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China: Employment law update

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In brief

In this issue:

  • What employers need to consider under the New Personal Information Protection Law
  • New measures to protect the labor security rights and interests of gig workers
  • Supreme People’s Court and Ministry of Human Resources and Public Security expressly state that the “996” work system is illegal
  • Beijing issues flexible employment measures for Free Trade Zone enterprises
  • Shanghai court rules on whether conversation records on an office cell phone are private and whether they can be introduced as evidence
  • Beijing court rules that employee was lawfully dismissed for repeatedly failing to respond to work-related messages while working from home
  • Shenzhen court rules on dismissal of employee who used umbrellas to shield herself from an office camera
  • Delivery workers to get new protection – Seven authorities issue an opinion on protection of salary income and a new method of insurance enrollment

Read full publication here.

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Author

Jonathan Isaacs heads Baker McKenzie's China Employment Practice. Mr. Isaacs is listed as a leading lawyer for China employment law in various legal publications and has shared insights on labor and employment issues with many publications and media outlets, including The Financial Times, The Wall Street Journal, Washington Post, LA Times, Reuters, The Economist Intelligence Unit, Voice of America, RTHK, LA Times and Fortune Magazine. He has also co-authored the leading treatise on Chinese employment law in English, Employment Law & Practice in China. He is admitted as a lawyer in the state of New York, USA.

Author

Ms. Lu routinely leads massive employment projects, such as mass layoffs, restructuring, investigations, and employee unrests/strikes, involving challenging and complex considerations. She also specializes in strategic employment counselling and developing creative employment solutions for multinational corporations in their global transactions and day-to-day operations. She regularly advises clients on all aspects of human resources management, including wages and hours, bonus and benefit plans, handbooks/code of conduct, hiring and terminations, compliance and investigation, data privacy, global assignments, sexual harassment, union issues, strikes and unrests, and labor disputes, etc. Ms. Lu was named the lead lawyer in the employment area by major publications for consecutive years.
She has experience in complex multidistrict litigation in state and federal courts in the United States.
Given Ms. Lu’s combined experience in transactions and litigation and in China and the United States, she can quickly analyze legal and practical strategies in complex cross-border matters and harmonize cultural differences.

Author

Bofu An is a partner in Baker McKenzie's Beijing office. His practice focuses on labor, employment and employee benefits. He was a Special Counsel at Baker McKenzie's Employment Practice Group in Beijing, before which he was an arbitrator at the Beijing Municipal Labor Disputes Arbitration Commission for several years. Not only had he worked for several years in a Beijing local law firm where he handled many labor dispute cases, he also has extensive in-house experience as legal counsel for China Light & Power Asia Limited. Baker & McKenzie FenXun (FTZ) Joint Operation Office is a joint operation between Baker & McKenzie LLP, and FenXun Partners, approved by the Shanghai Justice Bureau.

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