Labor and Employment

Good employees are, arguably, one of the most important aspects of any business, particularly in China. Lehman, Lee & Xu attorneys have counseled multi-nationals on all aspects of Chinese labor law, with successful results in terms of both legal compliance and effective business results.

The Firm advises on issues concerning the employment of foreign and Chinese individuals by joint ventures and other foreign invested entities in China. We assist our clients in negotiating and drafting employment contracts, advise them on governmental health and safety requirements and employee benefits, and assist with employment-related dispute settlement.

As the HR situation in China is complicated by the existence of both national legislation and numerous local regulations, one of the main roles for the Firm is to act as a guide to through the regulatory framework.

Our attorneys are experienced in providing sound, hands on counsel in the following matters:

• Background checks or due diligence on potential hires;
• Employment law, contracts and registration at the Labor Bureau pertaining to expatriates and Chinese nationals;
• Negotiations and contracts with FESCO and similar employment agencies, transfers from other enterprises, Hukou, visa and Labor Bureau registrations;
• Structuring benefit packages;
• Dealing with labor unions and the role of the Communist Party in the workplace;
• Public Security Bureau issues and registrations;
• Advising on measures to prevent bribery, theft and corruption and resolution should they occur;
• Tax liability or disputes with the local Tax Bureau, pension funds, insolvency;
• Labor plans and development of management personnel;
• Labor disputes;
• Converting representative offices and their personnel into enterprises;
• Contract negotiations;
• Employee evaluation programs; and 
• Terminations.

Click here for Labor FAQs

Publications

Employee Insurance Entitlements: What do employers need to pay?

Settlement of Termination Payments: Are they Enforceable?

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