Lucy Lu | January 2016
Transcription
Lucy Lu | January 2016
Lucy Lu | January 2016 About King & Wood Mallesons 11 Offices in Mainland China and Hong Kong 2,100employees 1,200 lawyers and legal professionals 230 partners About KWM China Founded in 1993, King & Wood PRC Lawyers is one of the first partnership law firms approved by the Ministry of Justice. The firm aims to provide high quality and efficient legal services to Chinese and foreign clients alike and has grown to become one of the largest law firms in China. On March 1, 2012, King & Wood PRC Lawyers combined with the leading Australian law firm Mallesons Stephen Jaques, and launched a powerful new brand - King & Wood Mallesons. On November 1, 2013 ,King & Wood Mallesons combined with SJ Berwin, a leading European law firm, to build a new global law firm based in Asia. The combination continues to reshape the global legal industry with King & Wood Mallesons being the only global law firm which is headquartered in the Asia Pacific and focused on connecting Asia to the world and the world to Asia. 2 Recent Changes in 2015 and 2016 National People’s Congress (Standing Committee) Population and Family Planning Law (effective on January 1, 2016) - Cancellation of “Late Marriage” and “Late Birth” Rewards - Impact on female employees and maternity insurance fund Ministry of Human Resources and Social Security (MOHRSS) Rules on Lay-off (Draft for Comments) - Report and File Process - Stressing the Functions of Trade Union Supreme People’s Court Interpretation on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (V) (Discussion Draft) - Two consecutive fixed term contracts - Range of Employer’s management power 3 New Policies of Immigration 1. Permanent Residence Permit Why Permanent Residence Permit? Tax benefits and exemptions, no need to apply for work permit, Investing restrictions, purchasing real estate, etc. Conditions Previous Policy Shanghai Policy Stay in China No less than 9 months per year No less than 6 months per year Applicable Scope Only apply for limited positions (vice GM or above) All overseas talent determined through market approach and administrative approach Age limit Under 60 For high level talent determined through administrative approach, no age limit. Review Period: 6 months 60 days 4 New Policies of Immigration 2. Recruiting Foreign Students Previous Policy Shanghai Policy Post-graduate (from university located in Shanghai) Generally Prohibited The application of working permit requires 2 years’ related work experience Only employed in Zhangjiang Hitech Park or FTZ Relevant major required (excluding language) X visa to Z-Visa Tips: 1.Requirement of specific position; 2. Registration/de-registration of work permit; 3. Foreign interns. 5 New Policies of Immigration 3. High Level/Overseas Talent The determination of “high level talent” and “overseas talent” shall be applied by the domestic employer, guarantee may be required. Condition and Standard: - market approach (for overseas talent): salary income more than RMB 600,000, and RMB 120,000 IIT contribution per year. - administrative approach: (for instance)“Middle or senior level personnel of management/technology in enterprise with more than USD 3,000,000 registered capital”. No longer limited by the “Age under 60” condition when applying for residence permit. R Visa (Rencai) Hiring Foreign Private Service Personnel Previous Policy Shanghai Policy Allowed for High Level Talent Prohibited Guarantee (RMB 100,000) and Physical Insurance S1 Visa (endorsed “Personal Service”) 6 Talent Attraction/Retention Talent Shortage Reaction Tools More workload on employees Retention/Entry bonus no salary increases incentive plans no career development Training and service bond global recession Working environment and flexibility 7 Thank You! Lucy Lu King & Wood Mallesons T +86 21 2412 6015 Email: lucy.lu@cn.kwm.com Website: www.kwm.com