Archives 2007

Senior Lawyer

Company introduction: Our client is an independent international German law firm. They provide comprehensive commercial law advice to medium-sized companies, major corporations and industry groups as well as the public sector. With appr. 320 lawyers and tax advisers in 13 locations in 6 countries they are able to provide comprehensive legal and tax advice in national and international matters throughout the world.

They provide comprehensive advice through their German network of offices as well as internationally, in Eastern Europe, China and in Europe’s administrative capital, Brussels. In other important markets they cooperate closely with internationally active law firms, from whom they expect the same standards of quality as they set themselves.

Job Title: Senior Lawyer
Job Description:

Report To: Head of SH office (German people)
Location: Shanghai

– Handling real estate legal and business advice matters .
– Communicating with clients to obtain requirements and maintain updates.
– Anticipate and communicate on legal and administrative requirements & opportunities.
– Provide advise with clients for legally sites’ management and review contracts.
– Maintain and develop a solid client base.
– Lead a team with more than 10 people.
– Work with International Legal team in Headquarter in German.
– Work accordingly with central government and local administrations.

Job Requirements: – LLB or LLM of Law with PRC BAR is preferred.
– At least eight years working experience in the legal field either from multinational company or law firm with more than 2 years management experience.
– Familiar with general related legal concepts and relevant legal experience including ability to conduct legal research and work with external parties in case management.

– Familiar with the operation of a foreign legal or advisory firm.
– Excellent organization and communication skills; .
– Excellent oral/written English skills.
– Can work independently, result oriented, self motivated and self reliable with high ethical standards.
– Good organizational skills and are methodological in approach;
– Good team player with good interpersonal skills;
– Be flexible and willing to travel.

Please send your CV to:legal-candidate@dacare.com

Real Estate Lawyer

Company introduction: Our client is an independent international German law firm. They provide comprehensive commercial law advice to medium-sized companies, major corporations and industry groups as well as the public sector. With appr. 320 lawyers and tax advisers in 13 locations in 6 countries they are able to provide comprehensive legal and tax advice in national and international matters throughout the world.

They provide comprehensive advice through their German network of offices as well as internationally, in Eastern Europe, China and in Europe’s administrative capital, Brussels. In other important markets they cooperate closely with internationally active law firms, from whom they expect the same standards of quality as they set themselves.

Job Title: Lawyer (Real Estate)
Job Description:

Report To: Head of SH office (German people)
Location: Shanghai

– Handling real estate legal and business advice matters .
– Communicating with clients to obtain requirements and maintain updates.
– Anticipate and communicate on legal and administrative requirements & opportunities.
– Provide advise with clients for legally sites’ management and review contracts.
– Able to maintain and develop a solid client base.
– Work accordingly with central government and local administrations.

Job Requirements: – LLB or LLM of Law with PRC BAR is preferred.
– 2 -3 years working experience in law field and solid China Real Estate experience with the ability to handle transactions and drafting.
– Familiar with general related legal concepts and relevant legal experience including ability to conduct legal research and work with external parties in case management.

– Familiar with the operation of a foreign legal or advisory firm.
– Excellent organization and communication skills; .
– Excellent oral/written English skills.
– Can work independently, result oriented, self motivated and self reliable with high ethical standards.
– Good organizational skills and are methodological in approach;
– Good team player with good interpersonal skills;
– Be flexible and willing to travel.

Please send your CV to:legal-candidate@dacare.com

M&A Lawyer

Job number: 0006
Company introduction: Our client is an independent international German law firm. They provide comprehensive commercial law advice to medium-sized companies, major corporations and industry groups as well as the public sector. With appr. 320 lawyers and tax advisers in 13 locations in 6 countries they are able to provide comprehensive legal and tax advice in national and international matters throughout the world.

They provide comprehensive advice through their German network of offices as well as internationally, in Eastern Europe, China and in Europe’s administrative capital, Brussels. In other important markets they cooperate closely with internationally active law firms, from whom they expect the same standards of quality as they set themselves.

Job Title: Lawyer (M&A)
Job Description:

Report To: Head of SH office (German people)
Location: Shanghai

– Handling FDI legal and business advice matters.
– Communicating with clients to obtain requirements and maintain updates.
– Anticipate and communicate on legal and administrative requirements & opportunities.
– Provide advise with clients for legally sites’ management and review contracts.
– Able to maintain and develop a solid client base.
– Work accordingly with central government and local administrations.

Job Requirements: – LLB or LLM of Law with PRC BAR is preferred.
– At least two years working experience in the legal field either from multinational company or law firm.
– Familiar with general related legal concepts and relevant legal experience including ability to conduct legal research and work with external parties in case management.

– Familiar with the operation of a foreign legal or advisory firm.
– Excellent organization and communication skills; .
– Excellent oral/written English skills.
– Can work independently, result oriented, self motivated and self reliable with high ethical standards.
– Good organizational skills and are methodological in approach;
– Good team player with good interpersonal skills;
– Be flexible and willing to travel.

Email to:legal-candidate@dacare.com

Ip Lawyer

Company introduction:Our client is an independent international German law firm. They provide comprehensive commercial law advice to medium-sized companies, major corporations and industry groups as well as the public sector. With appr. 320 lawyers and tax advisers in 13 locations in 6 countries they are able to provide comprehensive legal and tax advice in national and international matters throughout the world.

They provide comprehensive advice through their German network of offices as well as internationally, in Eastern Europe, China and in Europe’s administrative capital, Brussels. In other important markets they cooperate closely with internationally active law firms, from whom they expect the same standards of quality as they set themselves.

Job Title: Lawyer (IP)
Job Description:

Report To: Head of SH office (German people)
Location: Shanghai

– Handling FDI legal and business advice matters.
– Communicating with clients to obtain requirements and maintain updates.
– Anticipate and communicate on legal and administrative requirements & opportunities.
– Provide advise with clients for legally sites’ management and review contracts.
– Able to maintain and develop a solid client base.
– Work accordingly with central government and local administrations.

Job Requirements: – LLB or LLM of Law with PRC BAR is preferred.
– At least two years working experience in the legal field either from multinational company or law firm.
– Familiar with general related legal concepts and relevant legal experience including ability to conduct legal research and work with external parties in case management.

– Familiar with the operation of a foreign legal or advisory firm.
– Excellent organization and communication skills; .
– Excellent oral/written English skills.
– Can work independently, result oriented, self motivated and self reliable with high ethical standards.
– Good organizational skills and are methodological in approach;
– Good team player with good interpersonal skills;
– Be flexible and willing to travel.

Email to:legal-candidate@dacare.com

Fdi Lawyer

Fdi Lawyer

Job number: 0004
Company introduction:Our client is an independent international German law firm. They provide comprehensive commercial law advice to medium-sized companies, major corporations and industry groups as well as the public sector. With appr. 320 lawyers and tax advisers in 13 locations in 6 countries they are able to provide comprehensive legal and tax advice in national and international matters throughout the world.

They provide comprehensive advice through their German network of offices as well as internationally, in Eastern Europe, China and in Europe’s administrative capital, Brussels. In other important markets they cooperate closely with internationally active law firms, from whom they expect the same standards of quality as they set themselves.

Job Title: Lawyer (FDI)
Job Description:

Report To: Head of SH office (German people)
Location: Shanghai

– Handling FDI legal and business advice matters.
– Communicating with clients to obtain requirements and maintain updates.
– Anticipate and communicate on legal and administrative requirements & opportunities.
– Provide advise with clients for legally sites’ management and review contracts.
– Able to maintain and develop a solid client base.
– Work accordingly with central government and local administrations.

Job Requirements: – LLB or LLM of Law with PRC BAR is preferred.
– At least two years working experience in the legal field either from multinational company or law firm.
– Familiar with general related legal concepts and relevant legal experience including ability to conduct legal research and work with external parties in case management.

– Familiar with the operation of a foreign legal or advisory firm.
– Excellent organization and communication skills; .
– Excellent oral/written English skills.
– Can work independently, result oriented, self motivated and self reliable with high ethical standards.
– Good organizational skills and are methodological in approach;
– Good team player with good interpersonal skills;
– Be flexible and willing to travel.

E-mail to:legal-candidate@dacare.com

Environmental Lawyer

Job number: 0003
Company introduction:Our client is an independent international German law firm. They provide comprehensive commercial law advice to medium-sized companies, major corporations and industry groups as well as the public sector. With appr. 320 lawyers and tax advisers in 13 locations in 6 countries they are able to provide comprehensive legal and tax advice in national and international matters throughout the world.

They provide comprehensive advice through their German network of offices as well as internationally, in Eastern Europe, China and in Europe’s administrative capital, Brussels. In other important markets they cooperate closely with internationally active law firms, from whom they expect the same standards of quality as they set themselves.

Job Title: Lawyer (Environmental Specialist)
Job Description:

Report To: Lawyer (Environmental Specialist)
Location: Shanghai

– Handling environmental related legal and business advice matters.
– Communicating with clients to obtain requirements and maintain updates.
– Anticipate and communicate on legal and administrative requirements & opportunities.
– Provide advise with clients for legally sites’ management and review contracts.
– Able to maintain and develop a solid client base.
– Work accordingly with central government and local administrations.

Job Requirements: – LLB or LLM with PRC BAR is preferred, Engineering degree or engineering background is a must.
– At least two years working experience in the legal field either from multinational company or law firm.
– Familiar with general related legal concepts and relevant legal experience including ability to conduct legal research and work with external parties in case management.

– Familiar with the operation of a foreign legal or advisory firm.
– Excellent organization and communication skills; .
– Excellent oral/written English skills.
– Can work independently, result oriented, self motivated and self reliable with high ethical standards.
– Good organizational skills and are methodological in approach;
– Good team player with good interpersonal skills;
– Be flexible and willing to travel.

E-mail to: legal-candidate@dacare.com

China Tax Lawyer

China Tax Lawyer

Job number: 0002
Company introduction: Our client is an independent international German law firm. They provide comprehensive commercial law advice to medium-sized companies, major corporations and industry groups as well as the public sector. With appr. 320 lawyers and tax advisers in 13 locations in 6 countries they are able to provide comprehensive legal and tax advice in national and international matters throughout the world.

They provide comprehensive advice through their German network of offices as well as internationally, in Eastern Europe, China and in Europe’s administrative capital, Brussels. In other important markets they cooperate closely with internationally active law firms, from whom they expect the same standards of quality as they set themselves.

Job Title: China Lawyer (Tax)
Job Description:

Report To: Head of SH office (German people)
Location: Shanghai

– Handling tax legal and business advice matters.
– Communicating with clients to obtain requirements and maintain updates.
– Anticipate and communicate on legal and administrative requirements & opportunities.
– Provide advise with clients for legally sites’ management and review contracts.
– Able to maintain and develop a solid client base.
– Work accordingly with central government and local administrations.

Job Requirements: – LLB or LLM of Law with PRC BAR is preferred.
– At least two years of tax experience either in an accounting firm or law firm.
– Broad knowledge of HK/mainland China tax agreements.
– Good knowledge of international tax treaties, VAT, corporate income tax and personal income tax.
– Familiar with general related legal concepts and relevant legal experience including ability to conduct legal research and work with external parties in case management.

– Familiar with the operation of a foreign legal or advisory firm
– Excellent organization and communication skills;
– Excellent oral/written English skills
– Can work independently, result oriented, self motivated and self reliable with high ethical standards
– Good organizational skills and are methodological in approach;
– Good team player with good interpersonal skills;
– Be flexible and willing to travel.

Email to:legal-candidate@dacare.com

China Legal Counsel

Company introduction: Our client is a leading, innovation-driven corporation committed to developing a growing portfolio of best-in-class and first-in-class pharmaceutical products that help people live longer, healthier and more active lives. Their products treat depression, schizophrenia, attention-deficit hyperactivity disorder, diabetes, osteoporosis and many other conditions. They are committed to providing answers that matter – through medicines and information – for some of the world’s most urgent medical needs.

In light of their business expanding, they are looking for a China Legal Counsel in Shanghai.

Job Title: China Legal Counsel
Job Description:

Report To: China General Counsel
Location: Shanghai

– Support and provide advice on routine business operations and commercial transactions.
– Review and draft commercial contracts relating to consulting services, procurement, distribution, clinical research, business collaboration and other business activities.

– Counsel on corporate governance and compliance issues, advise on and handle governmental inspections.
– Take a coordinative role and working with US patent team and China external litigator for IPR litigation cases.

Job Requirements: – 3 to 5 years of solid experience acquired in a major foreign/local law firm and/or within the legal department of a multinational company.
– Excellent legal academic credentials. First degree must be in law.
– Confident to offer comments and thoughts at legal and business meetings. Self-motivated. Team player with excellent interpersonal and communication skills. Flexibility to work and communicate with colleagues in different time zones. Prepared to travel one to two times a month within China.

– Able to integrate easily on the basis of a highly developed, open and practical communication style
– Assertive and able to play an active role as a partner to the business team and as negotiator; ability to make difficult decisions and stand behind them. Should be able to work independently.

– Knowledge of the healthcare sector is not mandatory but would be a definite asset.

Email to : legal-candidate@dacare.com

China’s new employment law gets negative response from multinationals – survey

BEIJING (XFN-ASIA) – China’s proposed employment contract law has created growing feelings of uncertainty and pessimism among foreign-invested enterprises, according to a survey conducted by law firm Baker & McKenzie and HR consultants Hewitt Associates .

The draft legislation was submitted to the National People’s Congress this week for its third and final reading but the survey found that the majority of respondents had a negative view of the new law.

‘Almost no company expects an overall positive impact,’ said Susan Derkach, senior consultant at Hewitt Associates, Beijing.

‘Over one-half of participants believe that when implemented, the new labor contract law will have a negative or very negative impact on their daily business,’ Derkach said.

After he first draft of the law was published last year it prompted 191,000 comments from the public to the government.

This prompted amendments to the second version including changes, such as an increased emphasis on open-term contracts, non-compete and confidentially agreements, training contracts and probationary periods, restrictions on fixed-term contracts, more specific definitions and limitations concerning mass-layoffs.

‘Overall, there seems to be a great degree of uncertainty among the participants about the potential implications of the new law on their companies. Similarly, the majority of participants do not seem to be sure how they should prepare for passage of the law,’ Derkach said.

‘We believe that companies should aggressively pursue the following three actions: a comprehensive review and redrafting of the work force planning process and strategy; a comprehensive audit and redesign of all HR policies, manuals, collective agreements and employment contracts; strategic decisions on employee representation and collective bargaining,’ she said.

The new law is expected to take effect from Jan 1, 2008, but implementing it will challenge most companies, other experts said.

‘The law as it stands is very opaque and it is unclear as to how it will actually be implemented,’ said Andreas Lauffs, head of the employment group at Baker & McKenzie, Hong Kong.

‘So far there has been no mention of grandfathering or of any transition period,’ Lauffs said.

Further concerns of respondents to the survey related to trade unions and employee representation.

‘This could be an issue in the face of recent moves by China’s trade federation to unionize some high-profile multinationals,’ Lauffs said.

Both McDonald’s and KFC recently came under pressure from the state-controlled All China Federation of Trade Unions to cooperate with the formation of unions in their outlets.

The survey showed that almost half of the 436 participants have no employee representation while 89 pct are not covered by a company or industry collective agreement.

‘Only a small number of companies seem to have specific plans to address the potential new requirement to negotiate a collective agreement with their workforce,’ Susan Derkach said.

Those surveyed included wholly owned foreign enterprises, join ventures, representative offices, non state-owned enterprises and state-owned enterprises.

China: China Employment / Labour Contract

The Labour Law of the People’s Republic of China (“Labour Law”) is applicable to all employment relationships between individuals and enterprises in China. However, local governments of provinces, autonomous regions and municipalities may, and most of them do, issue detailed measures and rules for the implementation of the Labour Law. Such detailed measures are promulgated based on the Labour Law, with changes and specific details made in light of the local conditions. Thus, when dealing with China labour or employment matters, reference should always be made to the local regulations (in addition to the Labour Law), particularly as regards social insurance benefits and welfare benefits.

The Labour Law requires the establishment of an employment or labour contract (“Contract”) between the employer and employee for the purposes of recording an employer-employee relationship. The Contract is required to be made in writing and must necessarily be based on the principles of equality, voluntariness and mutual consent. If the Contract is not concluded based on such principles or is otherwise in violation of any PRC laws, administrative rules or regulations, the Contract may be treated as invalid in its entirety, or as regards the affected parts only, depending on the seriousness and nature of the violations.

Any dispute over the validity of the Contract or otherwise should in the first instance be referred to the relevant labour dispute arbitration committee (being part of the labour tribunal) for determination, and if the employer or employee concerned does not find the arbitration outcome acceptable, either side may refer the matter to the relevant People’s Court for a judgement to be made.

The Contract should deal with the following:
1. term or duration of the Contract;
2. job description or the scope of work to be performed;
3. labour/employment protection and working conditions;
4. labour/employment remuneration;
5. labour/employment disciplines;
6. conditions for termination of the Contract; and
7. responsibilities for breach of the Contract.

The parties are free to agree on other matters for inclusion in the Contract. It is in fact common to agree on a probationary period, the employee’s duty to observe confidentiality or non-disclosure obligations, non-competition covenants, etc.

The Contract may be terminated at any time by mutual agreement between the employer and employee. Severance is generally payable to the employee on termination of the Contract, save in the case of a summary dismissal or where termination is due to the employee’s resignation.

Where severance is payable, it is calculated with reference to the:
• number of years of service rendered; and
• average monthly income based on the employee’s income for the 12-month period immediately preceding the date of termination (and “income” includes base salary, bonus, subsidy, allowance, commission, etc., paid to the employee).

The severance amount payable equals the average monthly income multiplied by the number of years of service. In most localities, an incomplete year of service is treated as a full year for purposes of calculating the severance.