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China Labour Contract Law Guide (Bilingual)

China Labour Contract Law Guide (Bilingual)

Author: Jiang Junlu
Publisher: CCH Hong Kong
ISBN: 9787508615615
Published In: June 2009
Format: Hardback
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details
The Labor Contract Law was promulgated in China, and was implemented with effect from 1st January 2008. It regulates the conclusion, performance, amendment, dissolution or termination of Labor contracts.

The Labor Contract Law is approved and promulgated by the General Office of the National People’s Congress Standing Committee, and is a special law which is applicable throughout the entire country. The Labor Contract Law is consistent with the Labor Law in terms of legal principles. In addition, the Ministry of Labor has stipulated many departmental regulations with regard to Labor contract as the supplement of the Labor Law. For instance, Economic Compensations due to Violation or Rescission of Labor Contracts (issued on 3rd December 1994 by the Ministry of Labor) and Measures on Compensating for the Violation of Relevant Provisions on Labor Contracts under the Labor Law (issued on 10th May 1995 by the Ministry of Labor).

The Implementation Regulations on the Labor Contract Law of the People’s Republic of China was passed by the State Council at the 25th General Council Meeting on 3 September 2008, and issued and implemented on 18 Sep. 2008. Article 1 of the Implementation Regulations on the Labor Contract Law of the People’s Republic of China provides the legislative purpose of the Regulations. Due to the lack of clarity in some parts of the Labor Contract Law, there were difficulties in implementing some clauses. In order to carry out and implement the Labor Contract Law, and eliminate the implementation difficulties, there‘s a need to formulate the regulations for implementation.

Features and Benefits
- Detailed and systematic analysis by experts provides reader-friendly and practical reference for practical use.
- Written in a plain and straightforward manner for easy understanding.
- Contains main fields under Labour Contract Law statutory framework, especiallyelaborates those topics cared by HR managers/ in-house counsels, like offer letter, internal regulations, compensation to employees under de facto labour relationship, etc.
- Presents the straightforward interpretation and aims to provide solutions (answers most commonly asked questions, discusses the attentions in practice and presents valuable advices)
- Especially arranges chapters focusing on issues more cared by foreign invested companies, for the instance, the employment of foreigners
§         China labour legislation survey
§         Employment of foreigners and people from Hong Kong, Macao and Taiwan
§         Special types of the employment
§         Recruitment
§         Employment contract
§         Labour union, collective negotiation and collective contract
§         Internal policies and punishments of enterprises
§         Training and assessment
§         Working hours and vacations
§         Modification, early termination, termination and renewal of the employment contract
§         Labour relation settlement during M&A, dissolution and insolvency
Dr. Jiang Junlu, Partner, King & Wood Law Firm