Training zu Recht und Gesetz

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

With the awareness of employees‘ legal rights, labor disputes are becoming more and more common in daily labor management. Labor disputes can cause severe problems for an organization – not just reputation wise but also financially. Moreover, they reflect the problems during labor management which may reduce motivation and productivity of employees. It is important to identify and immediately address any labor disputes as well as the problems behind.

In this course, participants will gain an overall understanding of labor disputes in China and learn comprehensive strategies on certain issues which will significantly support attendees’ daily work as well as the labor disputes.

Content

Overview of Labor Disputes in China

Main Patterns on Labor Disputes Solution

• Labor Supervision
• Labor Arbitration
• Labor Litigation
• Labor Complaint

Common Disputable Points in Labor Disputes

• Remuneration
• Termination and Expiration of Employment Relationship
• Nonpayment or Underpayment of Social Insurance and Housing Fund Contributions

Evidence Requirements in Labor Disputes —— Analysis on the Case Study Basis

• Application of Business Suspension
• Company Relocation
• Unilateral Termination by the Employer
• Misconduct of the Employees
• Significant Change of Objective Circumstances
• Incompetence of the Employees

Tendency of Labor Disputes Solutions in China

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

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

More and more companies are recognizing legal compliance as one of the conditions to long-term success in China. Legal compliance of corporate conduct is basically conditional upon its employee’s conduct. But „Risk comes from not knowing what you are doing.”, employees may not always have the up-to-date knowledge of the latest compliance rules due to the ever-increasing complexity and rapid changes in laws and regulations. This comprehensive training is designed to ensure employees can be aware of the bottom line when dealing with gifts and entertainment, expense reimbursement, conflict of interest, etc. Furthermore, to raise awareness, hot topics like data protection and infringement of trade secret will also be introduced.

Content

Anti-corruption

• Corruption VS benefits delivery; Gifts and entertainment;
• Bribery committed by employee/company;
• Penalties, illegal gains and liability (employee and company);
• Local enforcement cases and practical trend.

Expense reimbursement fraud

• Expense Fraud;
• Punishment cases;
• Consequences: termination and embezzlement under P.R.C criminal law

Conflict of interest

• Case study (non-competition restrictions and prohibition of making profits for friends and relatives);
• Corporate law (fiduciary duties towards the company);
• Labor contract law, employee handbooks, Code of Conduct

Data protection

• Normal Management & Employees‘ Privacy;
• Processing Employees’ Personal Information;
• Liabilities and Punishment;
• Hiring; Daily Operation; Termination

Infringement of trade secrets

• Technical information and business information;
• Legal provisions and punishment cases;
• Administrative penalties and Crime of infringing on trade secrets;

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

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