Employment Contract for Senior Executives Expatriates Working in China
Employment Contract for Senior Executives Expatriates Working in China document sample
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Employment Law Asia 2008 21st & 22nd Feburary 2008 9.00am- 5.00pm Holiday Inn ParkView Forward-thinking businesses are eager to gain a competitive edge by establishing operations in Asia. More than ever, professionals who have or expect to have responsibility for staff in Asia are faced with the challenge of finding timely quality information on relevant employment law and practice. For ‘ best practice’ advice on employment laws in Asian countries and clear explanations of how these laws work in practice, Employment Law in Asia 2008 is unmatched. It outlines the practical aspects of managing a regional cross-cultural workforce, as well as providing an accurate, timely picture of critical employment issues in the region of China, India, Vietnam, Philippines, Malaysia and Singapore. This seminar will clarify the legislative framework and new legal developments in Asia. It will also address the practical aspects of managing a cross-cultural workforce, and provide you with an ac- curate understanding of critical employment issues to consider when setting up and maintaining operations in Asia. Participating Organisations Event Supported by CHOOI & COMPANY Advocates & Solicitors • Notary Public • Registered Trade Mark Agents HURRY!!! SIGN UP NOW! Early bird ends 24 January 08 Who Should Attend Senior Level Executives, MDs, GMs, Directors, VPs, In-house Legal Counsels, HR Directors, HR Managers, HR Executives, HR Consultants, HR Advisors, Employee Relations professionals, All those involved in ad- vising on employment issues Programme Agenda Day 1 Programme Agenda Day 2 9.00am – 10.00am 9.00am – 10.00am Biswajit Chatterjee - HR Head, Asia Pacific Amanda Zhen Chen - Foreign Lawyer TATA Consultancy Services KhattarWong HR in India The Employment law updates & New Labour Contract Law in ▫ Management structures in Indian companies China ▫ Recruitment agents in India ▫ Introduction to Chinese employment law ▫ Interviewing candidates – the practicalities ▫ Examining the key Changes & their impact ▫ Loopholes & fallacies of the new employment contract law 10.00am – 10.30am: Coffee Break 10.00am – 10.15am: Coffee Break 10.30am – 11.30am Gregory Crovo - Partner 10.15am – 12.15pm Kelvin Chia Partnership Joint Presentation by Vikram Shroff & Vivek Kathpali Labour Laws & Employment issues in Vietnam Nishith Desai Associates ▫ Source of law: Labour Code, its amendment and regulations Employment Law in India ▫ Labour contract: type, substance, terms and conditions, the issue of ▫ Overview of Employment law regime in India collective labour agreement ▫ Expatriates working in India ▫ Wage: minimum wage, overtime payment ▫ Drafting employment contracts ▫ Working hours ▫ Obligations & liabilities when terminating employment ▫ Labour discipline and liability contracts ▫ Work safety and hygiene ▫ Managing employment disputes in India ▫ Recruitment: foreign employer, expatriate employee ▫ Social Insurance 12.15pm – 1.15pm: Networking Lunch ▫ Labour Dispute resolution and Trade Union 1.15pm – 2.15pm Gerard Louis Ambrose - Partner 11.30am – 12.30pm Chooi & Co Darrell Low - Senior Associate Drafting of Malaysian Employment Contracts Drew & Napier ▫ Key clauses to be included Recent developements in the Singapore Employment Law ▫ Types of employment contracts ▫ Overview of Employment Law in Singapore ▫ Analysis of Trends and Issues on Restraint of Trade Clauses in 2.15pm – 3.15pm Employment Contracts Steven Thiruneelakandan - Partner ▫ Case Analysis of the Singapore Court of Appeal decision in Stratech Shook Lin & Bok Systems Ltd v Nyam Chiu Shin  2 SLR 579 Key Issues In Malaysian Employment Law : The Adjudiction ▫ Case Analysis of the Singapore Court of Appeal decision in Man process & recent developments Financial (S) Pte Ltd v Wong Bark Chuan David  SGCA 53 ▫ Disciplinary procedures ▫ Consultation procedures 12.30pm – 1.30pm: Networking Lunch 3.15pm – 3.30pm: Coffee Break 1.30pm – 2.30pm 3.30pm – 4.30pm Suhaimi Lazim - Partner Trevor George De Silva - Partner Shook Lin & Bok Lee Ong & Kandiah Dispute resolution: grievances, disciplinary issues and dismissals Termination of Employment under the Malaysian Law ▫ Termination of employment in Singapore ▫ Brief overview of statutory protection for employees / ▫ Grounds for dismissal workmen ▫ Disciplinary procedures ▫ Valid grounds for termination : what is ‘just cause and ▫ Redundancies and reorganisations excuse’ ▫ Workmen Compensation in Singapore ▫ Constructive Dismissal : the concept and its consequences. ▫ Consultation procedures ▫ Mutual termination: Is it effective? ▫ Case Study 4.30pm – 5.30pm 2.30pm – 3.00pm: Coffee Break Leslie C. Dy - Partner 3.00pm – 5.00pm SyCip Salazar Hernandez & Gatmaitan Joint Presentation by A/Prof Catherine Tay & Chin Hooi Yen Employment Law Issues in Philippines NUS & Gateway Law Corporation ▫ Sources of Philippine Labour Law Recent Developments in Workplace Safety and Health Laws in ▫ Overview of Labour Standards & Labour Relations Singapore ▫ Immigration laws for foreign workers ▫ The duty of care of employers, suppliers and manufacturers ▫ Recent law on labour organisation ▫ Tort of occupier’s liability ▫ Termination & Dismissal in Philippines Drafting of Employment contracts ▫ Types of employment contracts ▫ Key Clauses to be included in an employment contract End of Conference Speaker’s Profile Associate Professor Catherine Tay Swee Kian National University of Singapore (NUS) Department of Business Policy Catherine Tay lectures business law at the NUS Business School. A/Prof Tay is an Advocate and Solicitor, Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). A/Prof Tay holds both a Master of Laws degree and a Bachelor of Laws (Honours) degree from the Queen Mary College, University of London. She is an author of 28 law books. A/Prof Tay has published numerous legal articles in peer-reviewed international journals, such as BIOETHICS, the Hong Kong Journal of Emergency Medicine, the (United Kingdom) Journal of Business Law, (UK) Business Law review, the (UK) Company lawyer, the (UK) Insolvency Law & Practice, the Securities Industry Review, The Singapore Law Gazette (official publication of The Law Society of Singapore) and the APLAR Journal of Rheumatology. She has been an invited speaker to various legal and medical conferences both overseas and in Singapore. Leslie C. Dy Partner Sycip Salazar Hemandez & Gatmaitan Leslie Dy has been a partner at Sycip Salazar Hernandez & Gatmaitan since 2000. Her main practice area is employment and labor, which includes arbitration, litigation and collective bargaining negotiations, among others. Shealso handles family litigation. Ms. Dy provides advice to both local and foreign investors on Philippine labor laws in general, and assists various multinational companies on employee related issues and concerns. She gives lectures to personnel managers in top corporations, and has served as legal advisor to the Filipino Chinese Chamber of Commerce and the Taiwan National Association in the Philippines. Ms. Dy received her Bachelor of Arts degree from the Dela Salle University and obtained her Bachelor of Laws degree from the Ateneo de Manila University in 1989. Grergory Crovo Partner KelvinChia Partnership A member of the firm’s corporate and commercial department since 2004, Gregory handles a range of corporate and commercial matters throughout the Southeast Asia region, with a par- ticular emphasis on investment and doing business in Vietnam. Gregory’s experience includes inter alia mergers and acquisitions, joint venture and other investment structures, corporate reorganizations and restructurings, equity and capital planning, financing and banking transactions, property development, distribution agreements, management contracts, franchise agree- ments and sale and purchases of businesses. Gregory has handled a variety of complex cross-border transactions and acquisitions involving Vietnamese companies, and has developed an extensive knowledge of the laws of Vietnam, particularly with respect to the foreign investment regime and Vietnam’s accession to the World Trade Organization. Gregory has assisted in setting up several foreign invested companies in Vietnam, ranging from large scale industrial complexes and manufacturing centres to various service industries, hotels and resorts. Darrell Low Senior Associate Drew & Napier Darrell graduated from the National University of Singapore in 2005 and is an Associate with Drew & Napier LLC. He is a member of the Litigation and Dispute Resolution Business Group. Darrell is a part-time tutor for the course on International Commercial Arbitration at the Faculty of Law, National University of Singapore. His areas of practice range from civil, criminal and commercial litigation to insolvency and landlord & tenancy disputes. He has also been involved in advisory and drafting work with respect to employment contracts. Darrell has also acted in various employment disputes in the High Court and the Subordinate Courts which deal with the effect of restraint of trade clauses and the use of confidential information. Suhaimi Lazim Partner Shook Lin & Bok Suhaimi’s practice is banking and general commercial litigation, international arbitration, insolvency and restructuring, trusts and wealth management (and related Islamic issues) and com- munications, media and technology. He is one of two Singapore country correspondents for Global Competition Review, an IFLR publication. Chin Hooi Yen Associate Director Gateway Law Corporation Hooi Yen heads the Corporate and Commercial Department of Gateway Law Corporation, a boutique legal practice with associated offices throughout Asia Pacific. Her practice focuses on (a) venture capital, investments and mergers and acquisitions, (b) technology, info-communications and e-commerce, (c) the travel and hospitality industry and (d) intellectual property, media and the arts. Her past experience includes practicing law with Rodyk and Davidson after graduating from the National University of Singapore (“NUS”). There, she advised on the sale and purchase of businesses, venture capital and private equity placements, shareholders’ agreements, employment law and employee share incentive schemes. In 2001, she joined the man- agement team of ZUJI, which grew ZUJI from a start-up to an Asia Pacific wide MNC within 5 years. Hooi Yen is regularly invited to judge business plan competitions and entrepreneurship classes to tap on her experience with corporate finance and fast growing companies. Amanda Chen Zhen Foreign Lawyer KhattarWong Ms Amanda Chen Zhen is a Foreign Lawyer qualified in the PRC. Prior to joining KhattarWong, she had been working with a few law firms both in the PRC and Singapore. Amanda gradu- ated with a Bachelor Degree in International Economic Law from Huaqiao University, PRC in 1998 and a Master Degree in Commercial Law from Macquarie University, Australia in 2004. Amanda has been primarily involved in China related corporate work, including Initial Public listing of China-origin companies, mergers and acquisitions and Foreign Direct Investment into the PRC. IN-HOUSE LEARNING & DEVELOPMENT All our programmes can be tailored to your needs and run within your organisation. For more information please kindly contact Michelle@+65 63320210 or firstname.lastname@example.org Speaker’s Profile Trevor George De Silva Partner Lee Ong & Kandiah Trevor was called to the Malaysian bar in 1995 and practiced in a large partnership law firm in Kuala Lumpur until December 2003. He retired from that partnership and joined Messrs. Lee Ong & Kandiah as a General Partner in January 2004. Trevor is principally involved in the areas of general civil litigation (trial and appellate) and employment & industrial matters. Trevor also presently sits on the Malaysian Bar Council Industrial Court Practice Committee and Legal Profession Committee and also delivers lectures for the Malaysian Bar Council Ethics Lecture Committee. Steven Thiruneelakandan Partner Shook Lin & Bok Steven’’s practice is commercial litigation, banking and finance-related litigation and arbitration, trusts and estate matters and employment law. Member of a number of law review com- mittees, including a committee reviewing the Moneylenders Act, the Hire Purchase Act and the Pawnbrokers Act; a committee that reviewed the proposal for a Fair Trading Act and a committee reviewing legal provisions relating to the prevention of money laundering. His articles on the law of evidence and international law have been published in Law Quarterly Review, Criminal Law Review and the Indian Journal of International Law. Vikram Shroff Partner Nishith Desai Associates Vikram Shroff is the head of the firm’s Human Resources Law practice group and focuses on various aspects including employment & labour laws, employment agreements, training bonds, confidentiality and intellectual property assignment agreements, termination and severance arrangements, company policies and handbooks, employee stock option / share purchase plans and immigration laws. He has authored several articles covering employment / labour laws, policies, and confidentiality aspects etc. which have been published in leading Indian business newspapers. Vikram is a member of the Bar Council of Maharashtra & Goa. Vivek Kathpali Partner Nishith Desai Associates Vivek Kathpalia heads the Singapore office of Nishith Desai Associates. He heads the Litigation & Dispute Resolution Practice and is a senior member of the Technology Law Practice. His areas of specialization include litigation and dispute resolution, commercial laws, intellectual property, telecom, technology laws, real estate, franchising and media and entertainment. He is a Solicitor affiliated to the Bombay Incorporated Law Society and a registered Patent & Trade Mark attorney. He is also a member of the Bombay Bar Association, Bar Council of Maharash- tra & Goa and the International Bar Association Biswajit Chatterjee HR Head, Asia Pacific Tata Consultancy Services With a Master’s degree in Computer Science from Indian Institute of Technology, Kanpur and over 28 years experience at TCS (he joined TCS on December 15, 1975) Ravi Shah is responsible for large projects service practice and the Financial Services industry practice and Chennai Operations. He is associated with the national and international securities market segment for more than a decade and is responsible for business development, asset creation and project development for the Financial Services industry segment covering depositories, stock exchanges and settlement organizations. Gerard Louis Ambrose Partner Chooi & Co Gerard Louis Ambrose is a partner in the litigation department of Chooi & Company and heads the employment and industrial relations unit. He has experience of a wide range of civil advisory and litigation matters including appellate matters, and concentrates primarily on employment advisory and litigation matters. Ambrose graduated in law from the University of London, England in 1990. After obtaining his Certificate of Legal Practice (Malaya) he joined Chooi & Company as a pupil in 1992. He was admitted to the Malaysian Bar in 1993 and became a partner in 2000. Ambrose speaks English and Bahasa Malaysia. ------------------------------------------------------------------------------------------------------------------------------------------------- Registration Please send your cheque/bank draft made payable to Ahral’s Pte Ltd. □ Yes, I would like to register for: “Employment Law Asia 2008” □ Early Bird Fee SGD 1290 (for payment & registration received by 24 January 2008) □ Conference Fee SGD 1490 Delegate 1 Name________________________________________ Delegate 3 Name _______________________________________ Position _____________________Email______________________ Position ____________________ Email _____________________ Delegate 4 Name________________________________________ Delegate 2 Name________________________________________ Position_____________________ Email _____________________ Position_____________________ Email______________________ Billing Address ________________________________________ Company Name ________________________________________ ______________________________________________________ ______________________________________________________ Tel _________________________ Fax ______________________ Email _________________________________________________ Nature Of Business ______________________________________ Please send the completed registration forms details by : Tel: +65 63320210 ● Fax: +65 63399768 ● Email: email@example.com ● Address: 103 Beach Road Premier Centre #04-01 Singapore 189704 Please note: 1) The organiser reserves the right to make any amendments and/or changes to the programme if warranted by circumstances beyond its control. 2) Payment must be received prior to the conference to guarantee your place. 3) You may substitute delegates at any time at no extra cost. 4) All cancellations must be received in writing in 28 days prior to the event or 100% cancellation fee applies. 5) If you receive multiple mailings or if your company details are incorrect, please let us know so as to update our database. 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