Employment Law and Practice in China, 2nd Edition

Author: Andreas Lauffs
Publisher: Sweet & Maxwell Hong Kong
ISBN: 9789626615324
Published In: April 2014
Format: Hardback
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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An up-to-date reference book for practitioners and business professionals dealing with employment and labor matters in and out of China

Employment law and workers’ rights continue to evolve in China at an astonishing pace as new Amendments to China’s Employment Contract Law have just taken effect this past July 2013. The second edition of Employment Law in China is the prime resource for a comprehensive and analytical analysis of China’s evolving employment laws, their application in and out of China, and real-world impact on doing business in the second largest economy in the world.

The second edition is completely overhauled and revised to take into consideration new national and local rules, including the latest and most up-to-date case laws and legal precedence. Areas examined and of considerable interest to both Legal Practitioners and Business Professionals include:

(i) Stringent restrictions on use of agency or contingency workers;
(ii) New penalties imposed upon employers for abusing labour dispatch arrangements;
(iii) Advent of labour unions and works councils;
(iv) Collective bargaining agreements;
(v) Secondment of expat managers to China;
(vi) Protection of trade secrets and enforcement of restrictive covenants;
(vii) Transfer of employment in M & A situations; and very importantly
(viii) New social insurance obligations for both Chinese and foreign employees.

Practical and analytical commentary regarding the following are provided:

Key issues faced by businesses
The impact of the changes brought about by the amended Employment Contract Law
The essentials for successful business operations in China’s sensitive cultural landscape

Written by distinguished author, Andreas Lauffs, Baker & McKenzie

The head of the Employment Law Group at Baker & McKenzie
Recognised as a leading employment lawyer by Chambers Asia, Asia Pacific Legal 500
Has over two decades of experience advising on employment law and related business issues in China

1. Introduction to Employment Law in the People’s Republic of China
2. Representative Offices
3. Recruitment
4. The Employment Relationship and Employment Contract
5. Mergers and Acquisitions
6. Working Hours, Overtime, Leave and Holidays
7. Remuneration, Benefits, Stock Options and Social Insurance
8. Occupational Health and Safety
9. Termination of Employment
10. Employer and Employee Interests: Trade Secrets, Confidentiality, Restrictive Covenants, Inventions and Copyright
11. Employee Rights and Privacy Issues
12. Individual Income Tax
13. Labour Unions and Collective Bargaining In China
14. Labour Disputes In China

Andreas Lauffs, Baker & Mckenzie, Partner and Head of Employment Law Group