Labor Law and Employee Benefits

Expert advice on labor law and employee benefits is a vital component of the comprehensive legal services provided by JT&N and aims to provide clients with a systematic, integrated legal foundation for employment policies, labor relationship management, social security benefits and human resource management. With the continuing acceleration of reforms in the PRC legal system governing labor and benefits, reliable access to timely, informed legal advice on these areas have become essential aspects of doing business successfully in China for many companies. Foreign investors are increasingly aware that appropriate employee policies directly underpin business stability and growth. JT&N has accumulated a deep reservoir of practical experience over the course of a decade of practice in this field, and supports its clients with up-to-the-minute familiarity with all PRC laws, rules, policies and administrative guidelines on labor, employee benefits and human resources. Our creative and innovative approach to these issues is grounded in years of practical experience.

For many corporate and other investors in China, the effective communication of their unique culture to new employees is critical for building a successful PRC-based operation that is harmoniously integrated into a larger global entity. Skillful management of employee issues is the key to retaining talented personnel in an environment where competition for talent and experience can be fierce. Compliance with multiple layers of laws and regulations can be challenging. JT&N clients span a wide spectrum of organizational and operational structures, and the firm prides itself on its ability to tailor advice to the requirements and characteristics of individual industries, as well as to the management modes of employers and the long-term human resource needs and goals of each company.

JT&N's labor and employee benefits lawyers are experts at dealing with issues arising in the context of complex circumstances and events such as mergers and acquisitions, restructuring, redundancy and bankruptcy. We maintain close channels of communication with relevant national, regional and local industrial associations, governmental agencies and legislative and judicial authorities, as well as experts and scholars in order constantly to improve and enhance the quality of the legal services we are able to offer our clients.

JT&N focuses on providing employers with practical and far-sighted legal advice on the basis of China’s ever-evolving legal and regulatory environment and the development of labor relations and labor legislation in other countries.
The firm’s labor and employee benefit services include:
  • Providing an integrated package of legal advice regarding labor management and benefits, compensation and human resource management based on the client’s management style and the practices and requirements of the client’s industry.

  • Drafting, reviewing and advising on employment contracts and internal employee policies and procedures for compliance with PRC law and regulations, as well as standard PRC industry practices.

  • Providing advice to individual employers and employees in connection with senior management personnel contracts, executive compensation arrangements, benefits and compensation structuring.

  • Designing and overseeing the implementation of employee plans for employers under special circumstances such as mergers, acquisitions, pre-IPO, restructuring, redundancy and bankruptcy.

  • Providing legally-mandated in-house labor union and staff representative meetings with guidance, suggestions and legal consulting services.

  • Providing substantial advice and on-going support in connection with labor arbitration and litigation.
  • Updating clients as to the latest legislative, administrative and judicial developments concerning labor and employee benefits.
Representative employment cases include:
  • The separation of major and supplementary businesses and system reform of the Xinjin Road Construction Machinery Factory under the China Communications Construction Company

  • Personnel allocation and asset clearing of China Railway Express Logistics Co. Ltd.

  • Research of employee reassignment of the collective enterprises under the China Petrochemical Corporation.

  • Dispute over request for restoring working posts filed against the China Petroleum & Chemical Corporation.