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Corporate Governance & Employment Matters for foreign enterprises

Our China Practice team renders annual retainer services for clients in connection with their corporate governance and employment issues, advising clients on a full range of matters related to their daily operation. We conduct legal due diligence on the clients’ company history and current status before proposing a corporate governance plan in order to facilitate its future development, assisting clients in the implementation of relevant policies. Our services in corporate governance include:

  • conducting legal due diligence on corporate governance, and participating in the formulation of the company’s internal policies on environmental protection and health, anti-bribery or undue competition, and antitrust, and conducting regular trainings and supervision;
  • participating in the establishment of the company’s corporate governance system, including the relevant decision-making process, compliance risk control for commercial transactions, anti-corruption and anti-bribery regulations, and codes on criminal compliance. Besides, we also provide compliance advice on internal investigations, government investigations, crisis management, cybersecurity and data protection, antitrust, taxation and environmental protection, etc.; and
  • assisting in formulating a management system in respect of environment, health and safety, assisting companies in enhancing their skills and awareness in respect of their legal duties in environment, health and safety, minimizing and preventing incidents, and effectively managing the relevant risks and responsibilities, and advising on the environmental, health and safety approvals, licences and permissions required for the project.

We provide a full range of employment services from recruitment to termination of employment, including:

  • drafting, reviewing and revising employment contracts, training agreements, non-competition agreements, confidentiality agreements, employee handbooks, internal codes of conduct, and various types of HR agreements and documents;
  • advising on social insurance, commercial insurance and benefit schemes, employees’ protection, work injury and occupational diseases, anti-discrimination, personal data protection, etc.; advising on share incentive schemes and remuneration packages for senior management staff; assisting in applying for working visas and other procedures for residence for foreign employees;
  • participating in the collective negotiation between the client’s company and labour union, drafting, reviewing and revising collective contracts, and assisting clients in their communication or collective negotiation with labour union or staff members;
  • representing clients in the negotiation, arbitration and litigation in employment disputes; assisting clients in tackling difficult and unpredicted personnel incidents; assisting clients in resolving employment disputes in any part of China; advising companies on the handling of senior staff members who have been committed criminal act or corruption, etc.; and
  • assisting companies in determining staff deployment or transfer in the course of mergers and acquisitions, restructuring or liquidation; participating in the negotiation, drafting and review of relevant legal documents.

If you would like to know more about our China Law practice or how we can help your business, please contact us at (852) 2810 1212 or at china@onc.hk

Please refer to our articles in ‘Knowledge’

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