Employment Law in China

Auteur

Dong Wang is a barrister and solicitor in New Zealand. He is a former part-time employment arbitrator of the Shenzhen Employment Dispute Arbitration Committee, member of GuangDonng Employment Law Society, and expert witness on Chinese employment law for the Supreme Court of Queensland, Australia, with extensive theoretical and practical experience.

Peng Zhao is the Director of Royal Law Firm, China. He has extensive practical experience in employment dispute cases, including the 2016 Linak case before the Supreme Court of China. He is also highly experienced as corporate legal counsel for business operations, covering commercial law, company law, and intellectual property law.

Texte du rabat

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.

Contenu

Preface
Glossary of Common Terms

Chapter 1: Employment Relations

Introduction

Section 1: Employment Relationships: Principle and Types

1. What is the principle that employer and employee treat each other?
2. What are the types of employment relations under China's employment laws?
3. Should I sign a collective contract or an individual contract when I join a company?
4. What is the legal effect of signing collective contract by employer and employees?
5. Is it legal for my employer to sign a fixed-term contract with me instead of a permanent employment contract?
6. Is my employment contract on general work hours (or irregular work hours) considered valid?
7. What are common special employment relationships in daily life?
8. What are common contractor relationships in daily life? What are common contractor relationships in daily life?

Section 2: Difference between Employment and Contractor Relationships

9. How can I distinguish between my casual employees and full-time employees?
10. Can casual employees request to be transferred to a permanent or other forms of employment contracts?
11. Can a volunteer be an employee?
12. How do I distinguish between an employment relationship and a contractor relationship?
13. I am a cleaner with a regular work schedule. Am I an employee of this company or a contractor?
14. Are employees on call at home entitled to wage payment?
15. What are the different legal consequences of my employment relationship or contractor relationship with a company?
16. What are the differences between employment relationships of an assignment contract, a casual contract, and a contractor relationship?

Section 3: Special Types of Workers and Work Relationships

17. I am a worker of 15 years old. Should my employer assume the liability for my work-related injury?
18. Is the family member of the boss hired by the company considered an employee?
19. If my employer continues to employ me after I reach the retirement age, do we still maintain the employment relationship?
20. A company just hired a 62-year employee. Is it employment relationship?
21. My company has signed a labor outsourcing agreement with a human resources company. Is this legal?
22. I was assigned to work for a company by a human resources company. What is the relationship between me and the human resources company?
23. Can a labor dispatch company sign permanent employment contracts with its staff?
24. We are a representative office of a foreign company. Can we hire employees directly in China?
25. I am a civil servant. Is there an employment relationship between me and the government?

Section 4: Labour Dispute Procedure

26. What avenues should be taken to handle employment disputes between employers and employees?
27. Is there a time limitation for employees or employers to file employment arbitration application?
28. Do the Labor Arbitration Committee or Court Proactively Review the Limitation of Labor Arbitration?
29. Is employees' claim of employment relationship confirmation subject to one-year limitation of labor arbitration?
30. Is it too late for me to claim probation period damages to the employer?
31. What are the interruption and suspension of the limitation of labor arbitration?
32. Which labor arbitration committee has the authority to handle labor dispute cases?
33. Can my company appeal to the court after losing in labor arbitration?

Chapter 2: Employment Commencement

Introduction

Section 1: Employer Obligations at the Start

34. What types of social insurance should employers buy for employees?
35. What liability should an employer bear if it reneges on its wage commitment to an employee candidate?
36. When does the employment relationship begin: at the actual start of work or the time specified in the employment contract?
37. How should employers set up and maintain employees' employment files?
38. An employee refused to sign an employment contract after joining our company. What should we do?
39. Is it legal for the employer to collect my deposit and retain my certificate?
40. An employer arranged a no-pay trial work for a candidate. Is it legal?
41. Is it legal for my employer not to pay me as a student intern worker?

Section 2: Double-Wage Damages and Employer Immunity

42. What is double-wage damages for the absence of a signed employment contract?
43. Under what circumstances should employers sign written employment contracts with their employees?
44. What are the exemptions from the obligation to pay double-wage damages?
45. Can subsequent or retroactive signing of an employment contract exempt the employer from double-wage damages?
46. Are there any typical judicial decisions on subsequent or retroactive signing of employment contracts?
47. Is a host employer liable for double-wage damages for invalid labor dispatch?
48. Is employer liable if employee purposely has someone else to sign the employment contract and then claims double-wage damages?
49. Will an amendment agreement after the expiration of a fixed-term employment contract lead to double-wage damages?
50. What are the other exceptions in practice under which employers are exempt from double-wage damages?

Section 3: Calculation of Double-Wage Damages

51. How is the actionable period for double-wage damages determined?
52. How are double-wage damages calculated for newly joined employee?
53. Is it too late for me to claim the double-wage damages?
54. How are double-wage damages calculated for not signing a permanent employment contract?
55. Under what circumstances must employers sign permanent employment contracts with employees?
56. Should a permanent employment contract be signed after two consecutive fixed-term employment contracts?
57. How are double-wage damages calculated for not signing a new contract after the expiration of a fixed-term employment contract?
58. How is the wage standard for double-wage damages determined?

Section 4: Probation Period and Validity of Employment

59. How long of a probation period can an employer provide for a newly recruited employee?
60. I am a newly recruited employee of the company. What rights and obligations do I have during the probation period?
61. What legal consequences will an employer face for extending an newly hired employee's probation period?
62. Is it legal for an employer to require a current employee to undergo a second probation period?
63. An employer notified its employee of termination only after the probation period. Is it legal?
64. Is the employment contract I signed invalid?
65. Is my employer legal to sign an assignment contract with me?
66. Is my labor dispatch contract invalid?
67. What is the current judicial trial rule for invalid labor dispatch in Chinä

Chapter 3: Employee Entitlements

Introduction

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