The laws and regulations governing employment can be complex, confusing and contradictory, be they in Hong Kong, the provinces of the PRC or her own national legislation. The 2008 PRC Labour Law is considered a challenge by many employers. Hong Kong’s employment law is often deceptively simple. Many employment contracts now traverse both jurisdictions. There can be no two sets of employment legislations more further apart, both in its roots and perspective, than that of the mainland PRC and Hong Kong. The common law origins of Hong Kong, drives squarely into the “cradle to grave employee based” codified statutory law regime of the PRC.
At Vivien Chan & Co., we understand business success requires legally sound, strategically savvy labour policies and practices. Your policies need to constantly evolve with the plethora of local rules, regulations and practices of different provinces and locales in the PRC. Most of all, we recognize you want to hire good people, keep them motivated and reward them properly.
Our employment lawyers have been identified as Asia’s leading business lawyers in the areas of Labour & Employment in consecutive AsiaLaw Leading Lawyer Surveys since 2006.
How we can help
Workplace Issues and Policies
Advise develop and enforce polices and investigations on:-
- Sexual harassment
- Discrimination
- Substance abuse
- Privacy
- Social insurance
- Social security
Labour Relations
- Collective bargaining
- Union rights
- Crisis management
- Industrial disputes
- Approval of alternate working systems and contractual changes (wage and hours issues, changed working conditions)
- Workforce reorganization
Business Immigration and Executive Transfer
- Expatriate assignments and cross border issues on immigration and tax benefits planning
- Work and dependant visas
Termination and layoffs
- Separation agreements
- Regulatory notice requirements
- Negotiation with labour unions
Employment related litigation
Defend or prosecute claims on:-
- Wrongful discharge
- Discrimination
- Harassment
- Whistleblower actionsv
- Breach of contract
- Enforcement of restrictive covenants
- Settlement agreements
Protection of employers proprietary interests including
- Intellectual property rights
- Confidential information, trade secrets, restrictive covenants, staff policies and practices
Customized in-house training programmes and manuals
- Develop tailored regular in-house programs for our corporate clients, their managers and employees in all aspects of employment law and practices
Employee benefits and executive compensation
Advise and design all types of employee benefits and executive compensation programmes to include: Stock options
- Retirement plans
- Incentive plans
- Tax saving plans
- Equity based compensation plans
Fidelity
Investigations on:
- Employee and executive fraud
- Diversion of business
- Corporate theft
- Misappropriation of intellectual property rights and trade secrets
- Corruption and tax fraud
- White collar crime
Representative experience
Advise food and confectionary manufacturer with operations in PRC on prosperity plan for management staff upon retirement, covering issues of stock options, profit sharing, home country benefits, income calculation arising from different modes of termination, re-location and service period, and structure tax sheltering mechanism in respect of individual income and inheritance tax
Structure employment contracts for local and expatriate staff for listed and privately owned companies, employment manuals, grievance/disciplinary and secondment handbooks, code of ethics and corporate compliance programmes with a view to minimize exposure to claims for unfair/wrongful dismissal and liability of the management to unit crimes, and advised on means to overcome regulatory hurdles in the event of disputes
Work with general counsel and business units of various multi-nationals in devising training manuals for staff in PRC on contract making, corporate governance rules and work ethics
Resolve employment issues pertaining to fraud, fidelity, restrictive covenants for PRC business