The course will be in Chinese

It has been nearly 10 years since the Labor Contract Law and Regulations for the Implementation of the Labor Contract Law was implemented. Through the implementation of the laws and HR practices, executives and HR officers often find certain aspects misleading and confusing, such as: probation periods, timing of signing an employment contract of non-fixed term, use of terms in employment contract termination and employee dismissal, flexible employment options, labor dispatching and outsourcing, regulations on liquidated damages, differences between economic compensation and indemnity. Such confusion can easily cause labor disputes, or even labor arbitrations and lawsuits. If handled improperly, such situations can seriously damage company reputation and draw public attention.

Due to these circumstances, AmCham China introduced a series of HR management trainings to help member companies solve these problems. The trainings series includes:

· Discussion on HR Compliance Management from "Classic Movies & Case Studies": July 13th

· Lawyer Showcase – How to Draft a Fine Employment Contract and Employee Handbook: August

· The Compliance Management of "Five Social Insurance and One housing Fund & Flexible Benefits" in the Era of Internet+: September

· Experience Sharing of Holiday Management and Practice: October

· Regulations on Employment Contract Termination and Practice of Employee Dismissal: November

· Big Data Sharing – Disputed Cases on Competitive Restriction: December

· Stimulation of "Labor Dispute Trial" and Expert Reviews: December

Course One: From Classic Movies & Case Studies to Compliance Management

The trainer, an expert lawyer, will review classic HR movies and typical labor dispute cases with trainees. The trainer will share management skills and negotiation techniques necessary to HR officers, and elaborate on how to draft a fine employment contract and employee handbook. Other topics include taxation on social security fees, electronic labor contract trends, and compliance solutions.

Course Benefits:

· Using an innovative training method, the course helps HR officers understand important points from the Labor Contract Law through expert analysis and examples from classic HR-related movies (Up in the Air, Ode To Joy, The Devil Wears Prada). The trainer will also share valuable experience and knowledge related to the course.

· Increase awareness of employment risks, increase ability to control employee relations.

· Through case sharing, highlight vital points in employment management to reduce disputes.

Targeted Trainees:

Executives, HR executives/director/manager, legal director/manager, labor union chair, legal consultants, administrator, labor dispute coordinator, and lawyers etc.

Course Syllabus:

Insights on Employment Management Under New Legal Environment

1) Hiring and Employment

a) Basic procedures needed in employee enrollment.

b) Necessary points and core provisions in employment form.

c) Risks in hiring and enrollment management.

d) How to conduct an efficient "background check" on executives and core employees.

e) Changes the Internet will bring to the employee enrollment process.

2) Signing the Employment Contract

a) Types of employment contract and signing techniques.

b) Common misunderstandings drafting an employment contract.

c) The flexibilities in standard, non-frequency, and assembling working hours.

d) Differences between non-fixed and fixed term contract.

e) Timing of signing a non-fixed term contract (judicial practices in Beijing, Shanghai, Guangzhou, Shenzhen, and Hangzhou).

f) Differences between labor dispatching, labor outsourcing, and business process outsourcing.

3) Employee Training, Holidays, and Performance Assessment

a) Trainings that can be seen as "specialized technical training", Drafting "liquidated damages" that both sides can agree upon.

b) Formulating an attractive holiday management system.

c) Proving certain employees are incompetent and what details are necessary.

4) Prevent and Control Dismissal Risks

a) The "rules" in employee dismissal – Can employees be "dismissed"?

b) Circumstances that require the company to pay compensation.

c) Circumstances where compensation can be tax exempt. What is "payment in lieu of notice"?

d) Preventing legal risks in employees' dismissal.

e) How to sign a confidentiality agreement and non-competition agreement with core employees.

f) Big Data: What kinds of concessions would happen in ending an employment? How to prevent defeats?

Suggestions for Handling Common Difficulties

1) Can the employer adjust employee positions without the employee's permission? As department director or HR, how do you discuss a position-transfer with employees? Does it imply salary adjustment?

2) Are there any legal suggestions for performance assessments and a lowliest place elimination system?

3) How to handle employee relations, such as pregnancy, lying-in, lactation period, sick leave, and absenteeism using sick leave as an excuse?

4) Can WeChat, cell phone recordings, videos, and emails be used as proof?

5) What measures and strategies HR should use to handle labor arbitration and lawsuit?

Measures and Strategies for HR Compliance Management

1) How to draft a fine employment contract. The course will share individualized employment contract terms in fortune 500 companies.

2) How to improve the current employee handbook. The course will share the "master strokes" for employee handbooks.

3) How to fulfill democracy procedure and publication procedure.

4) The trends and suggestions for taxation of social insurance fee and electronic employment contract.

Case Sharing of Labor Dispute, Discussions, and Presentations

Case One: Dozens of trainers in a well-known training agency were charged tens of thousands of liquidated damages because of job-hopping to a competitive agency (about competitive restriction).

Case Two: A five-star hotel dismisses employee due to discipline violation (about labor employment system in enterprises).

Case Three: A well-known enterprise dismisses executive (about legal concerns in ending employment, compensation, or restoring employment).

Case Four: The difficulties a well-known Internet company faced while dismissing "problematic" employee (about legal defeats and wins).