How to Deal with Troublemakers in Your Company

Transcription

1 HK Law Society CPD course *Applying for accreditation is in progress. Professional Information for You How to Deal with Troublemakers in Your Company Hong Kong Friday, 14 September :00pm - 5:30pm English Shanghai Friday, 07 September :00pm - 5:30pm English Supported by

2 BACKGROUND How to deal with troublemakers? After being hit by lots of agonizing issues on HR management in China, many senior executives of multinational corporations ( MNCs ) come up with the question are longing for the solutions. However, due to the complex employment environment and favorable employment regulations to employees, it is hard to properly handle undisciplined employees. As a consequence, many companies become bogged down with tremendous time cost, as well as to pay huge amounts of monetary compensation and penalty. How to deal with the troublemakers who are absent without approval, involved in conflicting transaction, disobedient and involved in financial violation? How to set up a reasonable system of HR management? How to fire the troublemakers at reasonable costs? PEO is honored to invite John Dong, the expert on Chinese employment law, to discuss the real employment cases in China, and to share with you pros and cons of multinational companies current HR management strategies. Also, best practice and recommendation will be provided on how to handle employment disputes. SEMINAR OUTLINE Case One: Absence without Approval G is an expatriate employee of Company A. Company A would like to end the labor contract with G when he is on vacation. During the vacation, Company A and G reach a consensus verbally but fail to sign an agreement. After the vacation, G comes back to the company to work for one day. After continually failing to show up for 15 days, G is dismissed for severe violations of discipline. Then G takes Company A to court. How to define absence without approval? What could the company do in terms of absence without approval by employees? How could the company record and prove the absence without approval? What might the employee react to the corporate action? Case Two: Conflict of Interests R is responsible for seeking for suppliers for the company. However, the supplier R has found is actually managed by his father and sister. How to define conflict of interests? Is conflict of interests a statutory reason for the company to terminate an employee? How to set up a reasonable system of conflict of interests? How to manage those employees who might be involved in conflicting transaction? Case Three: Disobedience M is a design director of a company and refuses to accomplish the assignment directly instructed by CEO. M s reason is that the assignment is not consistent with his position as a design director. How to define disobedience? How to effectively make a job description of a single employee? How to prove disobedience?

3 Case Four: Financial Violation J applies for an advance payment but fails to put the advanced money in the designated way. The company regards that J has embezzled corporate fund and wants to claim back the loss. What are the general kinds of financial violation? What should the company do if the company wants to fire J? How could the company claim back the money? AGENDA OF CASE STUDY Overview of the case Discussions: What to do? How to do? More information: What about the defense process in the court? Comments and analysis: Pros and Cons Practice recommendations SPEAKER John Dong Partner, Baohua Law Firm Mr. Dong has extensive experience in labor law, commercial related civil litigation, arbitration, court enforcement and general corporate and the like. Mr. Dong has for long engaged in the practical and theoretical regimes of labor and employment law, has provided legal service to many multi-national corporations and large-scale stated-owned corporations such as Carrefour, General Motor, General Electrics, Jiaotong Bank and so on. Services provided to those corporations include Chinese and English legal consultancy, legal document reviews, collective bargainings and litigations. Education Bachelor of Law of East China University of Political Science and Law, majored in International Economic Law; LLM (Master of Law) of Vanderbilt Law School in U.S.A. Professional Qualification NY Bar Admitted Chinese Bar Admitted Academic Achievement Mr. Dong has published quite a few legal articles, some of which were embodied by the core legal journals such as Heibei Law Science. The book authored by Mr. Dong, Case Analysis on Latest PRC Labor Contract Law (Chinese English version, Co-author Dong Baohua, Law Press) has been highly complimented. Award Asia s Leading Lawyer of Employment of the Year 2011 by Chambers & Partners

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5 REGISTRATION FORM Participant s Details Company (It will be the name printed on the Invoice.) Yes! Please register me with the seminar: How to Deal with Troublemakers in Your Company Case study workshop on handling of undisciplined employees under Address Tel No. Participant (1) Fax No. Shanghai Date: Venue: Hong Kong Date: Venue: Language: English Friday, 07 September 2012 (2:00pm - 5:30pm) Swissotel Grand, Shanghai 1 Yu Yuan Road, Jing An District, Shanghai Friday, 14 September 2012 (2:00pm - 5:30pm) Worldwide Executive Centre Level 10, World-Wide House, 19 Des Voeux Road Central, Hong Kong Fee** (RMB / Person) Discount* PEO Event Combo Pass Free * for PEO s client Event Pass Code: Participant (2) * PEO s client refers to a company attending any PEO past events. PEO General Pass Holders will be entitled to free participation. ** The fee includes event materials, certificate of attendance & refreshment. Payment Options Bank Transfer Bank : Account : Account Number: Please provide the Taxpayer s ID Code ( Participant (3) Please remind me by phone one day before the event. If a specific contact person assigned, please state. UnionPay (SH Session Only) I want to pay in HKD. (Normal: HKD1800 / Discount: HKD1500) Bank transfer to PEO HK account Bank : Hang Seng Bank Limited Account : PEO (HK) Co., Ltd. Account Number: (HKD) Please debit my credit card of HK$ Visa MasterCard Card Number: Holder s : Expiry Date (MM/YY): Contact Person Tel No. Signature: Holder s Singnature: **Invoice will be given on site.**» This event is by invitation only. Due to limited seats, early registration is encouraged.» Reservations will be confirmed on a first come first served basis upon receipt of the registration.» A substitute delegate is welcome at any time without extra charge if you are unable to attend.» Any absence without prior notice may cause your enrollment in next activity to be put into waiting list.» PEO reserves the right to postpone or cancel the event due to unforeseen circumstances. Please complete this form and fax back to PEO. Contact person: Kaka Li Tel: (+86) Fax: (+86) : [email protected] HK Tel: (+852) Fax: (+852) EDM