Landmark Labor Law Cases in China: An In-Depth Analysis

About this book:
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.

What’s in this book:
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
• workers’ 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. The knowledge points underlying the selected cases in this book have set up the institutional framework of the Chinese labor law system.

How this will help you:
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. Through real cases with attorneys’ arguments from various perspectives, the book equips the reader with current and future labor law environment and knowledge in China. It will prove to be of immeasurable practical value for practitioners, arbitrators, and academics, as well as for employers and workers with an interest in China.