Summit Forum in Celebration of 10th Anniversary of the Introduction of Labour Contract Law and 2018 Annual Meeting of Dentons China’s Labour and Human Resource Committee took place in Chengdu

Labour relation, a linchpin in our society, is closely associated with the interests of employees and businesses, and has a bearing on economic and social development. In commendation of 10th anniversary since Labour Contract Law was introduced, a special Summit Forum, sponsored by Dentons Beijing and Human Resources and Social Security Committee of Sichuan Law Society, organised by Dentons Chengdu, Dentons China’s Labour and Human Resource Committee, and Labour and Human Resource Committee of Dentons Beijing, and supported by Sichuan Labour Protection Magazine, was held in the Tibet Hotel of Chengdu on 23 June. Amongst the attendees is Liu Shoumin (senior partner), vice-chair of All China Lawyers Association, NPC representative, and head of Dentons Chengdu office.

At the meeting, top 10 litigation and non-litigation cases were revealed.

Top 10 Non-Litigation Cases of 2017

1. Genwang Zhang (Shanghai): advising a foreign company on quelling organized work-to-rule.

2. Xiaoming Feng (Wuxi): advising a private company on dealing with labor redundancy caused by closure of its factory.

3. Yong Fu (Beijing): advising a SOE on dealing with labor redundancy as the result of cutting capacity.

4. Dengyong Tong and Mingming Xie (Ningbo): protecting interest of international crew under the 2006 Maritime Labor Convention, and assisting 10 Ukrainian crew members, trapped in the ship factory for months, with repatriation and claim of compensation and benefits after the Greek owner abandoned the Liberian ship. This case is the first of its kind in China.

5. Aoshuang Yang (Shanghai): advising a bank on appropriately dealing with a claim made by an employee who fell on the floor of an unmonitored toilet and passed off a prior injury as a new work-related one. The authority eventually ruled against the employee’s claim.

6. Kun Yu (Kunming): assisting a SOE on a mass labor dispute following the withdrawal of the company’s foreign representative office.

7. Jie Zhang (Zhuhai): advising a Zhongshan-based company on economic dismissal.

8. Hua Zhu (Nanning): advising a SOE on dealing with labor redundancy caused by the reform that leads to the segmentation between major and minor businesses.

9. Cong Peng (Shenzhen): advising a foreign company on addressing labor redundancy caused by closure of its factory.

10. Lingang Cui (Shijiazhuang): advising the family members of a person on “death by overwork” claim.

1. Yi Zhang (Chongqing): successfully representing a company in an employee dismissal case. The dismissed employee was an EHS (Environment, Health and Safety) manager, who violated the Environmental Protection Law when handing over hazardous waste articles to unlicensed third-party for transportation and storage. The company had no specific regulations or rules covering such circumstances. With Ms. Zhang's assistance, the dismissal was supported by the court.

2. Lijie Zhang (Beijing): acting as the legal advisor for an enterprise (a former state-owned publisher) on a labor dispute with a retiree in relation to social insurance treatment arising from the transformation of the client (from a state-owned institution to a company). The court finally dismissed the employee's claims for accelerated accumulated compensations.

3. Jing Miao (Hangzhou): advising on an employment contract dispute arbitration case between a professional player and a club.

4. Weizhong Fang (Fuzhou): representing a SOE in handling a labor dispute caused by an executive's leave of the "civil servant position". The company treated this act as a resignation and it was supported by the court.

5. Haojun He (Kunming): advising a SOE on class labor disputes triggered by government-led transformation. The court dismissed this case for lack of jurisdiction over such cases.

6. Feng Yuan (Guangzhou): representing an employee in a contract dispute with the employer. In the contract, the employee and the employer agreed that "If any party unilaterally terminates the employment contract, it shall pay the other party a penalty of RMB2 million". After several rounds of proceedings, the penalty clause was declared invalid by the court.

7. Yueqian Li (Yinchuan): representing a SOE in a review of a labor dispute case concerning responsibility as an employer and confirmation of factual labor relations. In the first and second instance, the labor relations were confirmed, but the decisions were revoked at the review court.

8. Fanxin Zeng (Shenzhen): acting as the legal advisor for a SOE on a labor dispute caused by economic layoffs. While the arbitration tribunal ruled that the termination was unlawful, the courts of first and second instance both ruled in favor of the company.

9. Lin Lin (Shenzhen): advising a foreign-funded enterprise on a dismissal case arising from the employee violating the company's anti-corruption policy by borrowing money from the suppliers. The arbitration tribunal ruled that the termination was legal. The employee pursued lawsuit but dropped this case one day before the first trial.

10. Wentao Wang (Qingdao): representing a foreign-funded enterprise on a dismissal case arising from the employee neglecting due job responsibilities. The arbitration tribunal ruled that the termination was legal.

The Summit Forum saw a record attendance and was well received. It showcases the height that Dentons lawyers can reach by working and pooling their expertise together. The meeting is an occasion where leaders develop plans on strengthening labour practice, which involves a diversity of substantive topics