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HR Legal Advisory

Where law meets HR. Our experts have the answers to all your questions such as labor disputes, negotiations, communications with authorities, arbitrations, lawsuits, and providing HR document templates.

HROne HR Legal Lawyers

With ever-changing regulations and compliance requirements, ensuring that your HR practices align with the local laws can be challenging and time-consuming. That’s why we are proud to offer our HR Legal Advisory service, designed to provide comprehensive guidance and support to help you navigate the legal intricacies of human resources in China.

Compliance Assessment

A thorough assessment of your current HR practices and policies to identify any potential legal gaps or non-compliance issues.

Dispute Resolution

Expert guidance and support to help you navigate the resolution process, ensuring compliance with local laws and protecting your interests.

Employment Terminations

Guidance on termination processes, severance pay calculations, and compliance with relevant regulations to minimize legal risks.

20 YEARS OF HR EXPERIENCE IN CHINA

Why HROne?

HROne boasts a team of highly skilled legal professionals who specialize in Chinese labor and employment laws. With their in-depth knowledge and years of experience, we provide accurate and up-to-date guidance to help you navigate the complexities of HR legal matters in China.

Timely Updates

HROne's legal team closely monitors legal developments, providing you with timely updates and proactive advice to help you adapt to any regulatory changes and mitigate potential risks.

Bilingual Communication

Language barriers should never hinder effective communication. At HROne, our team is proficient in multiple languages, including English and Chinese.

Industry Experience

Our industry experience enables us to provide industry-specific advice and solutions, ensuring that your HR practices align with both legal requirements and industry best practices.

HROne has never lost a (client) lawsuit

Your HR Legal Expert in China

When it comes to HR legal lawsuits in China, having expert guidance is crucial for businesses to navigate the complexities of the legal system effectively. The intricacies of Chinese labor and employment laws require a deep understanding of local regulations, procedures, and precedents.

Frequently Asked Questions

In China, the non-compete clause in employment contracts restricts employees from engaging in competitive activities during and after their employment. The key points regarding non-compete clauses in China are:
  • Duration: The non-compete period should not exceed two years after the termination of employment.
  • Geographic Scope: The geographical area in which the non-compete restriction applies must be reasonable and clearly specified.
  • Compensation: Employers are required to provide financial compensation to employees during the non-compete period.
  • Special Circumstances: Non-compete clauses may be unenforceable if the employer fails to pay compensation or breaches other contractual obligations.
  • Reasonableness: Non-compete clauses must be reasonable in terms of scope, duration, and compensation, and must protect the employer’s legitimate business interests.
  • Enforcement: Courts in China may review the reasonableness of non-compete clauses and have the authority to modify or invalidate them if they are found to be unreasonable.
    • When handling labor disputes and grievances in accordance with Chinese labor laws, businesses should consider the following steps:
  • Internal Resolution: Businesses should establish effective internal grievance procedures to address employee concerns and disputes. This involves providing a clear channel for employees to voice their grievances and conducting internal investigations to resolve disputes promptly and amicably.
  • Mediation and Conciliation: If an internal resolution is not successful, mediation and conciliation should be pursued. Businesses can engage a neutral third party, such as a labor arbitration committee or a labor dispute mediation organization, to help facilitate discussions and find a mutually acceptable resolution.
  • Arbitration: If mediation fails, either party can apply for labor arbitration at the local labor arbitration committee. Arbitration decisions are legally binding and must be complied with by both parties.
  • Litigation: In certain cases, if the arbitration decision is unsatisfactory, either party may choose to escalate the dispute to a court. The court will review the case and issue a judgment, which is legally enforceable.
    • To ensure compliance with data privacy and protection laws when handling employee personal information in China, businesses should take the following steps:
  • Obtain Consent: Obtain explicit consent from employees before collecting, processing, or transferring their personal information.
  • Data Security Measures: Implement appropriate technical and organizational measures to protect employee personal information from unauthorized access, disclosure or loss. This includes encryption, access controls, and regular security assessments.
  • Cross-Border Transfers: If transferring employee data outside of China, ensure compliance with data export restrictions.
  • Third-Party Providers: Exercise caution when sharing employee data with third-party service providers, ensuring they have robust data protection measures in place and contractual provisions for data confidentiality and security.
  • Data Retention: Establish clear policies for data retention and disposal, ensuring that personal information is retained only for the necessary duration and securely destroyed when no longer needed.
  • Employee Rights: Inform employees of their rights regarding their personal information, such as accessing, correcting, or deleting their data.
  • Regular Audits and Training: Conduct periodic internal audits & provide regular training to employees on data privacy policies and procedures.
  • Stay Updated: Keep abreast of changes in data protection laws and regulations in China and adjust data handling practices accordingly.

    • Businesses operating in China must comply with several basic labor laws to ensure fair and lawful employment practices. Here are some of the key labor laws that businesses should be aware of and adhere to: Labor Contract Law, Minimum Wage Regulations, Working hours and Overtime, Paid Annual Leave, Social Insurance, Maternity Leave, Termination Procedures, Non-Discrimination and Equal Employment & Workplace Health and Safety.

    Contact Us

    Contact for help with employment, payroll, recruitment & general HR in China. Fill in the form to talk to our experts and get a free consultation & quote for our services.

     

    Head Office

    436 HengFeng Road, suite 1804 Greentech Tower, Jing’an, Shanghai 200070, China

    China : +86 21 52110025

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