Employment and Compensation｜Vivien Chan & Co.｜Law Firm｜Hong Kong

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Employment and Compensation

HOW WE CAN HELP REPRESENTATIVE EXPERIENCE ACCOLADES

Our award-winning employment and compensation practice offers customised solutions you need for Greater China. We work with clients to address all potential issues - from recruitment to workplace disputes and litigation, whether under the traditional office or virtual work place models.

Since the implementation of the PRC Labour Contract Law with contract-based employment, employers faced legal challenges in issues like open-ended contracts, strict termination system, overtime and severance payment. With an in-depth understanding and knowledge of the local practices in the region, we advised on complex labour law issues involving multiple jurisdictions.

We also advised on the recent PRC legislation on privacy and personal information protection for foreign businesses operating in the Mainland. We provide one-stop service for our clients covering all employment related areas such as tax, employee benefits, dispute resolution as well as social media issues. We have substantial experience in conducting pre-acquisition due diligence and post-acquisition employment restructuring. We also advised on enforcement of restrictive covenants and protection of trade secrets. We are here to advise and support you for all legal issues relating to remote work and global mobility.

HOW WE CAN HELP

WORKPLACE POLICIES

Advise and develop policies on:

Confidentiality
Data protection and transfers
Discrimination
Employees’ works and inventions
Inclusion and diversity, Gender Parity
Non-compete
Privacy in traditional and virtual workplace
Social Media
Substance abuse
Work from home and modus
Social insurance
Social security

EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION

Advise and design all types of employee benefits and executive compensation plans, including stock options, retirement plans, incentive plans, tax saving plans, equity and cash-based compensation plans
Regulatory compliance and tax advice on the introduction of the compensation plans

OCCUPATIONAL HEALTH AND SAFETY

Best practice discipline
Compliance advice
Implementation process and procedures
Employer’s liability

PROTECTION OF EMPLOYERS' PROPRIETARY INTERESTS

Ownership of Employees’ works and inventions
Confidential information, trade secrets
Restrictive covenants

EMPLOYMENT-RELATED LITIGATION

Defend or prosecute claims on
- Breach of confidentiality
- Breach of restrictive covenants
- Breach of workplace policies
- Settlement agreements
- Wrongful termination
- Whistleblower actions
Industrial disputes

WORKPLACE INVESTIGATIONS

Investigations on
- Corporate theft
- Corruption and tax fraud
- Diversion of business
- Employee and executive fraud
- Misappropriation of intellectual property rights and trade secrets
- White collar crime
Advise on breach of workplace policies

TERMINATION AND LAYOFFS

Collective bargaining
Crisis management
Constructive dismissal
Labour relations
Negotiation with labour unions
Regulatory notice requirements
Separation agreements
Union rights
Workforce reorganisation

BUSINESS RESTRUCTURING AND M&A

Employment due diligence for pre-acquisitions and business transfers
Transitioning of employees

GLOBAL MOBILITY, BUSINESS IMMIGRATION AND EXECUTIVE TRANSFER

Dual employment and tax planning advice
Expatriate assignments and cross border issues on immigration and tax benefits planning
Work and dependant visas, visa extensions

CUSTOMISED IN-HOUSE TRAINING PROGRAMMES AND MANUALS AND AUDIT

Develop tailored programmes and manuals for good practices of labour relations
Conduct regular employment audits

REPRESENTATIVE EXPERIENCE

WORKPLACE POLICIES

Counsel to MNC in structuring employment handbook and related workplace policies with a view to minimise exposure to claims for unfair/wrongful dismissal and liability of the management to unit crimes, and advise on means to overcome regulatory hurdles in the event of disputes
Represent a foreign financial institution in devising labour contracts, company handbook and various workplace policies for its mainland subsidiary
Counsel to MNC on the collection and use of biometric information of the employees of its Mainland subsidiary to comply with the requirements of personal data protection laws and devising related workplace policy
Counsel to foreign business organization on intended variation of payment policy of its China-based foreign chief representative. We advised on the cross-border legal aspects of the employment documents and the risk and compliance issues related to such variation

EMPLOYEE BENEFITS AND EMPLOYEE BENEFITS AND EXECUTIVE COMPENSATION

Counsel to leading financial services companies on the rolling out of employee equity and cash-based incentive plans and advising on the related regulatory and tax considerations, and enforceability of clawback and malus provisions, competitive activity restrictions
OCCUPATIONAL HEALTH AND SAFETY
Advising MNC in intended implementation of a hearing conservation program on workplace noise in Hong Kong and advising on workplace health and safety considerations.
PROTECTION OF EMPLOYERS’ PROPRIETARY INTERESTS
- Represent a Hong Kong employer on immediate actions restraining a departing employee’s distribution of company’s trade secrets and confidential information

EMPLOYMENT-RELATED LITIGATION

Counsel to MNC in enforcement of non-compete and confidentiality provisions against former senior employee joining a competitor in labour arbitration proceedings in Mainland
Counsel to Hong Kong retail group in the handling of a disability discrimination claim by a former employee to the Equal Opportunities Commission

WORKPLACE INVESTIGATIONS

Counsel to MNC on disciplinary actions against PRC employee for continued absence from work and serious breach of company policies
Represent a Hong Kong employer on immediate actions restraining a departing employee’s distribution of company’s trade secrets and confidential information
Counsel to a Hong Kong employer in the summary dismissal of an employee on the ground of abuse of the hybrid workplace policy
Counsel to MNC in negotiations with its PRC employee for mutual separation of employment with separation package on the ground of a major change in objective circumstances
Counsel to MNC in an investigation of an unfair dismissal claim of an employee. We conduct interviews with several Hong Kong employees and provide assessment on the legality of the termination with our recommendations of measures for future implementation

BUSINESS RESTRUCTURING AND M&A

Counsel to MNC in conducting HR due diligence pursuant to an overseas merger of US companies which includes a Hong Kong subsidiary. We advised on the merger agreement and the legal obligations towards existing employees for effecting proposed transfer of employment to a newly established company
Counsel to global retail group on the employment aspects in the sale of its Hong Kong business. We provided pre-sale advice on the legal implications to the existing employees upon the sale and devised documentation for both employee transfer and redundancy for smooth transition of the business

GLOBAL MOBILITY, BUSINESS IMMIGRATION AND EXECUTIVE TRANSFER

Represent MNC for devising efficient tax planning scheme for its expatriate director under related double taxation treaty with Hong Kong
Counsel to MNC on cross-border secondment of Hong Kong senior management to its Mainland subsidiary. Advice on dual-jurisdictional tax issues to achieve optimal tax benefits
Represent global software company in advising and handling Hong Kong employment and dependant visas for its foreign employees

CUSTOMISED IN-HOUSE TRAINING PROGRAMMES AND MANUALS AND AUDIT

Represent global hotel group in performing employment audits of its Hong Kong workplace policies to ensure full legal compliance

WHAT OTHERS SAY

"The excellent service, depth of knowledge and most importantly, the sage advice you and the lawyers of Vivien Chan & Co. have provided to Amway have been an integral part of our success in Hong Kong and China."

~ Amway・Alticor

"Very good support, fast and always provide us good recommendation how to solve issues."

~ DKSH

"As a renowned legal advisor, throughout the years Vivien Chan & Co. has made numerous contributions that helped clients realize their vision and goal."

~ Esquel Enterprises Ltd.

"Very China presents a special challenge for the U.S. firm. The complexity of culture, language and politics is a challenge. Vivien Chan & Co. always provides the expertise and insight that let us know that our clients are in good hands."

~ Espinosa Trueba

"Vivien Chan is a master of strategy. When I need strategic counsel in a difficult situation, I come to her."

~ Orrick, Herrington & Sutcliffe LLP

ACCOLADES

CORPHUB HONG KONG'S MOST OUTSTANDING BUSINESS AWARDS

Greater China’s Outstanding Full-Service Law Firm of the Year 2022

GLOBAL LAW EXPERTS

Labour and Employment Law Firm of the Year 2022 Hong Kong

CORPORATE INTL GLOBAL AWARDS

Labour and Employment Law Firm of
the Year 2021-2023
Hong Kong

THE LAWYER NETWORK

Labour & Employment Law Firm of
the Year 2021 in Hong Kong

WHO’S WHO LEGAL

Labour, Employment and Benefits
China and Hong Kong 2021

APAC INSIDER BUSI-NESS

INSIDER AWARDS

Best Full-Service Law Firm 2019 in Greater China
Ms Vivien Chan

Mergers and AcquisitionsLitigation and Dispute ResolutionRegulatory ComplianceTax and Wealth Planning

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