Hao Shi practices at Henan Xin Xing Law Firm in Kaifeng, focusing on employment disputes, wrongful termination claims, and labor contract compliance. He represents both individual employees and companies that need defensible termination processes. Foreign-invested employers in Henan frequently underestimate Chinese statutory protections around fixed-term contracts, open-ended conversion, severance, and special protections for pregnant employees or employees in medical treatment periods.

The Labor Contract Law requires written contracts and regulates termination grounds. Unilateral employer termination without a statutory basis can lead to reinstatement or payment of compensation commonly calculated as twice statutory economic compensation. Attorney Shi evaluates personnel files, performance improvement plans, attendance records, and social insurance contribution history before advising on strategy. For employees, he prepares labor arbitration claims within the one-year limitation period that generally runs from the date the party knew or should have known of the rights infringement.

Arbitration before the labor dispute arbitration commission is typically a mandatory first step before court litigation for most employment disputes. Mediation is encouraged at multiple stages. Evidence of WeChat messages directing resignation, forced unpaid leave, or sudden position elimination often becomes central. He helps clients preserve electronic evidence properly and calculate overtime, unused annual leave, and double-wage claims for unsigned contracts where facts support them.

Foreign employees present additional issues: work permit linkage, early termination clauses, repatriation costs, and housing allowances. Employers should align Chinese labor contracts with secondment letters from overseas parents to avoid conflicting obligations. Attorney Shi drafts bilingual termination agreements with releases that are more likely to be respected, while cautioning that releases cannot waive non-waivable statutory rights in all circumstances.

Mass layoffs and economic redundancy require statutory consultation and filing steps that many mid-sized companies skip. He designs redundancy processes with employee representative consultation records, selection criteria, and severance schedules. For individual performance terminations, he stresses progressive discipline documentation rather than single-incident justifications that fail scrutiny.

Training for HR teams covers social insurance and housing fund contributions, non-compete compensation payment discipline, and trade secret protection through confidentiality agreements that are proportionate and paid where required. When disputes escalate, he represents clients through arbitration hearings and subsequent court proceedings in Kaifeng and elsewhere in Henan, explaining realistic timelines and enforcement of monetary awards against employers or, where relevant, recovery strategies for employers pursuing employee misconduct claims.

Under the PRC Civil Code, which took effect on 1 January 2021, contractual and property relationships are governed by unified rules on formation, validity, performance, assignment, termination, and liability for breach. Article 577 provides that a party that fails to perform, or performs inconsistently with the agreement, shall bear liability through continued performance, remedial measures, or damages. Force majeure and change of circumstances doctrines under Articles 180 and 533 may excuse non-performance or permit renegotiation when objective conditions make performance impossible or obviously unfair. Foreign parties should document notice, mitigation steps, and bilingual evidence trails carefully, because Chinese courts and arbitration institutions weigh contemporaneous records heavily.

Civil procedure in China follows the Civil Procedure Law. Parties typically attempt negotiation or mediation first. If litigation is required, jurisdiction may lie where the defendant is domiciled or where the contract was performed, subject to exclusive jurisdiction rules for certain real estate and company disputes. Evidence rules emphasize documentary originals, electronic data authenticity, and timely submission. Foreign-related cases may involve service of process through judicial assistance channels, translation of evidence into Chinese, and optional application of foreign law only when conflict-of-law rules so permit and the foreign law is proved. Arbitration clauses selecting CIETAC, BAC, or other institutions remain common for cross-border commercial contracts and can improve enforceability of awards under the New York Convention.

Compliance planning for foreign individuals and foreign-invested enterprises should address corporate registration, tax filings, foreign exchange settlement, employment contracts, personal information protection, and industry licensing. Regulatory inspections can arise from market regulation bureaus, tax authorities, customs, or public security organs depending on the activity. Early legal review of Chinese-language filings reduces the risk of inconsistent bilingual versions. When disputes emerge, preserving WeChat chats, email threads, stamped contracts, and payment records often determines outcomes more than oral recollection alone.

Attorney Hao Shi is a member of the Henan Bar Association practice community and works primarily from Kaifeng. Clients include foreign individuals, foreign-invested enterprises, and Chinese companies with cross-border counterparties. Engagements begin with conflict checks, scoped written engagement terms, and a document request list tailored to the matter. Fees and timelines are discussed up front based on complexity. Communication is available in Mandarin, English. The goal of each matter is practical risk reduction and clear procedural options under current Chinese law, not rhetorical assurances. Prospective clients are invited to share key documents for a preliminary assessment of jurisdiction, evidence gaps, and next steps.

In Kaifeng and across Henan Province, local administrative practice can affect filing logistics even when national statutes are uniform. Attorney Hao Shi monitors provincial implementation details relevant to wrongful termination matters and coordinates with notaries, translators, and specialized experts when technical appraisal is required. File management emphasizes version control for bilingual drafts, chop logs, and hearing calendars. Clients receive periodic status updates summarizing completed filings, pending deadlines, and decision points requiring business instructions. This disciplined process helps international clients participate effectively in Chinese legal procedures despite language and distance barriers.