With the amendments to the PRC Labor Contract Law, in 2014 the Tentative Provisions on Labor Dispatch was very much the hot topic in HR circles.  Taking advantage of the flexibility and lower cost, labor dispatch has traditionally been one of the most popular ways to hire employees in China. The provisions enacted in 2014 were intended to clarify the scope through which dispatched labor was being used in an attempt to reduce the exploitation of what was typically a more vulnerable source of labor.

Four years on, we are hearing anecdotally of companies and HR practitioners again encountering significant challenges relating to the hiring of dispatch employees, including in whether the “10%” limits are implemented, how the regulators define ‘temporary’, ‘non-core’ or ‘replaceable’ employees, and where company liability falls in the event of dispute. With the law now having been in effect for four years, dispatched workers are increasingly aware of their rights and are holding employers to the full account of the law should they fall short of full compliance.   

The European Chamber is delighted to welcome Jeanette Yu, Partner and Head of Employment and Pensions Practice Group, CMS China, to refresh the obligations companies have in line with PRC law and to moderate the roundtable discussion.

To supplement the discussion, Yu will share her experience on where she has observed companies running into legal difficulties with respect to the dispatch law. Participants will further discuss some of the more practical issues; including, how companies are utilizing temporary workers (including dispatch) to control costs, to work around headcount restrictions and share best practice for integrating these workers into their company culture.

This is a roundtable event. We welcome HR practitioners to share their practical expertise and experience with their peers. The event will be off the record

Agenda

09:00-09:30 Registration

09:30-11:00 Roundtable discussion, moderated by Jeanette Yu, Partner and Head of Employment and Pensions Practice Group, CMS China

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Speakers

Ms. Jeanette Yu

National Chair of the Human Resources Working Group, European Chamber; Partner, Head of Employment & Pensions, CMS China

Ms. Jeanette Yu

National Chair of the Human Resources Working Group, European Chamber; Partner, Head of Employment & Pensions, CMS China

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Jeanette Yu is Partner and head of Employment & Pensions Practice Area Group of CMS, China. She has more than 20 years’ experience in providing advice for international companies on labour law issues and compliance management. Her extensive track record comprises recruitment and dismissal of employees, formulating employee handbooks and implementing its policies, work permits and visa issues of expatriates, international secondment, data privacy, non-competition, social security, trade union and labour disputes. She has also been involved in significant projects of business transactions and restructuring, advising clients on employee transfer, relocation and lay-off of employees as well as negotiation of employment contracts and separation agreements.
Since 2017, Jeanette has been acting as the National Chair/Vice Chair of HR Working Group of European Chamber of Commerce in China. This year Jeanette was elected as the National Chair of HR Working Group of European Chamber of Commerce in China.
Starting from 2017, Jeanette acted as the Vice Chair of HR Working Group of European Chamber of Commerce in China, and the Chair in 2019. Jeanette is also a member of Shanghai Law Society Labour and Social Security Law Research Branch.

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