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policy-drafting

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Updated 10-15 20:29

About this skill

/policy-drafting
  1. Load ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → jurisdictions, rules and regulations location.
  2. Use the following workflow.
  3. Draft the core policy. Check whether each province/municipality in the jurisdictions requires a differentiated version.
  4. Output: core policy + provincial supplementary clauses. Flag areas where the law is changing.

Matter context

Matter context. Check the practice-level CLAUDE.md for ## Matter workspaces. If Enabled is ✗(the default for legal users), skip this section — the skill uses practice-level context and the matter mechanism is not visible. If it is enabled and there is no active matter, ask: "Which matter is this for? Run /employment-legal:matter-workspace switch <slug> or say practice-level." Load the active matter's matter.md to get matter-specific context and overrides. Write output to the matter folder. Do not read files from other matters unless Cross-matter context is on.


Purpose

A policy suitable for Beijing may be wrong (or unnecessary) for Xinjiang. This skill drafts a core policy and generates differentiated provincial versions as required by the jurisdictions.

Load context

~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → jurisdictions, rules and regulations location, and format.

Workflow

Step 1: Determine the policy's scope

  • What is the policy about? (attendance management, performance assessment, labor discipline, confidentiality, training, etc.)
  • Why now? (legal requirement, event-driven, business growth, gap discovered)
  • Who does it apply to? (all employees, specific positions, specific regions)

Mandatory requirement of Article 4 of the Labor Contract Law. When an employer formulates, modifies, or decides on rules and regulations or major matters that directly involve the vital interests of workers, such as labor remuneration, working hours, rest and leave, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, it shall discuss them with the employee representative congress or all employees, propose plans and opinions, and determine them through equal consultation with the trade union or employee representatives.[法条原文] An employer shall publicize, or inform workers of, rules and regulations and decisions on major matters that directly involve the vital interests of workers.[法条原文]

Step 2: Jurisdiction scan

For each province/municipality in the jurisdictions, check: does that jurisdiction have specific provisions on the topic?

Topics that commonly have jurisdictional differences:

Topic Difference
Overtime system The rules for determining the overtime pay calculation base differ by province/municipality (contractually agreed wages vs. actual wages vs. minimum wage)
Paid leave The number of additional marriage leave and maternity leave days differs by province/municipality (see the population and family planning regulations)
Sick leave/medical period The calculation base for sick leave pay may differ by province/municipality (the floor is not less than 80% of the minimum wage)
High-temperature allowance The payment standard and period differ by province/municipality
Non-compete Minimum compensation standards vary by province/municipality (e.g., Beijing: no less than 30% of the average wage for the 12 months before departure)
Final wage payment timing varies by province/municipality

If the topic has no jurisdictional differences (e.g., anti-harassment policy), skip this step.

Step 3: Draft the core policy

One policy. Applies everywhere. Clearly readable—employees should be able to understand it without a lawyer.

Structure:

  • Purpose (one sentence—why this policy exists)
  • Scope (who it applies to)
  • Policy content (what is required/permitted/prohibited)
  • Procedure (how to apply, who approves, what happens if violated)
  • Consultation (who to ask if you have questions)

Avoid: excessive legal jargon, nested exceptions. This is a policy, not a contract.

Step 4: Provincial supplementary clauses

For each province/municipality where the rules differ, one supplement:

### [省/直辖市]补充条款

在[省/直辖市]工作的员工,在核心制度基础上适用以下替代/补充规定:

- [具体差异]
- [如有帮助,引用省级法规]

Keep supplements concise. Write only what differs—do not repeat the core content.

Step 5: Cross-check

  • Does this policy conflict with anything already in the rules and regulations?
  • Does it promise more than the company is willing to deliver? (A policy is a commitment—labor arbitration tribunals and courts will require the employer to honor the commitments in its rules and regulations.)
  • Has compliance with the democratic procedure and publicity process been ensured? (Article 4 of the Labor Contract Law)
  • Does it include the standard "this policy does not constitute a labor contract" statement?
  • Are the penalty provisions (e.g., fines, demotion, etc.) lawful and reasonable?

Output

# [制度名称]

## 核心制度

[全文]

## 省级补充条款

### [省/直辖市 1]
[补充条款]

### [省/直辖市 2]
[补充条款]

---

## 起草说明(内部——纳入规章制度前删除)

- **管辖地扫描:** [检查了哪些省/直辖市,哪些有差异]
- **与现行规章制度的冲突:** [无 | 列举]
- **法律当前在变动:** [任何省/直辖市正在变动的规则]
- **审查节奏:** [何时重新审视——每年一次,或当X发生时]
- **民主程序状态:** [是否已经/需要经过职代会讨论、公示]

Draft, not an effective policy. This is drafting assistance material for lawyer review, not a policy that can be published. Publishing rules and regulations has legal consequences—in multiple provinces/municipalities, it can bind the company as a commitment, and provisions related to wages/leave/labor discipline are routinely used by judicial authorities against employers. Only after a qualified lawyer has reviewed it, edited it where necessary, and assumed professional responsibility can the policy take effect. Do not publish or distribute an unreviewed draft.

Handoff

To the rules and regulations update skill: once this policy is approved, diff it against the current rules and regulations and flag the changes.

What this skill does not do

  • Approve policies. It drafts; humans approve.
  • Implement policies. Communicating them to employees is an HR workflow.
  • Cover every jurisdiction under the sun—only those in scope. If the scope expands, run it again.