Employment Law In China

Author : Christopher Hunter,Louisa Lam,Ketong Lin
Publisher : CCH Hong Kong Limited
Page : 392 pages
File Size : 45,5 Mb
Release : 2008
Category : Law
ISBN : 9881701422

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Employment Law in China by Christopher Hunter,Louisa Lam,Ketong Lin Pdf

It’s not easy to find out exactly what you can and can’t do—legally—with the human resources you employ to help run a business in China. That is, unless you have this well informed, insightful, information-packed guide at hand. Although it’s concise and easy to understand, it offers—in clear English-comprehensive, accurate and up-to-date guidance on the best HR practice in China for tackling such crucial (and often tricky) employment issues as: recruitment and induction; the employment contract; benefits, retirement, and tax issues; rules covering expatriate and foreign workers; training and development; industrial relations; dispute resolution; and termination and redundancy. Especially useful in this new edition is its coverage of the recently implemented Labour Contract Law of the PRC, which took effect on 1 January 2008, with its important clarifications in such areas as written contracts and severance pay. Translations of laws, rules, and regulations manifest CCH’s unchallenged standards of accuracy and clarity. Employment Law in China will prove immeasurably valuable to line managers, human resource practitioners, company lawyers and other professionals involved in running day-to-day business operations in China.

Author : Ronald C. Brown
Publisher : Cambridge University Press
Page : 349 pages
File Size : 48,7 Mb
Release : 2010
Category : Law
ISBN : 9780521191487

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Understanding Labor and Employment Law in China by Ronald C. Brown Pdf

This book provides a clear overview of the labor and employment law environment in China and its legal requirements.

Author : Grace Yang
Publisher : TCKPublishing.com
Page : 208 pages
File Size : 49,5 Mb
Release : 2017-08-15
Category : Law
ISBN : 1631610414

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The China Employment Law Guide by Grace Yang Pdf

The China Employment Law Guide addresses various key China labor and employment issues all employers (especially foreign companies doing business in China) and employees (especially expats seeking a job or working in China) need to address or understand. It provides practical and easy-to-understand answers to China labor and employment questions from hiring through firing and nearly all things in between. For example, it addresses the issues China employers constantly confront on matters ranging from what they need to consider in drafting their employment contracts, what should go into a China-centric employer set of rules and regulations and why such a document is essential at all, how to hire, how to fire, overtime, vacation time, pregnancy leave, probation terms, employee benefits, and even lifetime employment. Perhaps most importantly, it confronts head on the many myths Western companies have about China employment laws and discusses how those myths can cause so many problems. This book consists mostly of blog posts and articles my colleagues and I have authored over the years on our award-winning China Law Blog. We do our best to make these articles (and this book) as concise and readable as possible because to provide our readers with accessible legal and practical answers that work in the real world. Unless absolutely necessary, this means we do not go into the weeds in citing and explaining China's employment rules and regulations, but we instead lay out clear paths forward for dealing with real-life employment law issues and problems. China's labor and employment laws are complex and local and constantly evolving, and so in many cases, we write not so much to provide the right answers for your specific situation, but to arm you with the right questions you must ask to get the right answers.

Author : Baohua Dong
Publisher : Kluwer Law International B.V.
Page : 677 pages
File Size : 53,8 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789041195500

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Landmark Labor Law Cases in China by Baohua Dong Pdf

The Labor Law of the People’s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book provides most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. The first part of the book describes in depth the role of labor law in Chinese society, elaborating on its development and its characteristic features. The cases that follow, each described in minute detail, thoroughly explicate the issues that underlie the dynamic growth of Chinese labor law, such as the following: establishment and identification of the employment relationship; performance, change, dissolution, and termination of the employment contract; determining atypical employment relationships; fiduciary duties; health insurance provisions; work-related injury; labor dispatching service; legal remedies—mediation, arbitration, litigation; labor inspection; legal issues on foreigners’ employment in China; violation of rights to privacy, human dignity, and equal employment; enterprise dissolution or merger; employer’s right to dismissal; economic compensations arising from illegal dismissal; and worker’s damages arising from illegal dissolution of the employment contract. The carefully selected cases span the full range of labor law issues, with perspectives from parties to the action, attorneys, and judicial personnel as well as the editor’s expert analysis of the legal principles, statutes, and case law involved. This English translation of a book published in 2016—the first to focus on labor and employment-related issues in China in a comprehensive way via case law—will help the international community to understand China’s labor law environment and its current achievements. It will prove of immeasurable practical value for practitioners, arbitrators, and academics, as well as for employers and workers with an interest in China.

Author : Sean Cooney,Sarah Biddulph,Ying Zhu
Publisher : Routledge
Page : 210 pages
File Size : 48,6 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780415674072

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Law and Fair Work in China by Sean Cooney,Sarah Biddulph,Ying Zhu Pdf

China's economic reforms have brought the country both major international clout and widespread domestic prosperity. At the same time, the reforms have led to significant social upheaval, particularly manifest in labour relations. Each year, several thousand disputes break out over working conditions, many of them violent, and the Chinese state has responded with both legal and political strategies. This book investigates how Chinese governments have used law, and other forms of regulation, to govern working conditions and combat labour disputes. Starting from the early years of the Republican period, the book traces the evolution of the law of work in modern China right up to the reforms of the present day. It considers the structure of Chinese work law, drawing on both Chinese and Western scholarship to provide new insights into its unique features and assess where the law is innovative and where it is stagnant and unresponsive. The authors explore the various legal and extra-legal techniques successive Chinese governments have adopted to enforce work law and the responses of firms, workers and organizations to these practices.

Author : K. Lesli Ligorner
Publisher : Unknown
Page : 418 pages
File Size : 40,5 Mb
Release : 2012-03
Category : Law
ISBN : 9881552397

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Employment Law in China by K. Lesli Ligorner Pdf

Sweeping new developments in China labour law warrants this new edition of a much-relied-upon practice manual. You can count on Employment Law in China's thorough information and guidance to stay ahead of your employer liabilities in the minefield of China's labour law regime. Among the dozens of newly prominent 'danger zones' you'll learn to navigate securely are the following: Implications for employers from the revised Criminal Law in 2011; The new Work-related Injury Insurance Regulations that now covers public institutions, social groups, non-profit grassroots organisations, foundations, and law and accounting firms; The new Social Insurance Law that binds foreigners to contribute to the social insurance system; Updates to Shanghai's social insurance system and expatriates' eligibility to health and disability benefits; and Corporate tax benefits for recruiting unemployed individuals; and Updates to minimum wage rates for major Chinese cities. The book remains the most comprehensive and reliable guide to the best HR practice in China, with easy-to-understand coverage of employment law basics such as recruitment, benefits, tax, expatriate and foreign workers, training, industrial relations, termination and redundancy. Translations of the most relevant labour laws, rules and regulations are included. Employment Law in China, Fourth Edition will prove immeasurably valuable to line managers, human resource practitioners, company lawyers and other professionals involved in running day-to-day business operations in China.

Author : Zengyi Xie
Publisher : Springer
Page : 151 pages
File Size : 51,8 Mb
Release : 2015-05-26
Category : Law
ISBN : 9783662469293

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Labor Law in China by Zengyi Xie Pdf

​The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.

Author : King & Wood Mallesons
Publisher : Kluwer Law International B.V.
Page : 151 pages
File Size : 40,7 Mb
Release : 2021-08-20
Category : Law
ISBN : 9789403538952

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Labour and Employment Compliance in China by King & Wood Mallesons Pdf

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book - one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook - focuses on the relevant laws and regulations in China. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in China on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers’ compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

Author : Chen Ke
Publisher : Kluwer Law International B.V.
Page : 229 pages
File Size : 41,9 Mb
Release : 2018-06-07
Category : Law
ISBN : 9789403501857

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Labour Law in China by Chen Ke Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on China not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in China, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Author : Rohan B. E. Price,Björn Ahl
Publisher : Unknown
Page : 234 pages
File Size : 44,5 Mb
Release : 2009
Category : Labor laws and legislation
ISBN : 9888016814

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The Employment Laws of Hong Kong and China by Rohan B. E. Price,Björn Ahl Pdf

Author : Sergio M Moccia
Publisher : Igel Verlag
Page : 101 pages
File Size : 46,6 Mb
Release : 2008-08
Category : Law
ISBN : 9783868150452

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The level of protection provided by Chinese labour law compared to German labour law by Sergio M Moccia Pdf

AsienThis work describes the Chinese Labour Law and traces back the sources of the Chinese Labour Law regulations. In the first section, the German Labour Law and some of the most important clauses are explained. In further sections, the Chinese Labour Law itself and its coherent development, the main landmarks and the similarities to the German Labour Law, with its Romanist Tradition, are reflected. In particular the situation of the unions and their influence on management polices are named. Further more, this work displays the current situation in the Chinese corporate world and its relation towards the Chinese Labour Law. With the elaboration of three chosen cases, this thesis highlights the enforcement level and the core aspects of Chinese Labour Law that are frequently violated within Chinese joint-ventures and their partners from abroad, either from Asian or Western developed nations. In addition, this work focuses on the situation in Taiwan and Hong Kong in respect to their Labour Law systems and gives a brief overview over their core aspects and its future perspective and likelihood to keep its sovereignty under the increasing influence of China mainland. One of the main aspects is discussed in the sections dealing with the New Chinese Labour Law of 2007 and its upcoming implementation on the 1st of January 2008. Issues concerning the development and core improvements are evaluated and precisely explained. Further more, the ramifications and main changes that are likely to emerge in the near future will be discussed. This work will also shed some light on the reactions of the work force in China and multinationals in general. The fears and hopes that go hand in hand with the implementation of the new draft. Last but not least, this work will give proposals and suggestion to German and Western companies how to deal with labour law related issues that are planning to enter this viable and fast growing market. Moreover, it will give an overview over the main aspects in terms of Chinese Labour Law regulations that should be considered in order to establish a successful business in the People’s Republic of China.

Author : Dezan Shira & Associates,Chris Devonshire-Ellis,Christian Fleming,Eunice Ku
Publisher : Springer Science & Business Media
Page : 108 pages
File Size : 49,7 Mb
Release : 2013-11-19
Category : Business & Economics
ISBN : 9783642360428

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Human Resources and Payroll in China by Dezan Shira & Associates,Chris Devonshire-Ellis,Christian Fleming,Eunice Ku Pdf

Chinese law places significant obligations on employers to remain legally compliant in all labor matters. In this guide, we address the major issues in managing employment relationships in China. Including: Recruiting Professionals Hiring Staff Handling Payroll Managing the Employment Relationship Terminating the Employment Relationship Organizing Visas Within these topics, we address labor contracts, company rulebooks, salary packages, social insurance contributions, special circumstances for employees (extended sickness or pregnancy), termination and severance pay, and visas for foreign staff and Chinese staff being sent to work abroad. ​

Author : Shan Hailing
Publisher : Kluwer Law International B.V.
Page : 546 pages
File Size : 40,6 Mb
Release : 2012-11-01
Category : Law
ISBN : 9789041145239

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The Protection of Trade Secrets in China by Shan Hailing Pdf

For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following: the current framework of China’s trade secrets law, its past development and its ongoing trends; legal comparison of China’s trade secrets law with various international, regional, and national schemes; what constitutes trade secrets infringement in China and what remedies are available; and the legal interaction in China between employment relations and trade secrets protection. The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.

Author : Haina Lu
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 2011
Category : Human rights
ISBN : 9400001916

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The Right to Work in China by Haina Lu Pdf

From an international law perspective, this book examines the legislative protection of the right to work in China. As a human right, the right to work is an understudied subject, so is its national protection in China. The book conducts a systematic and comprehensive exploration on the content and State obligations regarding the right to work in international law, including both international human rights law and international labor law. It also examines the latest developments in China's legislation, especially labor law, in the light of clarified international standards. The book analyzes the implications of the Chinese experiences for the international human rights system.

Author : Baohua Dong
Publisher : Kluwer Law International
Page : 0 pages
File Size : 49,7 Mb
Release : 2019
Category : Labor disputes
ISBN : 9041195491

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Landmark Labor Law Cases in China by Baohua Dong Pdf

'Landmark Labor Law Cases in China' provides the most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. Each case has its own special features involving different legal problems and covering common issues in the existing labor law system of China. The Labor Law of the People?s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book addresses the most pressing challenges, particularly, the complexity and variability of the legal system concerning labor and employment in China.