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Preface
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xi
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Acknowledgments
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xiii
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PART I: UNDERSTANDING CHINA'S REGULATION OF THE WORKPLACE
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1
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1. Introduction
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3
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1. Use of Laws to Regulate the Workplace
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4
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2. Disparate Economic Impacts in the Workplace
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6
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|
2. Labor and Employment Laws and Administration
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13
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1. Responsibilities and Functions of the MOHRSS
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14
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|
2. Administration of Labor and Employment Laws
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16
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|
3. Goals and Expectations
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17
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|
PART II: EMPLOYMENT RELATIONSHIPS
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21
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|
3. Employment Relationships
|
23
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|
1. Introduction
|
23
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|
a. Workforce Profile
|
23
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|
b. Employment Relationships
|
23
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|
2. The Employer
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25
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|
3. The Employee
|
29
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|
4. Exclusions
|
31
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|
5. Exemptions
|
33
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|
4. Individual Labor Contracts: Formation and Content
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36
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1. Contract Formation
|
37
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|
2. Content of Contracts
|
38
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a. Formalities, Application, and Required Content
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38
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|
b. Performance
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40
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|
c. Termination
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40
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|
d. Legal Liabilities
|
41
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|
e. Collective Negotiations
|
42
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|
f. Employer Rules and Codes of Conduct
|
42
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|
5. Collective Labor Contracts and Collective Negotiations
|
44
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|
1. Trade Unions in China
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44
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a. Role of the Union
|
48
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|
2. Historic Obstacles to Collective Negotiations
|
49
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|
3. Current Law on Collective Negotiations
|
53
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|
a. Coverage and Purposes
|
54
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|
b. Negotiating Representatives
|
54
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|
c. Scope of Negotiable Subjects
|
55
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|
d. Labor Bureau Supervision of Collective Negotiations
|
56
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|
e. Collective Negotiation Procedures
|
57
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|
f. Duties of Proper Conduct for Collective Negotiations
|
58
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|
PART III: HIRING AND EMPLOYMENT PRACTICES
|
63
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|
6. Hiring and Employment Practices and the Law
|
65
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|
1. Employment Promotion and Labor Market Management
|
65
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2. Recruitment, Selection, and HRM
|
69
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|
3. Privacy and Defamation Limits
|
72
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|
7. Employment Antidiscrimination Laws
|
75
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1. Protected Status and Hiring Practices
|
75
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a. Gender
|
77
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|
b. Sexual Harassment
|
81
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|
c. Race/Ethnicity
|
83
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|
d. Migrant Workers
|
86
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|
e. Religious Belief
|
91
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|
f. Disability/Health
|
92
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2. Unprotected Status Categories
|
99
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a. Age
|
99
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b. Height
|
100
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3. Enforcement
|
101
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PART IV: WORKING CONDITIONS, WAGES, AND HOURS
|
103
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|
8. Safety and Health Protection
|
105
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1. Workplace Environment
|
105
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a. Safety
|
105
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b. Health
|
107
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|
2. Legal Regulation
|
109
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a. Safety Rights and Obligations
|
109
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|
b. Occupational Health Rights and Obligations
|
111
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|
9. Injury Compensation
|
115
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|
1. Injuries in the Workplace
|
115
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|
2. Coverage
|
117
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|
3. Administrative Requirements
|
118
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|
4. Disability Benefits
|
120
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|
5. Enforcement
|
121
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|
10. Wages and Hours
|
125
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1. Societal Disparities
|
126
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2. Law on Wages
|
128
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|
3. Law on Hours
|
129
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|
4. Law on Overtime
|
130
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|
5. Enforcement
|
131
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|
PART V: EMPLOYEE BENEFITS: LEAVES, MEDICAL, MATERNITY, WORK-RELATED, UNEMPLOYMENT, AND PENSION INSURANCE
|
133
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|
11. Mandated and Nonmandated Employee Benefits
|
135
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|
1. Social Security System
|
135
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|
2. Mandated Social Insurance Programs and Funds
|
136
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|
a. Medical Benefits
|
136
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|
b. Maternity Benefits
|
137
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|
c. Work-Related Injury Insurance
|
138
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|
d. Unemployment Benefits
|
139
|
|
e. Pension Insurance
|
140
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|
f. Housing Fund
|
143
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|
g. Union Fund
|
143
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|
3. Mandated Leave Benefits
|
143
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|
a. Legal Holidays
|
143
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b. Paid Leave: Annual, Medical, and Maternity
|
144
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|
c. Other Leaves Not Clearly Mandated: Home, Marriage, and Bereavement
|
146
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|
4. Nonmandated Employee Benefits
|
146
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PART VI: DISCIPLINE AND TERMINATION UNDER EMPLOYMENT AGREEMENTS
|
149
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|
12. Employer Work Rules, Discipline, and Termination
|
151
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|
1. Employer Work Rules and Discipline
|
151
|
|
2. Termination under Labor Contracts
|
154
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|
a. When a Labor Contract Ends versus Terminates
|
154
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|
b. Termination by Employer without Notice or Severance Pay
|
154
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|
c. Termination by Employer with Notice and Severance Pay
|
157
|
|
d. Limits and Prohibitions on Unilateral Termination by the Employer
|
159
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|
3. Termination by the Employee
|
160
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|
4. Liabilities: Remedies and Severance Pay
|
160
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|
13. Restrictive Covenants: Employee Loyalty and the Employer's Protectable Interests
|
163
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|
1. Legal Regulation
|
163
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|
2. Protectable Interests: Confidentiality and Competition
|
164
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|
3. Remedies for Breach
|
166
|
|
14. Resolving Labor Disputes by Mediation, Arbitration, and Litigation
|
168
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|
1. Legal Regulation of Labor Disputes
|
168
|
|
2. Mediation
|
171
|
|
3. Arbitration
|
172
|
|
4. Arbitration Process
|
176
|
|
5. Litigation
|
180
|
|
PART VII: RIGHTS, REMEDIES, AND MULTIPLE FORUMS
|
185
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|
15. Working Labor and Employment Law Illustrations
|
187
|
|
1. Rights, Remedies, and Multiple Forums
|
187
|
|
2. Illustrative Cases
|
189
|
|
a. Labor Arbitration
|
189
|
|
b. Restrictive Covenant
|
189
|
|
c. Individual Employment Contract
|
192
|
|
d. Collective Contract
|
198
|
|
16. Illustrative Contracts
|
200
|
|
1. Individual Employment Contract
|
200
|
|
2. A Model Collective Contract (for Trial Implementation)
|
209
|
|
Appendix
|
253
|
|
1. Labor Law of the People’s Republic of China
|
253
|
|
2. Labor Contract Law (of the People’s Republic of China)
|
270
|
|
3. Regulation on the Implementation of the Employment Contract Law of the People's Republic of China
|
290
|
|
4. Law of the People's Republic of China on Labor Dispute Mediation and Arbitration
|
299
|
|
5. Employment Promotion Law of the People's Republic of China
|
310
|
|
Index
|
323
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