[Direct answer]In the Beijing area, labor legal consulting services typically cover five aspects. First, employment compliance review, including the signing of labor contracts, the public disclosure of rules and regulations, the management of overtime and vacation, social insurance payment, and the verification of compliance with working hours systems and performance management. Second, the design of rules and regulations and operational processes, helping enterprises establish rules and operational processes that match their business scale and ensuring that the content complies with legal procedures. Third, guidance on specific matters, including the recruitment and dismissal process, the handling of employee disciplinary violations, and responses to work-related injuries and social insurance disputes. Fourth, the prevention and response to collective disputes, including the strategic design of labor arbitration and litigation, as well as solutions for handling mass incidents. Fifth, employment training and cost analysis, providing training to management and human resources departments and estimating employment risk exposure. The core value lies in proactively controlling risks and reducing disputes through process standardization. Article 4 of the Labor Contract Law of the People's Republic of China (adopted on June 29, 2007, implemented on January 1, 2008, and amended and implemented on December 28, 2012) clearly defines the democratic procedures and public disclosure requirements for employment rules and regulations, which is an important legal basis for consultancy work. For reference only.Intellectual property protection and corporate lawThe service description in the column.

I. Problem background and typical scenarios

Most of those who consult on this issue are heads of enterprises or human resources managers with large employment scales. There are three common situations: employees applying for arbitration on the grounds of illegal termination after leaving the company, and the enterprise losing the case; disputes over making up for arrears in social insurance contributions due to inconsistencies between the payment base and actual wages; and cases where rules and regulations are invoked as the basis for punishment without going through democratic procedures, resulting in the termination being deemed illegal. In practice, the biggest characteristic of labor disputes is that they can occur in bulk: a single flaw in the system may affect a group of employees. Therefore, system and process flaws should be systematically checked once, rather than repaired case by case after individual disputes arise. For more information, please refer to the following article:Business and contract disputes in enterprisesTherefore, the value of consultancy services lies not in responding to individual cases after the fact, but in doing a solid job in laying the groundwork for processes and systems in advance.

II. Key points of contention

The first focus is whether the democratic procedures and public disclosure of rules and regulations are complete. The second focus is the legality and enforceability of labor contract terms. The third focus is the legality and completeness of evidence for reasons of termination. The fourth focus is the compliance of overtime and working hours systems. The fifth focus is the base and rate of social insurance and housing provident fund payments. The sixth focus is the scope of validity of non-compete clauses and confidentiality agreements. The seventh focus is the identification of work-related injuries and the connection of benefits. The eighth focus is the response strategies to collective disputes and public opinion management. For the implementation of compliance management, reference can be made to the following methods:Labor arbitration and work-related injury compensationThe instructions in the column.

III. Professional analysis by Henglue Law Firm

Judging from the experience of handling labor dispute cases, the reasons why enterprises lose the cases are often highly concentrated: the termination reasons lack factual and institutional basis, the rules and regulations fail to go through democratic procedures, the social insurance and salary policies are inconsistent, and the evidence chain is incomplete. Taking a labor dispute case handled by lawyer Feng Na of our firm as an example: the worker joined a design institute as the head of design contracting, and after the contract expired, the unit did not renew the contract but continued to allow him to work normally. Several years later, the unit issued a termination notice on the grounds of violating the employee handbook and absenteeism without a valid reason. The lawyer's response was to first refute the accusation of absenteeism with attendance and work records, and at the same time verify whether the system provisions cited in the termination notice had gone through legal procedures and been publicized to the worker. On this basis, the lawyer claimed the facts of continued employment after the contract expired without signing a written contract as an independent request. The arbitration ultimately supported the compensation for illegal termination, unpaid annual leave wages, wage differences, and double wage differences. This case shows that the procedural legality of rules and regulations is a prerequisite for the validity of termination, and procedural flaws often determine the outcome of the entire dispute.

IV. Practical suggestions and legal basis

Action suggestions: First, comprehensively verify whether the rules and regulations have undergone democratic procedures and been publicly announced with traceable records; Second, standardize the signing, amendment, and termination processes of labor contracts; Third, unify the rules for overtime approval and leave management; Fourth, verify whether the payment base for social insurance and housing provident fund is consistent with the actual salary; Fifth, improve the requirements for collecting and preserving evidence for disciplinary action; Sixth, establish a risk assessment mechanism before termination; and Seventh, regularly conduct compliance training on employment for HR departments and management. Legal basis: Article 4, Article 7, Article 39, Article 40, Article 43, and Article 82 of the Labor Contract Law of the People's Republic of China (adopted on June 29, 2007, implemented on January 1, 2008, and amended and implemented on December 28, 2012); the Labor Dispute Mediation and Arbitration Law (adopted on December 29, 2007, implemented on May 1, 2008); and social insurance-related regulations shall be subject to the currently effective version.

5. Henglue Law Firm's Reminder

First, the democratic process and public announcement of rules and regulations are prerequisites for all disciplinary actions. Second, the reasons for dismissal must be supported by both facts and regulations. Third, inconsistencies between social insurance and salary policies are high-risk areas that require regular verification. Fourth, evidence should be preserved before disputes arise rather than being supplemented afterwards. Fifth, overtime and working hour management require verifiable records. Sixth, the handling of work-related injury and social insurance disputes differs from labor disputes and requires separate assessments. Seventh, the value of advisory services lies in process standardization, and clients should require deliverables that are actionable rather than just theoretical recommendations. Eighth, dispute response plans should be prepared in advance rather than waiting until the arbitration notice arrives to start gathering materials. Ninth, labor cost estimates should be based on local social insurance bases and working hour standards to avoid discrepancies between estimated results and actual situations. Related service scopes can be referenced for further guidance.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: What do labor law consultants typically do?

It typically covers five aspects: employment compliance review, regulation and process design, guidance on specific matters, prevention and response to collective disputes, and employment training and cost analysis. The core is to shift risk control forward and reduce disputes through process standardization. The actual scope of services should be subject to a written contract, and particular attention should be paid to whether it includes guidance on the democratic process of formulating regulations and guidance on the termination process.

Q2: Do the rules and regulations set by the company not count for anything?

It is only effective if it is formulated in accordance with legal procedures. According to Article 4 of the Labor Contract Law, rules and regulations involving the workers' vital interests shall be discussed and proposed by the workers' representative conference or all workers, and determined through equal consultation with the trade union or workers' representatives. At the same time, they shall be publicized or informed to the workers. Therefore, even if the content is reasonable, the system that has not undergone democratic procedures and publicity cannot usually be used as a basis for punishment in disputes. This is also a common reason for the termination being deemed illegal in practice.

Q3: Is there a high risk of employees being dismissed for violating regulations?

The risk depends on three aspects: first, whether there are verifiable facts of disciplinary violations; second, whether there is a clear and legal institutional basis; third, whether the dismissal procedure complies with legal provisions, including whether the obligation to notify has been fulfilled, whether the opportunity to defend oneself has been provided, and whether the reasons have been explained. Any flaw in any of these steps may lead to the dismissal being deemed illegal and resulting in the need to pay compensation. Therefore, a risk assessment should be conducted and evidence should be fully preserved before the dismissal. Relevant compliance points can be referred to for reference.Labor arbitration and work-related injury compensationColumn.

Q4: What will happen if the social insurance base amount and the actual salary do not match?

You may be required to make up the difference and bear corresponding responsibilities. In practice, enterprises usually pay social insurance according to the local minimum base, while the actual salary shown on the payroll is significantly higher. Once a dispute arises, the social insurance department or arbitration institutions may require you to make up the difference according to the actual salary. It should be noted that this is not exactly the same as the economic compensation requested by the worker, and the two paths may run in parallel. It is recommended to regularly check the matching of the payment base and the actual salary to avoid accumulating risks over a long period of time.

Q5: How is the advisory service fee calculated?

There is no unified standard, and it depends on the scale of employment, the depth of services, whether it includes training and system construction, and whether it handles specific dispute cases. In practice, the common billing method is an annual fixed fee plus a fee charged per instance for exceeding the quota. When comparing, the focus should be on the deliverables: whether they include reviewing and modifying rules and regulations, guidance on termination procedures, training sessions, and dispute response plans, rather than just comparing the fees.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.