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China: Employment law update | September 2022

By , and 1 Min Read

In brief

  • CSRC issues series of measures regarding employee remuneration in securities and fund industries
  • Amended Shanghai Labor Union Regulations provide some additional protections for employees
  • Guangzhou court rejects company’s claim of copyright in work created by an employee
  • Supreme People’s Court highlights case regarding invalid non-compete term
  • Supreme People’s Court issues guiding case highlighting importance of termination notices
  • Supreme People’s Court provides guidance on bonus disputes involving departing employees
  • Hangzhou court rules company may not force employees to set off quarantine period against annual leave entitlement
  • Failure to follow democratic consultation procedure leads to unlawful dismissal ruling

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Author

Jonathan Isaacs heads Baker McKenzie's China Employment Practice. Jonathan is listed as a leading lawyer for China employment law in various legal publications and has shared insights on labor and employment issues with many publications and media outlets, including The Financial Times, The Wall Street Journal, Washington Post, LA Times, Reuters, The Economist Intelligence Unit, Voice of America, RTHK, LA Times and Fortune Magazine. He has also co-authored the leading treatise on Chinese employment law in English, Employment Law & Practice in China. He is admitted as a lawyer in the state of New York, USA.

Author

Ms. Lu routinely leads massive employment projects, such as mass layoffs, restructuring, investigations, and employee unrests/strikes, involving challenging and complex considerations. She also specializes in strategic employment counselling and developing creative employment solutions for multinational corporations in their global transactions and day-to-day operations. She regularly advises clients on all aspects of human resources management, including wages and hours, bonus and benefit plans, handbooks/code of conduct, hiring and terminations, compliance and investigation, data privacy, global assignments, sexual harassment, union issues, strikes and unrests, and labor disputes, etc. Ms. Lu was named the lead lawyer in the employment area by major publications for consecutive years.
She has experience in complex multidistrict litigation in state and federal courts in the United States.
Given Ms. Lu’s combined experience in transactions and litigation and in China and the United States, she can quickly analyze legal and practical strategies in complex cross-border matters and harmonize cultural differences.

Author

Bofu An is a partner in Baker McKenzie's Beijing office. His practice focuses on labor, employment and employee benefits. He was a Special Counsel at Baker McKenzie's Employment Practice Group in Beijing, before which he was an arbitrator at the Beijing Municipal Labor Disputes Arbitration Commission for several years. Not only had he worked for several years in a Beijing local law firm where he handled many labor dispute cases, he also has extensive in-house experience as legal counsel for China Light & Power Asia Limited. Baker & McKenzie FenXun (FTZ) Joint Operation Office is a joint operation between Baker & McKenzie LLP, and FenXun Partners, approved by the Shanghai Justice Bureau.

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