Question 50. How should outside professional attorneys, in-house lawyers and the human resources managers/ the head of the human resources department effectively support with one another in order to successfully carry out the restructuring?


In order to have effective cooperationupon the implementation of retrenchment for the Employees due to restructuring in a successful manner, outside attorneys, in-house lawyers and heads of human resources department need to cooperate with one another in all the steps of a restructuring process, therein, the following issues should be noted:

  • In-house lawyers and the head of the human resources departmentof the enterprise need to fully provide relevant information to outside attorneys so such attorneys can give legal advice in the most accurate, appropriate and prompt;
  • In-house lawyers and the head  of the human resources department are two of persons who know the enterprise’s activities well so they need to provide outside attorneysfrom time to time on particular issues and culture of the enterprise so that these professionalshave more supportive information in the process of consulting and implementing assigned tasks; and

Besides advising on legal bases, risks, and procedures for laying-off Employees due to restructuring, outside attorneys also need to provide all the most detailed and up-to-date forms in order to save time for in-house lawyers and the human resources department of the enterprise.