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25 March 2012 In Employment and Labor

Shanghai labor lawyer

Our Shanghai employment lawyer explains how a well drafted Shanghai employment contract is import to firms. A recent outplacement client of our Shanghai law firm called to let us know how excited he was to receive a very generous offer from a potential employer. Multiple phone screens, rescheduled interviews, in-house interviews, group and video interviews finally led to an offer.

The company faxed over a 12-page employment agreement. Stunned by the length, he called us. He said: "How do I interpret this thing? I need a law degree!" Fortunately, the offer was clearly stated and after a short counter-offer, our client accepted the assignment and the terms.Many people at all levels of search put very little into thinking about the what-ifs of or details in the employment contracts. Most in search focus their efforts on obtaining quality interviews if they really are smart. Jobseekers in general don't even think about the nuances of offers or really how much money, benefits and opportunities they will leave on the table during the negotiation process. Negotiation processes start the moment you decide to search, the second you release your resume to an employer.

Here are a few questions we ask our senior level jobseekers:

  1.     Who has more lawyers, you or a prospective company seeking qualified applicants?
  2.     Who is more prepared to negotiate the terms of any employment agreement, you or the prospective company or organization you propose to work for next?
  3.     Who is most likely better equipped to control the conversation during the initial stages of the interview, the middle stages and the offer/counter-offer stages?
  4.     How much power and control do you have during the process of the interview?
  5.     Legally, what questions can an employer ask you? What are the gray areas that they probe for and hope you offer information on?
  6.     How can you guide the discussion with an employer that will influence your offer and tip the scales more in your favor as a jobseeker?
  7.     How can you avoid damaging your offer?
  8.     How can you guide negotiations by providing outstanding written documentation and detailed reference information to build you argument for a higher salary band and more attractive overall offer?


Yet it never surprises me to see the look on the faces of many of our clients or groups we speak to about these issues. It does not seem to matter if you make six figures plus or you are early in your career life. One of our clients said it this way: "The song remains the same; employers play the music and you gotta dance to it." Well, at least that's how it feels in what we call an employer's market. An employer's market means this: for every quality position that will be advertised there are a very high number of at least minimally qualified applicants. That means that unless you have a totally unique skill set you will not and should not expect to be in rare air. In other words, lots of competition exists today for any quality position advertised.

Get into touch

Our Shanghai lawyers offer free preliminary consultation through phone call and email. All inquires will be addressed.

Call Shanghai lawyer at:
+86 18819019636

Email us at:
peterzhulaw@hotmail.com

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