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: [email protected]
Website: www.kwm.com