China Labour Law: A Q&A Guide for Foreign Lawyers and HR Managers

Author: Gianluca D’Agnolo
Publisher: Sweet & Maxwell Hong Kong
ISBN: 9789626617380
Published In: April 2015
Format: Paperback , 246 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

China Labour Law: A Q&A Guide for Foreign Lawyers and HR Managers is aimed at helping foreign lawyers and human resources managers understand China’s labour law framework. The format is based on the author’s practical experiences and analyses of case studies and select local city regulations, such as Tianjin, Chongqing and Shenzhen.

Answers are structured in four parts:
(a) case study;
(b) answer to the case study,
(c) general legal framework; and
(d) list of laws, regulations and judicial decisions.

In addition, important laws and regulations and abstracts of important judicial decisions are included as appendices.

Questions cover major aspects of China’s labour law framework, such as:
• Hiring procedures
• Formalities of the employment contract
• Wages and contributions
• Role of trade unions
• Discrimination
• Sexual harassment
• Termination of the employment relation
• Invalidity causes of the employment contract
• Maternity leave
• Part-time, foreign employees

Practical and precise system of cross-referencing
• Extensive appendix with English translations of the main laws and regulations
• Practical tables for the calculation of social insurance and housing
• Details on fund contributions, with the minimum amount of compensation in case of work-related injuries.

Chapter 1 – Formation of a labour contract
Chapter 2 – Probation period
Chapter 3 – Term
Chapter 4 – Part-time, over-time, flexible time
Chapter 5 – Salary
Chapter 6 – Leave
Chapter 7 – Representative offices
Chapter 8 – Foreign employees
Chapter 9 – Privacy
Chapter 10 – Trade unions and strikes
Chapter 11 – Discrimination and sexual harassment
Chapter 12 – Work-related injuries
Chapter 13 – Non-competition
Chapter 14 – Termination of a labour contract
Chapter 15 – Severance pay
Chapter 16 – Arbitration/litigation

Gianluca D’Agnolo is the managing partner of the Shanghai office of Chiomenti Law Firm, a leading Italian firm. He has been providing legal advice to foreign companies on their investments in China for almost 20 years. He is author of several publications on Chinese laws and an arbitrator at the Shanghai International Arbitration Centre.