The labor law department of Zhongwen Law Firm has a batch of professional lawyers who are proficient in labor law and focus on providing special legal service of labor law for a long time. They have rich experience in the labor law service field.
Scope of Legal Services includes:
(I)Examine and draw up various labor and personnel rules and regulations of a company
1.Rules and regulations published by a company before include (but not limited to) that the administrative system, training, attendance management, remuneration of labor, welfare, dormitory management provisions, rewards and punishment, safety and health education, staff complaint handling method are collected, classified, arranged and investigated to judge and make sure whether a legal risk exists; files with confirmed legal risk are modified and supplemented appropriately by means of profession knowledge and practice experience with the company’s consent, or other solution suggestions are given to guarantee the safety and validity of the rules and regulations of the company and avoid labor dispute risk as much as possible, so that an all-around systematic risk prevention and control system is built.
2.Design and establish a series of labor standards and systems for a company
(1)Formulate a legal, rigorous and practical Employee Handbook;
(2)Design and make labor employment risk prevention scheme, employee on-boarding management process, employee turnover management process, overtime pay and benefits-related management methods, business secret protection scheme, non-competition related system and intellectual property system;
(3)Draw up or alter labor contract context (including fixed-term employment contract, unfixed-term labor contract, labor contract with a period to complete the prescribed work, collective contract, part-time labor contract and labor contract supplemental agreement) according to the actual situation of the company in accordance with provisions of relevant laws;
(4)Prepare or amend relative materials (such as modification of labor contract, labor contract renewal, contract opinion with required fixed term, notice of job adjustment, notice of termination of labor contract, non-competition agreement, certificate of dissolution or termination of labor contract and so on) related to the fulfillment of labor contract according to the actual situation of the company in accordance with provisions of relevant laws;
(5)Amend rules and regulations (such as employee handbook, recruitment management system, employment condition, job responsibility, performance evaluation method, position salary system, confidentiality system, attendance management system, labor discipline and heavy loss standard and so on)of employment units according to the actual situation of the company in accordance with provisions of relevant laws;
3.Help the company to investigate and clear up relations among departments in the company, define rights and responsibilities of all departments and specify mutual collaboration
4.Provide professional legal advice for labor disputes involved in the company, preserve and collect evidence and examine and draft legal documents about them
(I)Provide labor professional legal service specifically
Problems of labor contract signing: We assist the company to review and draw up a labor contact or supplemental agreement of the labor contract, do the work of labor contract signing well, specify probation period, clarify job contents and responsibilities, confirm rationally remuneration of labor and term of a labor contract, appoint duties of both parties, arrange clear and feasible period of service and non-competition responsibility for breach of contract and penalty provisions, prevent economic compensation or damage compensation disputes when the labor contract is terminated or cancelled and avoid illegal cancellation or termination of a labor contract.
1.Problems of salary component: We assist the company to examine and formulate the salary component of company staff and reasonably set the proportion of basic salary, overtime pay, welfare and bonus and help the company to formulate or amend Performance Evaluation Method, confirm the performance bonus payment basis, reduce wage cost and avoid or reduce economic loss under the condition that the economic compensation or damage compensation must be paid.
2.Social insurance problems: We guide the company to handle social insurance for employees and help the company to settle labor disputes not caused by employment disease, work injury and death of employee.
3.Work injury or occupational disease problems: We help the company to set up a system of on-the-job training and safety production education for employee to avoid work injury or occupational disease, or even if it happens, we can use a negotiation or lawsuit method to settle it actively so as to avoid or reduce economic loss of the company.
4.Problems of settlement of discipline-violation employee: We effectively use fault punishment terms to enable plot of discipline violation of employee to be matched with punishment intensity.
Problems of labor contract termination: We preserve and collect related evidence, effectively use fault dismissal terms to reduce disputes and prevent and solve economic compensation disputes caused by dismissal.
5.Problems of relationship coordination of government departments: Including relations with labor department, social security department and court.
(II)Join company’s external labor dispute lawsuit and internal labor dispute resolution
1.When a sign of a labor dispute appears, we will quell and mediate the dispute timely to prevent the labor dispute from entering into legal arbitration and lawsuit stages to the greatest extent.
2.For the labor dispute which has entered the arbitration and legal proceedings, we will actively preserve and collect evidence, and entrusted by the company, we will appear in court to respond to lawsuit to safeguard lawful rights and interests of enterprise in the legal proceedings.
For incurred labor dispute, we will analyze and summarize its causes and generalize preventive methods and legal countermeasures to reduce the occurrence of similar disputes to the utmost extent.
(III)Daily legal advice
1.We will respond to the consultation of relevant laws in company’s daily life in an oral or written form.
2.We will make plans together according to the requirements of the company, and we will go to the company to conduct induction service from time to time.
(IV)Provide legal business training for business staff in the company
We can conduct intensive legal training for business staff in the company, and the company can designate or arrange related staff to attend the training. We will train them in a mode of lecture or organization discussion according to the specific requirements of the company, and the training content is specifically arranged according to the company’s requirements.
1. We can communicate with the company for relevant legal information from time to time and provide relevant law, regulation and case information according to the requirements of the company.
Main Representative Performance:
•Participate in the formulation of Labor Contract Law and Regulations on Work-related Insurance;
Hold the post of the legal adviser or human resource management consultant of central enterprises, such as SINO-COMM Asset Management Co. Ltd., Huarong Asset Management Co. Ltd. and so on, companies and listed companies like New China Insurance Co. Ltd., Oriental Network Co. Ltd. and so on;
•Participate in Huawei’s cleaning up labor relationships;
•Be designated by the Justice Department to do consultations on the labor problems of the missing civil aviation MH370 event;
Handle the labor controversies of KFC and Pizza Hut;
•Handle the labor dispatch cases of Bank of China;
•Handle all kinds of labor cases from the establishment of labor relationships to the termination of labor contracts involving the recognition of labor relationships, payment of double wage without labor contract, compensation for illegal dissolution of labor contract, confirmation and compensation for the occupational treatment of work-related injuries, payment of overtime wage, controversies of labor contract during the probation period, controversies of labor contract without fixed term and so on.