Understanding Labor and Employment Law in China

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 underregulated workplaces. More recently, labor law reforms 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, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized 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 labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.

Part I. Understanding China's Regulation of the Workplace: 1. Introduction; 2. Labor and employment laws and administration; Part II. Employment Relationships: 3. Employment relationships; 4. Individual labor contracts formation and content: tightening the relationship; 5. Collective labor contracts and collective negotiations; Part III. Hiring and Employment Practices: 6. Hiring and employment practices and the law; 7. Employment anti-discrimination laws; Part IV. Working Conditions, Wages, and Hours: 8. Safety and health protection; 9. Injury compensation; 10. Wages and hours; Part V. Employee Benefits: Leave, Medical, Maternity, Work-Related, Unemployment, and Pension Insurance: 11. Mandated and non-mandated employee benefits; Part VI. Discipline and Termination under Employment Agreements: 12. Employer rules: conduct, discipline, and termination; 13. Restrictive covenants: employee loyalty and employers' protectable interests; 14. Resolving labor disputes by mediation, arbitration, and litigation legal regulation; Part VII. Rights, Remedies, and Multiple Forums: 15. Working labor and employment laws: illustrations; 16. Illustrative contracts.