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Beijing Employment & Labour Law Guide

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Data
Based on unscrambling roundly national laws and regulations, the product focus on related regulations in Beijing. All the data are latest and authoritative from governmental sources.

Structure and Content
In a plain and straightforward manner, the product covers most subjects of labour law and analyzes regulations and policies involved, especially for those disputes and problems encountered often by HR managers or legal consultants, such as competitive restrictions, actual labor relations, part-time employment, etc. With illustration of special policies, regulations and practices in Beijing as well as those all over the country, it puts forward most valuable and professional suggestions and solutions.

Author
The product is written by those most famous and authoritative lawyers who are experienced in labour law practice. The readers could get the latest practical solutions to avoid legal risks via reading.

King & Wood Law Firm

Established in 1993 in Beijing, King & Wood is one of the first partnership law firms to be approved by Ministry of Justice of PRC and Beijing Judicial Bureau.

Today, King & Wood is the largest law firm and the leader in providing comprehensive legal services in China. It has more than 830 lawyers, agents and professional personnel providing quality legal services for customers with different needs around the world, and has been awarded the title of Civilized Law Firm at the Ministry Level by the Ministry of Justice since 1996. King & Wood has often been voted as the best law firm in China by internationally recognised legal publications. It is the only law firm to be engaged by the Beijing Organising Committee for the Games of the XXIX Olympiad (BOCOG).

King & Wood, headquartered in Beijing with offices in Shanghai, Shenzhen, Chengdu, Guangzhou, Xi’an, Chongqing, Hangzhou, Tianjin, Suzhou, Qingdao, Ji’nan, Hong Kong, Tokyo in Japan as well as Silicon Valley and New York in the United States.

King & Wood has always focused on protecting the interest of its clients as its first priority. Having a thorough understanding of client needs and project background, it is able to provide comprehensive, constructive and realistic solutions. King & Wood has established divisions in many practice areas, which quality control is overseen by its partners.

Labour Law Division of King & Wood, led by its partner, Dr. Jiang Junlu, handles all matters related to labour laws. The regular services of this division include drafting and revising labour contracts or collective contracts, drafting or revising internal labour policies, giving compliance review, issuing legal opinions, and representing companies in arbitration, litigation or class-action litigation. In addition, the Labour Law Division of King & Wood provides special services for various labour issues arising from M&A, corporate restructuring, and insolvency of businesses.

Author

Dr. Jiang Junlu

Partner

King & Wood Law Firm

Dr. Jiang Junlu started his legal career in 1994. He joined King & Wood Law Firm in 2004 and currently is a partner in King & Wood, overseeing all matters related to labour and social security laws.

Dr. Jiang is among the first PhDs in labour law in China. He has been specialising in the practical research of labour laws for a long time and has made the systematic analysis of international labour laws and labour laws in China. Dr. Jiang Junlu is experienced in reviewing and drafting labour contracts, collective contracts, and internal labour policies (employee handbook). He also has rich experience in labour dispute settlement.

As a lawyer specialising in labour law, Dr. Jiang Junlu has participated in discussing and drafting Labour Law, Regulations on Work-related Injury Insurance, Regulations on Labour Security Supervision and Trade Union Law, and has been working as an arbitrator for ten years simultaneously. Dr. Jiang Junlu has used his great knowledge about labour disputes to propose many constructive and effective solutions for enterprises, and has consequently won well recognition of those in the industry.

Dr. Jiang has also been appointed as the person in charge of the Labour Contract Law research group commissioned by the State Council.

Dr. Jiang has provided legal advice from labour and social security aspect for many multinational companies, as well as large and mega-sized enterprises, for example, in the proposal regarding the employment scheme during acquisition, employee settlement plan during insolvency, employee settlement and social security plans during restructuring, employee scheme for joint venture enterprises, etc. In addition, Dr. Jiang has paid a lot attention to differences between China and international labour standards and social responsibility requirements, for example, employment discrimination, sexual harassment in the workplace, the Sarbanes-Oxley Act, the protection of personal information, implementation of the labour standards for international supply chains and the drafting of annuity plans and employee stock option schemes for enterprises.

Trade union law is an area that Dr. Jiang pays special attention to. Dr. Jiang is dedicated to study trade union issues and relevant issues, such as employee assembly system, employee representative assembly system, the internal management and activity principles of trade union committees and the collective negotiation and collective contracts.

Dr. Jiang’s working languages are Mandarin and English.

Dr. Jiang Junlu was admitted to LLB and LLM at the law school of Renmin University of China in 1992, and admitted to PhD at the Law School of Peking University in 2001, and was being granted the qualification of practice in China in 1994.

Dr. Jiang Junlu has taken up the following social responsibilities:

chairman of All China Lawyers Association Labour and Social Security Law Committee, and the member of the All China Lawyers Association WTO committee;
part-time researcher in Labour and Social Security Law Institute in Peking University;
chairman of Beijing Labour and Social Security Law Society;
arbitrator of Beijing Labour Arbitration Commission and Personnel Dispute Arbitration Commission;
the member of the International Labour and Social Security Law Association (Geneva); and
the Chinese project consultant of the American Bar Association.
Dr. Jiang has published many articles and publications, such as Labour Arbitration (Law Press 2003), and Labour Legislation in China (in English, published in the first issue of Chinese Law and Government in 2003).

Contributors

Liang Yanling, partner and lawyer of King & Wood Law Firm, graduated from Northwest University in 1992 with the LLB, and obtained the LLM from China University of Political Science and Law and University of Birmingham in 1995 and 2002 respectively.

Xu Xiaodan, partner and lawyer of King & Wood Law Firm, graduated from the law school of Peking University with LLB in 2000, and obtained LLM from King’s College London in 2005.

Duan Haiyan, senior lawyer of the Labour Law Division of King & Wood Law Firm, graduated from Wuhan University with LLB, and obtained LLM from Zhongnan University of Economics and Law.

Zhang Nanqian, lawyer of King & Wood Law Firm, studied in the law school of Lanzhou University from 2001 to 2005, and studied in the law school of Peking University from 2005 to 2007, obtaining the LLM.

Zhou Jun, lawyer of King & Wood Law Firm, graduated from Nankai University, obtained the Bachelor of Literature (specialising in English for Foreign Trade) and the LLM in 2002 and 2006 respectively.

Translation ACTSpand Pte Ltd (Singapore) provides legal language consultancy and translation services to this publication.

Survey of the Labour Law in China

Brief Introduction To the Beijing Labour Law System

Employment Management of Foreigners in China

Special Labour Forms

Recruitment

Labour Contracts

Trade Union, Collective Negotiation and Collective Contract

Internal Labour Regulations and Punishment

Training and Appraisal

Wages

Social Insurance and Housing Provident Fund

Employee Welfare and Stock Options Plan

Working Hours, the Rest Time and Leave

Occupational Health and Safety

Modification, Dissolution, Termination and Renewal of Labour Contracts

Labour Dispute Settlement

Management of Labour Relations in the Process of Mergers and Acquisitions, Dissolution and Insolvency of the Business

Human Resources Management in Group Companies

Case Studies

Legislation (Bilingual)

informative contents and materials as a useful reference instrument
strong pertinence for employers or lawyers in Shanghai
practical guidance from experts in relevant areas with professional comments of important daily legal issues
authoritative author with abundant practice experiences
Plain and straightforward writing style
Well-structured index and legislation finding list