Bin Qi

Partner

Bin Qi 

+86 21 6086 0178
bin.qi@shanghaipacificlegal.com

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 PRC for 3 years after graduation and took part in the drafting of China 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 utilities electricity, food and beverage, banks and other financial institutions, electric and heavy machineries, and chemicals / petrochemicals.

In addition to day-to-day labour law services, Bin assists clients with major negotiations, arbitrations and litigations, 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 restructuring, 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 Employment Legal Services’ team as well as the managing partner of Shanghai Xin Bai Law Firm which was a member of 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

  • Helped one Beijing Law Firm dismiss or move its employees/lawyers to PwC
  • Helped a design company with South Korean background, close its office and dismiss about 30 employees
  • Helped a well-known Japanese company with equity transfer of its factory in Changshu, Jiangsu Province, settle the employees with great efforts, and dismissed all the employees its Shanghai company and move them to another Japanese company
  • Helped a well-known Japanese company close its factory in Waigaoqiao, Pudong New Area, Shanghai, and dismiss about 80 employees in 3 days
  • Helped a well-known Japanese company merge one of its factories into another in Zhangjiagang, Jiangsu Province, and move all the employees from the liquidating company to the existing company, except one who sued the company and lost the case, for which Bin’s assistants represented the company
  • Helped a well-known Japanese company close its Shanghai office and dismissed or moved all the employees
  • Helped an American company close its factory in Nanjing, Jiangsu Province, and dismiss about 300 employees in 3 days
  • Helped a Hong Kong toy company restructure and close its three factories in Shenzhen, Guangdong Province, dismiss more than 1,000 employees in about three years and win the arbitration and litigation cases filed by 70 (62+8) employees successively
  • Helped a well-known Japanese company close its factory in Pudong New Area, Shanghai, and dismiss more than 1,000 employees for selling of land use right and factory buildings to Shanghai Huawei Technology Company
  • Helped a well-known Japanese company with its equity transfer to a domestic company in Suzhou, Jiangsu Province; pay economic compensation to about 1,000 employees and buy out their service years, and dismiss about 300 employees within one week
  • Helped a Japanese seafood company, 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 moving of most of their employees
  • Helped a Taiwan paper making company, dismiss its employees for reason of moving to Vietnam from Pudong, Shanghai, and transfer its equity to a domestic company
  • Helped a Belgian company in Qingpu District, Shanghai dismiss its employees for reason of liquidation
  • Handled lots of cases of labour arbitration and litigation for one of Big Four accounting firms and won most of them including cases filed by its former PwC staff including a partner
  • Worked with professionals of one of Big Four accounting firms in other projects relating to employment / labour / HR / global mobility / dispatching / outsourcing / secondment, and even in 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 due diligence investigation concerning equity transfer to two companies and drafted 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 legal due diligence investigation concerning business cooperation with a Dalian company and drafted the parts of the due diligence report in respect of labour management, transaction and disputes
  • Represented a well-known Japanese company in legal due diligence investigation concerning the joint venture operation with a Xinjiang company and drafted 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 legal due diligence investigation concerning the joint venture operation, and drafted the investigation report partially in respect of 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 dozens 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