labor law, labor contract law, and trade union law, laying emphasize on legal service with regard to arbitrations, litigations and reconciliations of labor disputes, and scheme design of labor and personnel and staffing.

Shimin has represented both foreign-invested and domestic-invested enterprises to deal with arbitrations and litigations of labor disputes, and represented employees with foreign and Chinese nationality (especially the senior management and professional technical staff) to participate in trails or reconciliations of labor disputes. Shimin is skilled at dealing with labor disputes happening in some special industries, for instance, labor disputes happening between financial institutions and their stall, including banks( including foreign-invested banks), insurance companies, security companies, loan and trust companies , and complicated cases and collective disputes.

Shimin targets at maintaining clients’ benefit to the utmost. With the premise that the measures taken by clients don’t prejudice to laws and policies, Shimin lay more emphasize on clients’ commercial reputation, image and interest in long term when it is unnecessary to rigidly adhere to one case’ gains or losses.

The clients of Shimin includes many multi-corporations from Europe, America, Japan and Korea. Shimin has accumulated rich experience by providing comprehensive legal service with regard to labor law and trade union law. For instance, shimin possesses complicated legal expertise and practice with regard to the nature of Chinese trade union, the necessity of establishing trade unions for foreign-invested enterprises and how to deal with the requirement of establishing trade unions from the superior trade unions and the staff.

Except for dealing with common labor disputes, Shimin has rich experience in dealing with emergency and collective disputes such as strike, sabotage and silent protest. Shimin possesses good work relation and communication with the related authorities, arbitration commissions, trade unions and industrial unions, which can help enterprises deal with emergency and collective disputes promptly and effectively , and can ensure the production and operation for enterprises and provide legal and effective protection for the senior management of enterprises.

The traditional type of labor disputes is usually related to termination of labor contracts, economic compensation and salaries. As the society’s development, some new types of labor disputes have appeared. Shimin has kept highly-focused on cutting edge issues with regard to labor disputes, labor law, labor contract law and trade union law, and has dealt with numerous complicated and difficult labor disputes or new types of labor disputes, including training, service period, confidentiality, non-competition, collective job-hopping of core staff, the ownership of technical achievements, concurrence of labor and ordinary civil relationship, relieve of posts of the senior management, termination of labor contract of foreign employees, and labor disputes involving labor dispatch staff and instituations.

The professional legal service provided by Shimin in this field includes:
• Legal consultation with regard to legal frame of labor and personnel and trade union management, frequent questions in daily management involving labor and trade unions;
• Staffing design and legal service related to labor dispatch, review and drafting of labor contracts and related agreements (for instance, staff training, confidentiality, and non-competition);
• Drafting and review of enterprises’ inner rules and regulations with regard to labor and personnel, salary and welfare, and labor-hour and vocations;
• Legal service with regard to the signing and termination of collective labor contracts and collective downsizing;
• Due diligence on labor and personnel involved in joint venture, M&A, restructuring, reorganization and bankruptcy, and designs of staffing plan;
• Trade unions’ establishment, operation, and coordination with the management of enterprises; legal affairs with regard to labor contracts with chairman, vice chairman and members; and
• Arbitrations and litigations of labor dispute(including collective ones) and other related disputes( for instance, disputes with regard to commercial secrets, non-competition, ownership of technical achievements).