Full Description
This book provides clear and concise explanations to over 200 questions on China's current employment laws. It helps readers answer the question: "What are my rights and what should I do?" in given practical situations.
Adopting a question-and-answer format, the book covers a wide range of topics including labor dispute procedures, employer obligations and immunities, employee entitlements, work injuries, wages, misconduct, and termination. In addition to employment law, the book also includes interdisciplinary material on trade secrets, non-competition, personal information protection, and administrative and criminal liabilities.
The book provides advice in the form of direct answers that set out the statutory principles, legal analysis, conclusion, and comments. It carefully selects and cites over one thousand court cases to illustrate employment law practice and the legal consequences of specific issues. It also distinguishes the different local regulations and judicial practices across provinces and cities.
This book is written for readers who are familiar with general concepts but may not have formal knowledge of the law. To this purpose, it will be a valuable resource for business owners, employees, and HR specialists. It will also appeal to legal scholars and professionals who provide corporate legal counsel.
Contents
Preface
Glossary of Common Terms
Chapter 1 EMPLOYMENT RELATIONS
Introduction
1.1 Employment Relations: Principle and Classification
1.2 Difference between Employment and Contract Relations
1.3 Special Types of Workers and Work Relations
1.4 Labor Dispute Procedure
Chapter 2 EMPLOYMENT COMMENCEMENT
Introduction
2.1 Employer Obligations at the Start
2.2 Double-Wage Damages and Employer Immunity
2.3 Calculation of Double-Wage Damages
2.4 Probation Period and Validity of Employment
Chapter 3 EMPLOYEE ENTITLEMENTS
Introduction
3.1 Employee Leaves and Special Entitlements
3.2 Sick Leave and Female Employee Rights
3.3 Employers Handling Work Injuries
3.4 Employee Entitlements for Work Injuries
Chapter 4 PERFORMANCE OF EMPLOYMENT CONTRACT
Introduction
4.1 Wage Entitlements, Calculation, and Payment
4.2 Employer Management and Disciplinary Actions
4.3 Strike, Equity Incentive, and Employer Misconduct
Chapter 5 EMPLOYMENT TERMINATION
Introduction
5.1 Resignation, Retirement, and Party Demise
5.2 Employer-Initiated Employment Termination
5.3 Calculation of Termination Compensations
5.4 Other Issues for Employment Termination
Chapter 6 TRADE SECRETS AND NON-COMPETITION
Introduction
6.1 Trade Secret Protection
6.2 Non-Competition
6.3 Personal Information Protection
Chapter 7 SUMMARY AND PRACTICAL GUIDELINES
Introduction
7.1 Principles of Conduct in Employment Relationships
7.2 Collective Contracts and Individual Contracts
7.3 Distinguishing between Employment Relations and Contractor Relations
7.4 Selecting Different Types of Employment Contracts During Recruitment
7.5 Rights and Obligations under General Work Hours or Irregular Work Hours Employment Contracts
7.6 Rights and Obligations under Part-Time Employment Contracts
7.7 Rights and Obligations under Labor Dispatch Contracts
7.8 Judicial Procedures for Employment Disputes
7.9 Matters Related to Recruitment and Employee Onboarding
7.10 Purchase of Social Insurance
7.11 Signing Written Employment Contracts
7.12 Probationary Period for Employees
7.13 Invalidation of Employment Contract
7.14 Paid Annual Leave
7.15 Bereavement Leave
7.16 Special Protection for Female Employees
7.17 Maternity Leave and Paternity Leave
7.18 High-Temperature Allowance
7.19 Matters Related to Sick Leave
7.20 Recognition and Handling of Work Injuries
7.21 Work Injury Entitlements
7.22 Employee Wages
7.23 Employee Overtime Pay
7.24 Workplace Rights and Mental Damages
7.25 Lawful Disciplinary Actions
7.26 Employee-related Financial Compensation
7.27 Multiple Employers' Use of an Employee
7.28 Employee Position Transfer
7.29 Employee Collective Strike
7.30 Equity Incentive
7.31 Unjustified Wage Deduction and Arrear
7.32 Administrative and Criminal Penalties for Employers Violating Employment Law
7.33 Resignation and Forced Resignation of Employees
7.34 Employee Retirement
7.35 Employee Death and Employer Demise
7.36 Lawful Dismissal
7.37 Economic Redundancy
7.38 Termination for Major Change in Objective Condition
7.39 Termination of Employment for Employee's Incompetence
7.40 Termination of Employment Due to Employee's Gross Misconduct
7.41 Protection of Trade Secrets
7.42 Non-Competition Agreement
7.43 Personal Information Protection
7.44 Company Rules and Regulations and Contracts Management
Afterword
Index
