37 ASIAN LEGAL BUSINESS CHINA • 亚洲法律杂志-中国版 WWW.LEGALBUSINESSONLINE.COM/CHINA responsibility. Companies should adhere to local customs and resolve labour disputes through amicable negotiations whenever possible.” Achieving this requires guidance from Chinese lawyers with international experience and cultural sensitivity. However, Cheng highlights a critical gap: “In China, the development of legal service institutions has lagged behind the pace of companies going global. Although the number of Chinese lawyers is approaching 700,000, those truly equipped to offer tailored overseas services remain scarce, posing a new challenge for talent development and the future growth of law firms.” warns, “The penalties for data-related issues abroad can be significant. A single fine could wipe out much of a company’s profits.” HANDS-ON SERVICE The delivery of legal services for overseas labour matters is evolving alongside their expanding scope. Clients now expect a more comprehensive and involved approach from their lawyers. Cheng elaborates, “In the past, Chinese lawyers would primarily help clients connect with local law firms, leaving the client to handle the rest. Now, clients expect us to be involved throughout the entire process. Additionally, they demand a deep understanding of local laws, particularly for frequent issues, so that lawyers can offer explanations and help clients make timely decisions. Clients no longer see lawyers as mere connectors; they want us to be interpreters of both legal and cultural differences.” Qin illustrates this shift with a recent example: “In one project, the client spoke fluent English, and we initially wondered about our role. But we soon realised that our legal insights were crucial for helping the client navigate the complexities, highlighting the important role Chinese lawyers still play.” He Xiaochen notes that increased experience has clarified the roles of Chinese and overseas lawyers. “As the lawyer for the investor, we take the lead in overseeing the project, contacting local lawyers, explaining the project background and client needs, and identifying key differences between local and Chinese labour laws. We also help clients pinpoint important labour management issues and coordinate local lawyers in providing legal opinions. Local firms, in turn, offer specific legal advice based on their jurisdiction’s regulations and best practices,” she explains. To meet the specific needs of labour law services and improve efficiency and quality, Yan reveals that Tianshang has developed a handbook product called “Comprehensive Compliance for Overseas Employment”. However, he emphasises that success still depends on tailoring the service to each client’s needs, selecting the right overseas law firms, and refining the product to ensure the best results. Cheng adds that “productisation” is common in labour law services, particularly for early-stage employment frameworks and recurring issues, which can be summarised in handbooks and booklets. However, she acknowledges that certain aspects of overseas labour services resist productisation. “Many labour issues ultimately depend on a company’s management decisions. Different companies have different preferences, strategic priorities, and reputational concerns, which requires lawyers to exercise judgement and offer customised advice,” she concludes. BRIDGING CULTURAL GAPS As Chinese capital and personnel expand globally, the country’s cultural values are increasingly influential. In labour law, cultural differences often lead to the most visible tensions. He Xiaochen acknowledges that companies venturing abroad inevitably face challenges related to international relations, legal systems, and cultural customs. Established strategies to address these include increasing workforce localisation, developing management systems that respect local norms, appointing culturally aware HR managers, and training expatriates to integrate more quickly. Yan suggests additional approaches: “Establishing effective internal communication channels so employees can provide timely feedback, and the company can respond swiftly to potential conflicts.” He also emphasises creating clear labour dispute resolution processes, actively engaging in dialogue during disputes, and continuously monitoring and evaluating cultural conflicts to adjust practices as needed. The current wave of Chinese companies upgrading their international presence is accelerating China’s global influence. Beyond hard power, the “export” of soft power is equally significant. He Xiaochen notes, “Law sets the minimum ethical standards. Beyond legal compliance, we encourage companies to manage their labour relations with empathy, demonstrating care and social LABOUR LAW 2008年，兰台律师事务所组建 了劳动法团队，服务于大型机构客户。 程阳律师是该团队的牵头合伙人，她 告诉ALB，彼时他们已经开始接触部 分海外劳动用工业务，但“主要是给 客户做不同国别的劳动法报告，用于 投资前一些用工知识的普及”。 从2022年起，程律师感受到此类 服务发生了明显变化：不仅客户的咨 询、需求量大幅提升，对于服务的深 度、广度要求也有升级。 究其原因，程律师认为最重要的 在于中国企业“走出去”的模式正经 历深刻改变。“原来企业更多是向海 外投入资金，仍由当地人做管理运营， 现在同时更多伴随了人员的输出”， 她说，因此企业在海外劳动用工领域 面临着更大挑战。 “企业不再满足于律师仅仅提供 资讯，而需要‘设身处地’的陪伴，既 帮助企业构建劳动合规体系，又能解 决实实在在的问题。”兰台团队的另 一位合伙人秦超律师说。 也是在同一时间段，伴随“天商国 际平台”的搭建，总部位于广州的天 商律师事务所开始接触到并为客户 提供海外劳动用工合规等法律服务。 “随着中国企业出海热潮，劳动 用工成为企业海外投资落地的热点 问题。”天商主任颜勇律师说。“目前 客户诉求主要集中在‘一带一路’国 家，如泰国、越南、印尼、马来西亚、新 加坡、阿联酋、叙利亚等，服务内容包 括海外雇佣法、雇主及雇员资格要求、 劳动报酬及社会福利、反歧视与性骚
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