近日，上海市人大常委会表决通过《上海市集体合同条例修正案》(“修正案”)，该修正案将于2015年10月1日起实施。修正案进一步完善了工资集体协商内容方面的条款，强调了工会在集体协商当中的作用，并对拒绝进行集体协商的企业规定了一定程度上的处罚。
工资集体协商内容的完善
修正案在常规的工资分配制度、工资标准、工资分配形式、工资支付办法和工资调整幅度之外，明确将(1)奖金、津贴、补贴等分配办法；和(2)加班、试用期、病假、事假的工资待遇纳入工资集体协商的内容。 Continue Reading 解读《上海市集体合同条例修正案》
By Yin Juquan and Zhang Yuanhao King&Wood Mallesons’ Labor Group
The Shenzhen Municipal Bureau of Human Resources and Social Security (“SMBHRSS”) recently issued the “Implementation Measures of the ‘Rules of Guangdong Province on Maternity Insurance for Employees’” (Hereinafter as the “Implementation Measures”), which includes a series of operation specifications in accordance with the “Rules of Guangdong Province on Maternity Insurance for Employees” (Hereinafter as the “Rules”), as well as in combination with the local practice. Below is the summary of several key points of the “Implementation Measures” to present the updates of legal practice on maternity insurance in Shenzhen. Continue Reading Better late than never – Shenzhen launches new maternity insurance policy
近日，深圳市人力资源和社会保障局发布了《深圳市人力资源保障局关于<广东省职工生育保险规定>的实施办法》（下称“《实施办法》”），针对《广东省职工生育保险规定》（下称“《规定》”）并结合本地实际制定一系列具体的操作规范。以下将选取《实施办法》的几个要点作简要介绍，以呈现深圳市生育保险实务的最新情况。 Continue Reading 见微知著：深圳市生育保险实务新热点
近日，上海证券交易所（下称上交所）和深圳证券交易所（下称深交所）对38个证券异常交易账户采取限制交易措施，引起证券市场广泛关注和热议。什么是证券异常交易？证券异常交易的法律后果是什么？证券账户被认定为异常交易、被采取限制交易措施，如何进行法律救济？本文将结合相关规定及实务对相关问题予以探析。
沪深交易所重拳出击“证券异常交易”，打击重点是“程序化交易”
2015年7月31日和8月2日，上交所和深交所分两批对34个存在异常交易的账户采取了限制交易措施。 Continue Reading 证券账户异常交易的认定及法律救济
By Mark Hoyle King&Wood Mallesons’ Dubai Office
In the language of lawyers praising a jurist, the word “greatest” is usually an overblown epithet. There is one man though that many consider, rightly, to be the Arab world’s greatest jurist in modern times. Dr Abdel Razzaq Al Sanhouri was the eminent jurist, teacher, writer and draftsman of many laws and codes in the Arab world. Al Sanhouri was born in 1895 in Alexandria in Egypt, and died in 1971 in Cairo.
In the past 75 years there have been many reforms and new definitions of Arab law. The establishment of the Arab League post 2nd. World War mirrored the enthusiasm for a pan-Arab legal consensus. As a result there have been a considerable number of legal developments in all of the Arab League states. The positive developments, such as more consensus in legal learning and education, the exchange of ideas, the employment in the Gulf states of judges (and lawyers) from Egypt, Palestine, Syria, Lebanon, Sudan and elsewhere has naturally brought about a different legal landscape. There is clearly a more holistic legal approach, whether or not a reader looks at the Gulf States on their own, or the Arab countries in the Mediterranean, or those further centred in the Middle East. From the 1920s Al Sanhouri was a leader of the pan-Arab legal development process.
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By Liang Linda Qin Wen King&Wood Mallesons’ Labor Group
Feeling stressed and worried may be the first reaction of many company managers when they are directed to initiate a layoff. They are stressed by having no choice but to proceed with the layoff, and they are worried about the uncertainties inherent in terminating employee’s contracts. Layoffs involve numerous legal issues and the possibility of unexpected events. Therefore, having a good plan of action is crucial to the successful implementation of a layoff.
How should a layoff plan be optimally structured? What should be included in such a plan? To answer these questions, this article summarizes our experience dealing with layoffs and delivers key strategies to help those companies currently facing the need to lay off staff.
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By Gao Feng Paul Starr King & Wood Mallesons’ Dispute Resolution Group
The involvement of Chinese “giants” in arbitration outside of China has come at a price. Parties can lack experience at how best to handle international disputes. They rush precipitously into relationships with “local” on-the-ground law firms who themselves do not necessarily have sufficient international arbitration expertise, and more significantly lack the cultural knowledge and language skills to act as sufficient liaison. In this article, we share what we believe are the seven most serious mistakes made by PRC entities when trying to arbitrate abroad. We respectfully venture to add that these mistakes are by no means confined to Chinese clients – all parties embarking on dispute resolution in a country unfamiliar to them would do well to reflect on what follows. Continue Reading Chinese “giants” and overseas arbitration
