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Patrick Gu's picture

Patrick Gu

Office: Shanghai

Phone number: (86 21) 5203 0603

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Patrick Gu is a partner at DaHui Lawyers. He is a senior member of its labor and employment practice, as well as a member of the regulation/compliance and disputes resolution practice groups.

With over 16 years of experience, Patrick has a rich mix of in-depth labor law knowledge and extensive human resources related expertise accumulated from working with the labor arbitration tribunal, top-tier foreign and local Chinese law firms as well as Fortune 500 companies. Patrick previously worked at the Shanghai Municipal Labor Arbitration Commission as a labor disputes arbitrator and was responsible for lawmaking at the Shanghai local labor authority. Now, he still serves as a part-time labor disputes arbitrator.

Prior to joining DaHui Lawyers, as the industrial relations director and senior in-house labor counsel in a well-known Fortune 500 company, Patrick oversaw and advised on all labor and employment law matters and practice throughout China, and worked closely with the legal department, human resources personnel and business unit leaders. He therefore has a keen business sense to provide constructive, practical and insightful advice and solutions for clients.

Patrick provides customized legal services in all fields of labor and employment law for clients, which includes regulatory compliance (such as overtime & compensation, rest and leave, social insurance, labor dispatching and outsourcing, work safety, female employee protection and non-discrimination), review and consultation of the labor contracts, company policies, employee handbooks, non-competition restrictions and proprietary agreements, as well as advice on and implementation of data privacy policy, Codes of Conduct and business ethics codes.

In addition, Patrick also assists clients to initiate and conduct anti-corruption, anti-bribery and other business ethics related investigations, and advises on misconduct actions as well as disputes resolution. Patrick frequently advises on the design and execution of cross-border assignments and repatriations, mid- and senior-level employee dismissals, workforce redundancy, mass layoffs, voluntary separation arrangements and complicated issues in relation to employee transfer, employee integration and department re-organizing projects arising from organizational restructurings, divestitures, spin-offs, mergers and acquisitions.

Patrick has assisted clients to conduct labor and employment compliance due diligence to identify potential risks in order to minimize legal exposure in transactions, as well as advising on employee stock option plans and relevant disputes resolution for start-ups and large multinationals.    

Patrick represents clients in labor arbitrations and litigations, advises on the establishment and improvement of internal risk control systems, strategically provides industrial and employee relations advice (such as the establishment and management of trade unions and employee representatives congress), efficiently assists clients on crisis management projects (such as labor unrest, work stoppages and collective bargaining), and assists clients to effectively communicate with officials.

Patrick is fluent in Mandarin and English.

Patrick’s recent representations include:

Employment Law Compliance

  • Advised Apple on labor law compliance across its China stores
  • Advised General Motors on the labor law compliance issue in its joint ventures
  • Advised Google on the democratic consultation procedures for the employee handbook
  • Advised H & M on the employment handbook performance
  • Advised KLA-Tencor on the execution of the company policies
  • Advised Levi’s on the preparation of employment related protocols across China
  • Advised Mattel on labor law compliance audits on its suppliers

Employment Law Counseling and Consultation

  • Advised Emerson Electric on voluntary separation arrangements and redundancy plans
  • Advised InterContinental Hotels on employee dismissal
  • Advised Juniper on the implementation of redundancy plans for its China operations
  • Advised Payless Shoe Source on its China office closure and employee termination
  • Advised Spansion on restructuring and related employment redundancies

Labor Relations, Industrial Relations and Crisis Management

  • Advised Coca-Cola on trade union related issues
  • Advised Cinch Connectivity Solutions on crisis management situation arising from labor unrest
  • Advised Emerson Electric on the strategy in relating to trade unions and collective bargaining
  • Advised Kraft Foods on trade union issues and crisis management during relocation
  • Advised O-I on the closure and mass layoff of a business unit

Labor Disputes Arbitration and Litigation

  • Represented BlueScope Steel in a labor dispute litigation regarding supplementary allowance
  • Advised Emerson Electric on a labor dispute triggered by a senior-level employee’s dismissal
  • Represented RBS in a labor dispute arbitration regarding performance bonus
  • Represented Smiths Group in a labor dispute litigation regarding year-end bonus
  • Represented Visa in a labor dispute arbitration regarding misconduct dismissal
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