Pamir Law Group supports clients in the Labor and Human Resource area in China and Taiwan in a full range of employment/labor matters. We help clients plan and execute best practices for regulatory compliance to meet local market requirements. We help to balance the needs of multinational clients in localizing their worldwide practices to the local market.
We offer the following human resource management services:
Documenting Employment Relationships
- Design executive and non-executive employment agreements.
- Requirements when signing employment contracts.
- Terms of Employment; Restrictions on Employment Termination; Severance.
- Confidentiality and Non-Compete Agreements.
- Coordinate with Company Work Rules Manual and Record-Keeping to insure legal compliance with regulatory requirements.
Legal Compliance and Regulatory Matters
- Advise on full range of legal compliance and regulatory matters.
- Design Company Work Rules Manual, standard operating procedures, and Best Practices.
- Train company Human Resource Teams on Best Practices.
- Advise on implementing practical systems, controls and standard operating procedures on use of the company’s and legal representative’s chop (Chinese seal).
- Advise on mandatory statutory benefits and reporting systems
- Advise on structuring employment and employee benefit packages for executives and employees, including designing stock, bonus and other performance incentive plans.
- Pension fund restructuring.
Employee Termination and Severance Issues
- Advise and negotiate settlements on behalf of clients over termination and severance issues.
- Advise in labor disputes including negotiations, mediation and litigation.
Work Permits and Employee Residency (In Taiwan)
- Manage work permit and alien resident certificates (“ARC”) application process for clients’ managers, employees and family members.
- Process work permits and alien resident certificates for all nationals, including mainland Chinese working in Taiwan.
Employee Misappropriation, Embezzlement and Corruption
- Design preventative and disciplinary programs to deter inappropriate behavior.
- Advise clients in civil and criminal litigation against employees receiving improper benefits and kickbacks and seek recovery of embezzled funds by freezing personal assets where permissible.
Trade Secret Protection and Industrial Espionage
- Design employee work rules, employee handbooks, standard operating procedures and measures to prevent employee misappropriation and loss of trade secrets and intellectual property.
- Advise on civil and criminal actions against employees for theft of trade secrets and intellectual property as well as breach of confidentiality, non-competition and non-solicitation obligations.
Mergers and Acquisitions Labor Issues
- Advise on labor law compliance and employment issues during the due diligence review of target companies as well as assist in structuring pension funds, retirement and benefit packages, layoff programs and design severance arrangements.
- Advise on transfer of personnel in Merger and Acquisition situations including seniority, benefits and pension transitions.
- Renegotiation and documentation of executive and non-executive personnel transitions.
Labor Force Restructuring
- Design early retirement, downsizing, and mass layoffs programs that comply with local regulations and minimize client cost.