Bin Qi

Our People

Bin Qi

Partner

Email bin.qi@shanghaipacificlegal.com

Tel +86 21 6086 0178

Bin Qi is a labour lawyer with over 20 years of experience, and heads the firm’s labour practice. Bin worked at the Ministry of Labour of the PRC for 3 years after graduation and took part in the drafting of China’s Labour Law.

As a highly recognised China labour expert, Bin has a vibrant labour and employment practice with significant depth. He has helped many foreign invested enterprise clients resolve and settle major labour disputes throughout China and represented his clients in disputes including personnel hiring, retention, and dismissal, remuneration, workforce reduction, collective bargaining, dismissal or departure of senior management personnel, trade union compliance, labour strikes, and staff settlement. His clients come from a variety of industries, including electricity utilities, food and beverage, banks and other financial institutions, manufacturers of electric and heavy machinery, and chemicals / petrochemicals.

In addition to day-to-day labour law services, Bin assists clients with major negotiations, arbitrations and litigation, as well as with handling difficulties, emergencies or crises. He has provided legal training for hundreds of domestic and foreign companies, conducted labour and personnel compliance investigations, including labour and personnel due diligence in restructurings and mergers and acquisitions, and provided legal consulting services relating to the termination of labour contracts and the application of severance, compensation and liquidated damages.

Prior to joining the firm, Bin was the head of the Employment Legal Services’ team as well as the managing partner of Shanghai Xin Bai Law Firm which was a member of the PwC global network of firms.

Bin is a member of the Political Consultative Conference, Shanghai Pudong New Area, off-campus instructor for graduate students pursuing Master of Laws at Shanghai University and Shanghai Maritime University and a consultancy expert for civil and administrative cases, Supreme People’s Procuratorate of the PRC.

Practice

  • Labour

Key industry

  • Consumer markets
  • Energy, infrastructure and resources
  • Financial institutions
  • Life sciences and healthcare
  • Technology

Representative experience

  • Assisted a Beijing Law Firm to dismiss or transfer its employees/lawyers to PwC.
  • Assisted a South Korean design company, to close its office and dismiss about 30 employees.
  • Assisted a well-known Japanese company with the equity transfer of its factory in Changshu, Jiangsu Province and the settlement of issues with the employees, as well as the dismissal of all the employees of its Shanghai company and their transfer to another Japanese company.
  • Assisted a well-known Japanese company to close its factory in Waigaoqiao, Pudong New Area, Shanghai, and to dismiss about 80 employees in 3 days.
  • Assisted a well-known Japanese company merge one of its factories into another in Zhangjiagang, Jiangsu Province, and transfer all the employees from the company to be liquidated to another company, other than one employee who sued the company and lost the case..
  • Assisted a well-known Japanese company close its Shanghai office and dismiss or transfer all the employees.
  • Assisted an American company close its factory in Nanjing, Jiangsu Province, and dismiss about 300 employees in 3 days.
  • Assisted a Hong Kong toy company to restructure and close its three factories in Shenzhen, Guangdong Province, dismiss more than 1,000 employees over three years and win the arbitration and litigation cases filed by 70 (62+8) employees successively.
  • Assisted a well-known Japanese company to close its factory in Pudong New Area, Shanghai, and to dismiss more than 1,000 employees and to sell the land use rights and factory buildings to Shanghai Huawei Technology Company.
  • Assisted a well-known Japanese company with its equity transfer to a domestic company in Suzhou, Jiangsu Province; the payment of compensation to about 1,000 employees and the buy out their service years, and to dismiss an approximately 300 employees within one week.
  • Assisted a Japanese seafood company to close its factories in Zhanjiang, Guangdong Province, and Haikou, Hainan Province, and dismiss all the employees.
  • Took part in the restructuring and liquidation of branch companies of a well-known Japanese company in mainland China and the dismissal or transfer of most of their employees.
  • Helped a Taiwanese paper making company to dismiss its employees because of the transfer of its operations from Pudong, Shanghai to Vietnam, and the transfer of its equity to a domestic company.
  • Helped a Belgian company in Qingpu District, Shanghai dismiss its employees as part of a liquidation.
  • Handled many labour arbitration and litigation cases for a Big Four accounting firm and won most of them including cases filed by former staff including a partner.
  • Worked with professionals of a Big Four accounting firm onother projects relating to employment / labour / HR / global mobility / dispatching / outsourcing / secondment, and even criminal cases of embezzlement / bribery / fraud / corruption / FCPA.
  • Represented a well-known Japanese company in dealing with the liquidation of its joint venture enterprise in Yantai, China.
  • Represented a well-known Japanese company in a due diligence investigation concerning the equity transfer to two companies including drafting the parts of the due diligence report in respect of processing trade, facilities and equipment with tax exemption, reclaiming of creditor’s rights, labour and personnel matters and account management.
  • Represented a well-known Japanese company in a legal due diligence investigation concerning business cooperation with a Dalian company including drafting parts of the due diligence report dealing with labour management, transactions and disputes.
  • Represented a well-known Japanese company in a legal due diligence investigation concerning a joint venture operation with a Xinjiang company and drafting the parts of the due diligence report in respect of transaction, labour and personnel matters and reclaiming of creditor’s rights.
  • Represented a well-known Japanese company in a legal due diligence investigation concerning a joint venture operation, and drafting that part of the investigation report dealing with labour management and disputes.
  • Drafted/revised relevant labour contracts and employment rules as applicable in Beijing, Shanghai, Suzhou, Guangzhou, Shenzhen, Chongqing, Chengdu, Xiamen etc on behalf of a large number of Japanese enterprises (including Shimizu Corporation and Guangzhou Honda Car Co., Ltd.).

Education

  • East China University of Politics and Law, Juris Master
  • Peking University, LLB

Admissions

  • PRC

Memberships

  • Active member, the Labour and Social Security Committee, All China Lawyers Association
  • Vice director, Labour Law Committee, Shanghai Bar Association

Languages

  • Chinese
  • English
  • Japanese