作者：莫里斯 & 弗兰克
到目前为止，法律服务市场的变革仍然充满怀疑论者。自2007年的《法律服务法案》生效以来,我们还没有看到一项技术像Amazon 和 Uber那样给法律服务行业带来一场革命。 Continue Reading 法律创新专题——科技驱动下的法律服务行业变革
On Calculation of Monthly Salary in the Case of Absence
By Yin Juquan, Zhang Yuanhao.King & Wood Mallesons’ Commercial & Regulatory group
For a new employee who has served less than a month, or an employee with leave of absence, his/her pay may need to be calculated based on an incomplete month. The law does not specify a calculation method in these circumstances. This article analyzes two typical monthly salary calculation methods for employees who have taken leave of absence.
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Does a non-compete obligation not apply to ordinary employees during their employment?
By Jiang Junlu, Luo Kaitian, Wu Di King & Wood Mallesons’ Commercial & Regulatory group
In September 2008, Mr. Li signed a three-year fixed-term employment contract and a non-compete agreement with Company A, an internet finance business. It was agreed that, as a business specialist in Company A, during his employment and for one year afterwards, Mr. Li would not engage in any competitive conduct without the consent of Company A. There was a liquidated damage clause for breach of the non-compete obligation.
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普通员工在职期间不适用竞业限制？
New Measures for Supervising Compliance of Employer
By Lucy Lu, Huang Lu King & Wood Mallesons’ Commercial & Regulatory group
On July 25, 2016, the Ministry of Human Resources and Social Security issued Measures of Grading Evaluation of Compliance and Integrity of Enterprises’ Labor Protection (hereinafter referred to as “Measures of Grading Evaluation”). This grading evaluation of the compliance and integrity of labor protection will begin on January 1, 2017. The Measures of Grading Evaluation set out new requirements and implement an evaluation system for compliance with the law, and an enterprise classification system. The Measures of Grading Evaluation grades the compliance and integrity of enterprises’ labor protection in three classes A, B and C, and the class evaluation results will be added to the compliance file of the enterprise for at least three years. The Measures of Grading Evaluation specifies the circumstances that will be attributed to level C, and explicitly guides the conduct of the grading evaluation The measures are beneficial for supervision of businesses, standardizing enterprise behavior and building harmonious labor relationships. An enterprise will become a primary target of labor protection supervision in the event it is rated as level C, and the human resources and social security administrative departments will arrange meetings with the responsible person of the enterprise and urge the enterprise to comply with labor protection laws and regulations.
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劳动保障违法企业将面临官方“差评”
作者：陆慧文 黄璐 金杜律师事务所商务合规部
2016年7月25日，人力资源和社会保障部印发了《企业劳动保障守法诚信等级评价办法》(以下简称为“《等级评价办法》”)，决定自2017年1月1日起对企业进行劳动保障守法诚信等级评价。该《等级评价办法》对企业守法诚信提出了新的要求，并对企业守法诚信实行评价制度，实施分类监管。《等级评价办法》将企业劳动保障守法诚信等级划分为A级、B级和C级，且该守法诚信等级评价结果将会归入企业劳动保障守法诚信档案，至少保留三年。同时，《等级评价办法》将属于C级的情形具体列明，对各地人力资源和社会保障行政部门开展企业劳动保障守法诚信等级评价工作具有明确的指导作用，有利于进一步加强企业监督，规范企业行为，构建和谐劳动关系。此外，被评为C级的企业，将被列入劳动保障监察重点对象，强化劳动保障监察日常巡视检查；同时，人力资源社会保障行政部门也将对企业负责人、直接责任人进行约谈，敦促其遵守劳动保障法律法规。
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个人信息保护的百万罚单时代来了？
作者：宁宣凤 尹冉冉 卫凌波 黎辉辉 金杜律师事务所商务合规部
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016年11月7日，全国人大常委会审议通过了《中华人民共和国网络安全法》（“网络安全法”），该法将于2017年6月1日正式实施。一经发布，网络安全法即引起社会各界的广泛关注，“网络空间主权”、“网络安全等级保护”、“关键信息基础设施”等一系列概念顿时成为了社会讨论的热点话题。
而网络安全法的另外一大亮点是其中关于个人信息保护的相关条款。个人信息保护法的草案曾于2008年提交国务院立项审查，但此后立法进程即停滞不前。因此，在网络安全法出台之前，我国个人信息保护规则仅散见于多部不同的法律法规和规范性文件中，如《侵权责任法》、《刑法》、《治安管理处罚法》、《消费者权益保护法》和《全国人大常委会关于加强网络信息保护的决定》等。网络安全法的出台为个人信息保护制度开创了多个“首次”，尤为引人注目。
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The discretionary disappearing trick: when bonus clauses are not what they seem
By Cerys Williams King & Wood Mallesons’ London office
Bonus discretion, or the lack of it, has been under judicial scrutiny again this month in the Court of Appeal decision of Brogden v Investec.
The case concerned the operation of a contractual bonus scheme with a set percentage of “EVA” (Economic Value Added) by a division within Investec being put into a bonus pool for subsequent distribution to participating employees. The EVA was calculated by an automated process but impacted by factors over which Investec had control, such as the notional rate of interest applied to funds generated by the unit. For the year in question, based on the EVA calculation methodology, the unit recorded a loss and accordingly no bonus was paid. Two bonus participants challenged this outcome on the basis that EVA should have used its discretion to calculate EVA differently and with a broader emphasis on the value generated by the unit.
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Navigating Novation: Are your liquidated damages safe?
By Scott Budd King & Wood Mallesons’Brisbane office.
The novation of a construction contract to new owners of works is commonplace. The result of a novation is that the original contract is discharged and a new contract is created. And commonly, such novations are effected through pro forma or standard form novation deeds which do no more than simply provide for the change in parties.
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Financial Institutions: How Far Are You from the Cyber Security Law?
By Lou Xianying (Cecilia), Fu Guangrui (Mark),Gong Wenyi, Liang Yixuan and Chen Yun (Robert) King & Wood Mallesons’ Shanghai office
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n November 7th, 2016, China passed the Cyber Security Law (the “Cyber Security Law”) of the People’s Republic of China (“PRC” or “China”) after three readings of its drafts. The new law is to take effect as from June 1st, 2017. Being the first legislation in the cyber security field, the Cyber Security Law may have profound impacts far beyond expectations. For this reason, an in-depth study of the Cyber Security Law along with the relevant authorities’ further interpretations and practice would be necessary.
The Cyber Security Law widely applies to the construction, operation, maintenance and usage of networks within the territory of China. It lays down specific regulatory requirements on the network operation and information security that network operators should abide by. Notably, the Cyber Security Law introduces the concept of “Critical Information Infrastructure (CII)”, makes specific references to the sector of the financial services under the definition of the CII, and imposes a higher level of cyber security protection obligations on the CII operators.
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