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China (PRC) Labor Contract Law: From Hiring to Firing


Product Code - INAU01
Speaker(s): John Leary, Executive Partner of the Shanghai office, White & Case LLP
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The Peoples' Republic of China (PRC) Labor Contract Law came into effect on January 1, 2008. Since that time there have been a number of clarifying regulations and interpretations to guide practitioners in the PRC. If your organization is establishing, operating, or terminating operations in China, you should have a basic understanding of the rights of your employees.

For example:

  • At what point does an employment contract become "open ended?"
  • How does the Labor Contract Law address employee handbooks and workplace rules?
  • Are your workers required to form a union?
  • How do you fire someone?
  • Are non-competition clauses enforceable?
  • What's the process for resolving disputes?

Join Bloomberg BNA and John Leary, Executive Partner of the Shanghai office of White & Case LLP, for a discussion of all the above questions relating to the PRC Labor Contract Law.

Highlights include:

  • Requirements for employment contracts
  • Different procedures for hiring foreigners and Chinese citizens
  • Workplace rules and labor unions
  • Termination rights
  • Severance payments and caps
  • Resolving labor disputes
  • Non-competition clauses
  • And more!

John Leary, Executive Partner of the Shanghai office, White & Case LLP

John Leary has been the managing partner of White & Cases Shanghai office since 2005. During his career, he has also worked in the Firms offices in Los Angeles, Bangkok, Hanoi, Prague, Mexico City and Palo Alto.

John represents US and foreign corporations in international mergers, financings and ventures. Since joining White & Case in 1992, nearly all of his work has had a cross-border component. He has led greenfield projects for several high-technology companies, supervised mergers and acquisitions teams in the US, Eastern Europe and Latin America, represented Mexican airlines in their fleet acquisitions and restructurings and also represented the Czech Republic and the Government of Vietnam in privatization and debt restructuring matters.

In Shanghai, John represents multinationals in their acquisitions of Chinese assets or enterprises and in the formation of joint ventures. He also represents Chinese entities in their acquisitions abroad.