* Employment Law in China: A Practical Guide

NOT YET PUBLISHED

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 labour 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 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.

table of content

Preface

Glossary of Common Terms

 

Chapter 1: Employment Relations

Introduction

Section 1: Employment Relationships: Principle and Types

Section 2: Difference between Employment and Contractor Relationships

Section 3: Special Types of Workers and Work Relationships

Section 4: Labour Dispute Procedure

 

Chapter 2: Employment Commencement

Introduction

Section 1: Employer Obligations at the Start

Section 2: Double-Wage Damages and Employer Immunity

Section 3: Calculation of Double-Wage Damages

Section 4: Probation Period and Validity of Employment

 

Chapter 3: Employee Entitlements

Introduction

Section 1: Employee Leave and Special Entitlements

Section 2: Sick Leave and Female Employee Rights

Section 3: Employers Handling Work Injuries

Section 4: Employee Entitlement for Work Injuries

 

Chapter 4: Performance of Employment Contract

Introduction

Section 1: Wages Entitlement, Calculation and Payment

Section 2: Employer Management and Disciplinary Action

Section 3: Equity Incentive, Strike, and Employer Misconduct

 

Chapter 5: Employment termination

Introduction

Section 1: Termination: Resignation, Retirement, or Party Demise

Section 2: Employer-Initiated Termination

Section 3: Calculation of Termination Compensation

Section 4: Other issues for Employment Termination

 

Chapter 6 Trade Secrets, Non-competition and Personal Information Protection

Introduction

Section 1: Trade Secret Protection

Section 2: Non-Competition

Section 3: Personal Information Protection

 

Chapter 7 Summary and Practical Guidelines

 

Afterword