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Individual Dispute Handling



Provide solutions including scheme design and one-on-one staff communication regarding adjustments for uniquely challenging individual cases (e.g. special individual cases or challenging executive cases involved in non-compliance behaviors, poor performance, position adjustments etc.) to achieve enterprise objectives and a smooth staff transition.


The solutions include as follows,According to enterprise strategic objectives, we analyze social environment, legal environment, and local laws as well as our clients’ internal management status, comprehensively select and flexible use of Chinese labor law, and design feasible implementation scheme for enterprises. Under the control of time-cost and labor-cost, we make impossible adjustment goal possible.


Considering the right timing and opportunity for communication, we talk with employees by combing legal, emotional and rational factors thus help them release negative feelings, understand adjustment decisions, point out pros and cons of different options. The goal is to both reach company’ goals and ensure employee satisfaction, thus achieving a win-win situation.

The Total Management of Pre-lawsuit and Lawsuit Approach will take the entire arbitration and trial process into the overall solution scheme. We respect the legal right of both employers and employees, and make full use of the process of "arbitration and litigation" to find any opportunity of mediation and problem solving.


LABOURS consultants have abundant practical experiences in individual separation cases, enabling us to design a multidimensional solution that takes enterprise management objectives, Chinese labor laws, employees care and other factors into account, thus carry out effective communication with employees.

Among more than 20 years’ experience in labor relation adjustment, the success rate of achieving mutual agreements with employees has reached 99%.

 

Typical Cases

A production line worker of a famous Swedish dairy production company refused to carry out occupational disease identification intentionally and damage brand image. The company decision is to reach mutual agreement of termination with the employee.


A European pharmaceutical company terminated a regional director by applying the Article 39 of Chinese Labor Contract Law (i.e. disciplinary action), which however lack of enough evidence and the employee accused of the termination action to European head office.


A South Korean entertainment company canceled the position of deputy director of marketing, which caused the employee to take long-term sick leave deliberately. The company decided to terminate the labor contract immediately at his behavior.


A medical company decided not to renew the labor contract with one of it senior manager who hold different management concept with the company.


A famous state-owned enterprise in mainstream media industry, cancelled the duties and responsibilities of the financial management group leader due to organization structural change, which lead to termination of the employee’s labor contract accordingly.


A sale employee of a German listed pharmaceutical company had several disputes with internal leaders due to his reporting of compliance issues. The disputes caused huge scandal internally, which also causes challenges for the company to end the employee’s labor contract smoothly.



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