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Training zu Recht und Gesetz

Die German Centre Taicang Academy bietet folgende Trainings zu Recht und Gesetz an.

Date: Friday, 21 April 2023
Time: 3:00 pm – 5:00 pm
Venue: German Centre Taicang
Language: English
Price: 800 RMB per person
Participants: max. 15

Course Introduction

In recent years, China has enacted a series of laws, regulations, implementation rules, and standards in the field of cyber security and data protection. As China’s regulatory framework for cybersecurity and data protection becomes ever more clear, the need for companies to conduct and demonstrate compliance with the requirements of regulated authorities is imminent. For MNCs, the bigger concern is the cross-border data compliance. How to securely and legally enable data transfer across border in China? Facing all these challenges, we wonder “Data Compliance Challenge?” In this seminar, you will hear from our speaker ‘s views on how SMEs can comply with China’s strong data security regulation requirements step by step.

Target audience

Lawyers & Legal Professionals, General Managers, Business Owners, Corporate Counsel, IT Professionals, Human Resources Managers, Risk & Compliance Professionals, Contract Administrators and anyone interested in gaining knowledge

Training Content

Overview of China’s legal framework for cybersecurity and data protection

  • Legal hierarchy: CSL, DSL, PIPL
  • PIPL vs GDPR – commonalities and key differences
  • Information safety management (the basics for every organization )
  • Getting serious with MLPS: data classification, graded protection & registration/certification system
  • Industry-specific regulations and standards

Cross-Border Data Compliance (Case Sharing)

  • Different use cases in cross-border business
  • Analyzing your cross-border data flows: data mapping & classification
  • Which one do you need: self-assessment, certification, or security assessment?
  • What is it and how to perform data transfer impact analysis?
  • The Standard Contract – Magic tool for MNCs?

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on corporate/M&A, complex disputes, employment law, data compliance, intellectual property protection and tax law.

Date: Friday, 2 June 2023
Time: 3:00 pm – 5:00 pm
Venue: German Centre Taicang
Language: Chinese
Price: 800 RMB per person
Participants: max. 15

Course Introduction

Since the sales department is directly related to the financial benefits of the enterprise, and the sales staff of the enterprise also represents the image of the enterprise in the process of interacting with external customers, agents, distributors, other parties, etc., Compliance loopholes in the sales process may not only lead to financial consequences in terms of lost profits, but could also cause serious damage to the reputation and brand image accumulated by the enterprise over the years. Therefore, sales compliance is undoubtedly an important part of an enterprise’s compliance system. This seminar, by sharing cases and practical experiences, aims to helping enterprises identify the compliance risks in the sales process and establish a compliance firewall in the sales process from various dimensions such as workflow management, rules and regulations design and sales staff management.

Target audience

Compliance Professionals and Sales related Mid-senior management in all industries

Training Content

Identification of Sales Related Compliance Risks

  • Introduction of typical risks (bribery, conflict of interests, anti-trust etc.)
  • Getting serious with compliance risks in sales process (case sharing)

Improvement of Internal Procedures and Regulations

  • Review and improve sales procedures (price management, maintainance of client resources)
  • Sales Channels: Key points in the selection of distributors and the formulation of distribution agreements
  • How to involve sales related compliance requirements in general regulation of the company (Code of Conduct, Employee Handbook, etc.)?
  • “Red Flags” in the policies relating to appraisal and incentive of sales employees

Management of Sales Activities

  • Case sharing focusing on investigation and evidence collection of fraud cases committed by sales employees
  • Main focuses in daily management (reimbursement, sales related documentation, etc.)
  • Specific compliance audit, how to make it as an efficient supplement to daily management?

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on corporate/M&A, complex disputes, employment law, data compliance, intellectual property protection and tax law.

Date: Wednesday, 16 November 2022
Time: 3:00 pm – 5:00 pm
Venue: German Centre Taicang
Language: English
Price: 800 RMB per person
Participants: max. 15

Course Introduction

Human Resource is the key to the business success. An effective HR professional has knowledge and experience of all compliance issues relating to employee benefits & compensation, leave entitlement, confilict of interest and disciplinary management. It is crucial that HR professionals have knowledge of laws that affect HR management and that they are capable of desiging and implementing internal guidelines that take the legal requirements into consideration in a compliant way, because any overlook/neglect of the relavant legal requirements might result in penalties, labor disputes, damanaged reputation and lost profits.

In this course we will help you get a clear HR management framework, and help HR professionals, from the perspective of labor disputes, to develop internal policies in a more simpler and more compliant approach and deal with day-to-day matters in accordance with the policies in a more comprehensive manner.

Target audience

Mid-senior managment and HR Professionals in all industries

Training Content

I. Policies and labor disputes

  1. Requirements on policies
    1. Legitimacy
    2. Reasonableness
  2. Overview of labor disputes
      1. Daily disputes
      2. Report, labor arbitration, litigation

II. Design of policies

  1. Remuneration
    1. Structure
    2. Bonus
    3. Overtime payment
      Case study: RMB 2 million overtime claim? Are departing employees still entitled to year-end bonuses?
  2. Holiday management
    1. Annual leave
    2. Sick leave
      Case study: Is the company required to pay compensation for unused company leaves? Is „sick leave“ a „gold medal“ for exemption from termination?
  3. Reimbursement
    1. Application requirements
    2. Application period
      Case study: How can a company confirm that the invoices for false claims were submitted by the employees themselves?
  4. Conflict of interests
    1. Definition
    2. Requirements
      Case study: How was the use of a close family member to start a competing company discovered?
  5. Disciplinary
    1. Management by levels
    2. Compliant process
      Case study: How to define the damage caused to the company? How to determine the boundaries of reasonableness of disciplinary action?

III. Procedural requirements of the policies

  1. Legal requirements
  2. Local practices

IV. Conclusion

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on complex disputes, corporate/M&A, employment law, data compliance, intellectual property protection and tax law.

Date: Friday, 2 September 2022
Time: 1:30 pm – 5:30 pm
Venue: German Centre Taicang
Language: Chinese
Price: 1,200 RMB per person (the participation fee includes coffee break)
Participants: max. 15

About Luther

Luther Rechtsanwaltsgesellschaft mbH, with some 420 lawyers and tax advisors, is one of the leading corporate law firms in Germany. In addition to having offices in every economic centre throughout Germany, Luther is also present in ten locations across Europe and Asia.

Luther Law Offices in Shanghai employs more than 20 international and local lawyers and is the largest German-speaking law firm in the city.

Luther Shanghai is fully licensed to offer legal services in China and provides advice on all questions of Chinese law. We support foreign investors in the Greater China region on all legal matters with focus on Complex Disputes, Employment law, Corporate/M&A, Compliance & Internal investigations, Commercial and distribution law, IP law, Construction law, IT Law and Tax law. We also provide “one-stop” services covering corporate secretarial services, bookkeeping services, tax filing and payroll services.

Course Introduction

Professional sourcing and procurement staff should have adequate legal knowledge to identify pitfalls and minimize risks, and thus ensure smooth development in the procurement process and secure the supply of all goods and services required for business operation. This course covers a wide spectrum of topics including legal structuring of procurement, contract negotiation and management, export control system, warranty/product liability and dispute settlement, aiming to help local sourcing and procurement staff of multi-national companies get better equipped when identifying reliable suppliers for their overseas headquarters and conducting businesses with Chinese suppliers.

Content

Overview from legal perspective/Export control

  • Important commercial legislations
  • Chinese export control system

Legal structuring options

  • Import: direct sourcing or through trade agents
  • Sourcing via own entity established in China
  • VAT export refund

Contract negotiation and management

  • Supplier creditworthiness investigation
  • Fundamental principles of commercial contract
  • Letter of intent
  • Pre-contract liabilities
  • Contract conclusion
  • Validity of contract
  • Case study for contract conclusion/important clauses (payment, performance, termination, warranties, IP, damages, governing law, dispute settlement, etc.)

Warranty/Product liability

  • Inspection and compliant
  • Product liability of manufacturer and seller
  • Time limitations in the context of warranty/product liability

Dispute settlement

  • Governing law and jurisdiction
  • Litigation and arbitration (organizations, procedures and comparison between the both)
  • Case study for dispute settlement

Intellectual property protection

  • Art and form of IPR
  • Competent authorities
  • Protection methods for trademarks and patents
Date: Thursday, 20 January 2022
Time: 1:30 pm – 4:30 pm
Venue: German Centre Taicang
Language: Chinese
Price: 1,200 RMB per person (the participation fee includes coffee break)
Participants: max. 15

About Luther

Luther Rechtsanwaltsgesellschaft mbH, with some 420 lawyers and tax advisors, is one of the leading corporate law firms in Germany. In addition to having offices in every economic centre throughout Germany, Luther is also present in ten locations across Europe and Asia.

Luther Law Offices in Shanghai employs more than 20 international and local lawyers and is the largest German-speaking law firm in the city.

Luther Shanghai is fully licensed to offer legal services in China and provides advice on all questions of Chinese law. We support foreign investors in the Greater China region on all legal matters with focus on Complex Disputes, Employment law, Corporate/M&A, Compliance & Internal investigations, Commercial and distribution law, IP law, Construction law, IT Law and Tax law. We also provide “one-stop” services covering corporate secretarial services, bookkeeping services, tax filing and payroll services.

Course Introduction

As the most valuable intangible asset, IP is increasingly becoming an important part of a company’s assets, regardless of its industry or size, as it is a legal monopoly right that acts as a tool to help companies legally capture markets and exclude competitors. In this training, participants will be introduced to intellectual property to gain a solid understanding of intellectual property in general; and examples of how to protect products with intellectual property, what challenges companies may face in terms of intellectual property protection, and how companies can deal with counterfeiters.

Content

Intellectual Property Commercialization

  • What is IP?
  • Why IP is important?
  • Commercialization Process

IP Fundamentals by the Example of Dyson

  • Brief Introduction to IP
    • Patent
    • Registered Trademark
    • Copyright
    • Trade Secret
  • Sample – Dyson
    • Overview
    • Design Patent
    • Invention Patent
    • Registered Trademark
  • Enforcement of IP Rights
    • Overview
    • Civil Case [Case Study]
    • Criminal Case [Case Study]

IP-related Legal Provisions

  • Application of punitive damages [Case Study]
  • Relief of the burden of proof on the right holder
  • Open License

Key Takeaways & Recommendations

Date: Friday, 25 March 2022
Time: 1:30 pm – 4:30 pm
Venue: German Centre Taicang
Language: Chinese
Price: 1,200 RMB per person (the participation fee includes coffee break)
Participants: max. 15

About Luther

Luther Rechtsanwaltsgesellschaft mbH, with some 420 lawyers and tax advisors, is one of the leading corporate law firms in Germany. In addition to having offices in every economic centre throughout Germany, Luther is also present in ten locations across Europe and Asia.

Luther Law Offices in Shanghai employs more than 20 international and local lawyers and is the largest German-speaking law firm in the city.

Luther Shanghai is fully licensed to offer legal services in China and provides advice on all questions of Chinese law. We support foreign investors in the Greater China region on all legal matters with focus on Complex Disputes, Employment law, Corporate/M&A, Compliance & Internal investigations, Commercial and distribution law, IP law, Construction law, IT Law and Tax law. We also provide “one-stop” services covering corporate secretarial services, bookkeeping services, tax filing and payroll services.

Course Introduction

Flexible staffing aims to provide new ideas and methods for the companies to reduce labor costs within the legal scope. It encompasses all aspects of hiring models, working hours, employment management, etc. In this training, we will provide a variety of solutions for companies in terms of hiring, flexible management and remuneration designation.

Content

Various Forms of Flexible Hiring

  • Project-based labour contract
  • Part-time labour contract
  • Labour outsourcing

Working Hours

  • Flexible scheduling under standard working hours system
  • Special working hours system
  • Flexible working hours system
  • Comprehensive working hours system

Remuneration Arrangement

  • Fixed-salary and bonus
  • Overtime salary

Labor Management

  • Performance assessment
  • Contract termination

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