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Employment Law and Practice in China

Employment Law and Practice in China

Author: Andreas Lauffs
Publisher: Sweet & Maxwell Hong Kong
ISBN: 9789626613252
Published In: May 2008
Format: Hardback , 500 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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"...every manager needs to ensure their company is in full compliance. This book will provide a roadmap and checklist for addressing each of these areas...this book, although centered on law and regulations, can serve well as a reference to all business departments with employment considerations"
Michael Barbalas President, American Chamber of Commerce – China

"a comprehensive and practical guide and reference to ...employment laws and practices in China".

Robert Poole, Vice President, Director of China Operations, The US-China Business Council

China's stature as the "manufacturing hub for the world" and its increasing status as an economic powerhouse has meant that almost all the major corporations in the world have a presence in China. This title provides the information you need to navigate and succeed in China's evolving employment marketplace.

With the passing of the new Employment Contract Law effective as of 1st January 2008 and a raft of other related laws, the landscape for businesses in China has completely changed. As the demand for labor grows and the economic and legal landscape in China evolves, this book provides practical and analytical commentary on the key issues faced by businesses. It also covers the impact and the changes brought about by the new law.

Key Benefits:

§ Timely - published to enable coverage of the new laws that came into effect this year, giving you the latest insights into this developing area of law

§ Hot topics - coverage of the issues that businesses need to be aware of

§ Analysis of the application of the new laws and their impact on businesses

§ Extensive case studies providing a practical approach to applying the changes

§ Chapters focused on business application rather than pure legalease

To ensure you understand potential pitfalls of working in China, Employment Law & Practice in China addresses key issues including:

§ The legal position of a representative office

§ Potential employment related liability when acquiring a Chinese company

§ Risks involved in paying employees negotiable securities

§ How to enforce non-solicitation clauses when the laws do not specifically provide for this

Employment Law & Practice in China includes in-depth analysis of the labor laws in China covering representative offices, employment contracts and employment relationships, mergers and acquisitions, labor disputes and other employment matters appended with English translations of the key Chinese laws by reputable legal experts.

Chapter 1: Introduction to Employment Law in the People's Republic of China

Chapter 2: Representative Offices

Chapter 3: Recruitment

Chapter 4: The Employment Relationship and Employment Contracts

Chapter 5: Mergers and Acquisitions

Chapter 6: Working Hours, Overtime, Leave and Holidays

Chapter 7: Remuneration, Benefits, Stock Options and Social Insurance

Chapter 8: Occupational Health and Safety
Chapter 9: Termination of Employment

Chapter 10: Employer and Employee Interests: Trade Secrets, Confidentiality, Restrictive Covenants, Inventions and Copyright

Chapter 11: Employee Rights and Privacy Issues

Chapter 12: Individual Income Tax

Chapter 13: Labor Unions and Collective Bargaining In China

Chapter 14: Labor Disputes In China

Appendix 1-Labor Law of the People's Republic of China
Appendix 2 - Law of the People's Republic of China on Employment Contracts
Appendix 3 - Law of the People's Republic of China on the Promotion of Employment
Appendix 4 - Labor Union Law of the People's Republic of China
Appendix 5 - Law on the Mediation and Arbitration of Employment Disputes
Appendix 6 - Table of Useful Websites

Andreas Lauffs, Baker & McKenzie