Understanding Labor and Employment Law in China

by Brown, Ronald C.

• ISBN13: 9781107402652
• ISBN10: 1107402654
• Format: Paperback
• Copyright: 2011-07-21
• Publisher: Cambridge Univ Pr

Summary

Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in under-regulated workplaces. Now, there are new labor law reforms raising the rights and standards of workers throughout China. These new laws have been praised for their progressive measures and at the same time blamed for placing too many economic burdens on companies, especially those operating on the margins and those that have caused business failures. This, combined with the recent global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the new labor laws. Meanwhile the Chinese Union has organized Wal-Mart and many of the Global Fortune 500 companies and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the current labor and employment law environment in China and its legal requirements, as well as current practices under these laws used to deal with growing labor issues. Never has there been a time when understanding China's labor and employment laws is more important.

Table of Contents

Understanding China's Regulation of the Workplace

Introduction

Labor and employment laws and administration

Employment Relationships

Employment relationships

Individual labor contracts formation and content: tightening the relationship

Collective labor contracts and collective negotiations

Hiring and Employment Practices

Hiring and employment practices and the law

Employment anti-discrimination laws

Working Conditions, Wages, and Hours

Safety and health protection

Injury compensation

Wages and hours

Employee Benefits: Leave, Medical, Maternity, Work-Related, Unemployment, and Pension Insurance

Mandated and non-mandated employee benefits

Discipline and Termination under Employment Agreements

Employer rules: conduct, discipline, and termination

Restrictive covenants: employee loyalty and employers' protectable interests

Resolving labor disputes by mediation, arbitration, and litigation legal regulation

Rights, Remedies, and Multiple Forums

Working labor and employment laws: illustrations

Illustrative contracts

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