We can advise in all matters relating to labor law, whether to the contract of employment or to labor law in general, including for foreign employer and employees in China and in Switzerland. We can also assist you before the competent authorities and, in case of dispute, to negotiate a settlement or to represent you at court or, in China, before a labor arbitration tribunal.
John Liebeskind represented a group of workers laid off by their oil major employer after they refused the modification of their contract. Although the employer was registered in Switzerland, the place of work of one of them was China. The company operated under a dummy contract under Chinese law for meeting the latter’s requirement, while …
John Liebeskind represented a major Swiss NGO sued before Chinese courts by a Chinese employee dispatched by FESCO, a large State-owned dispatching agency. Because of its legal status, the NGO could not directly employ workers, but had to hire them from FESCO. The dispute highlighted the challenges posed by this problematic tripartite relationship.
John Liebeskind advised a Swiss company established in China for the downsizing of its workforces. In order to legally circumvent the legal procedure provided by Chinese law for mass layoffs, John advised his client to settle with each worker on the basis of a severance pay package with he individually calculated for each worker.
A representative office using temporary workers is challenging and more burdensome than direct employment, as agencies in practice release all responsibility after workers have been placed. Legal reforms have not clarified the situation, which means it may be time for investors to switch to a WFOE.