1. Brief Description of Anti-Discrimination Laws Currently, the rules on anti-discrimination are scattered throughout various laws and regulations. However, these rules are very general and impractical and do not specify what discrimination is, how to determine its existence, how to allocate the burden of proof in establishing it and what liability should be imposed. 2. […]
How to Hire a Foreign Employee in China
1. Employees’ Rights Under the Labor Contract Law, when an employer decides major company matters that directly implicate the interests of employees, the employer should discuss such matters with the employee representative congress or its entire staff. It should only make a decision after consulting with the trade union or employee representatives. The consultation procedure […]
1. Brief Description of Employees’ and Employers’ Organizations (1) Trade Unions In China, all trade unions must be affiliated with the All-China Federation of Trade Union (hereafter referred to as “ACFTU”) and there are no independent trade unions in China. ACFTU is a national-level organization that reports directly to the Chinese Communist Party and has […]
1. Minimum requirements Under the Labor Contract Law, a written employment contract is necessary to establish an employment relationship. However, a part-time employee, who works no more than 24 cumulative hours per week and four average hours per day, is subject to different requirements and may be employed under an oral contract. The law gives […]
According to the PRC Labor Contract Law, the employer is entitled to know an employee’s basic information, which directly relates to the employment contract and the employee is obligated to inform the employer of the said information truthfully. However, the background checks or application/interview questions shall not infringe employees’ privacy rights or equal employment rights; […]
1. Definition of Restrictive Covenants In the PRC Labor Contract Law, there is no express definition of restrictive covenants. However, restrictive covenants are commonly used in practice. For example, an employment contract and a Separation Agreement may include obligation of not violating the conflict of interests policy, confidentiality obligation, non-disparagement obligation, non-solicitation obligation and non-compete […]
1. Can the employer restrict the employee’s use of Internet and social media during working hours? Under PRC Labor Contract Law, the employer could formulate its internal policies in accordance with law. If such policies involve the matters such as working hours, work discipline, etc., which have a direct impact on employees’ immediate rights and […]
1. Legal framework The Chinese government has set up social security systems such as basic pension insurance, basic medical insurance, work-related injury insurance, unemployment insurance, maternity insurance, etc. to protect the basic rights of citizens. These systems enable Chinese citizens to obtain assistance from the state (according and subject to certain conditions and procedures) in […]
1. Grounds for Termination PRC labor law generally favors employees and therefore contains many statutory provisions on termination of employment contracts that protect employees’ rights and interests. The statutory grounds for termination are as follows. Termination by mutual agreement Termination by the employee Termination by the employer Automatic termination Practitioners and courts in China interpret […]
1. Minimum Working Conditions An employer should provide an employee with a clean and safe working environment in compliance with all applicable laws and regulations regarding safety and hygiene. The conditions should also contain all required protections against any occupational hazards involved in the employee’s position. An employer must also provide an employee with necessary […]
