Employment Law in China

In this post, social insurances indicates  employment related social insurances only. (There are also other social insurances in China, which may be related to farmers or students.) 1. Defination of Social Insurance System It is a social security system built by compulsive law to protect labourer when they are getting old, sick, unemployed, etc. 2. Types of Social insurance Five types:  employment injury insurance, basic endowment Deluxe Mechanical Bull insurance, medical  insurance, unemployed insurance and maternity insurance. 3. Types of Workers In Shanghai, with "hu kou"（户口), the policy divides workers into  local workers and migranRead the rest of this entry »

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Someone emailed me to ask about the recruitment, then I realise I need to write something about it, because this is a very important part before concluding a labour contract, lots of potential legal risks, but few rules or regulations. Risk 1: Vague Recruitment Requirements on Recruitment Advertisement           Recruitment Requirements are something  the employer could count on when it wants to fire an employee during probation period. Thus, the employer needs: 1) to detail the common requirements on recruitment ad, such as good health, honest, education, working experience, working time, etc. 2) to detail the specific requirements of the positRead the rest of this entry »

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Is hiring or firing an Ayi (Someone who do your cleaning, cooking or baby sitting)  bound to Labour Rules? No,  the relation between the family and its Ayi is not a labour relation. How to define the relation between a family and an Ayi ? It's a service relation. What's the difference between the service relation and labour relation? Service relation is between equal parties, civil rules in China protect both parties without gonfiabili prejudice. Labour relation is between unequal parties. When 南京充气城堡 drafting the labour rules, the legislator assumed the employer has power over employee, so the employee needs more protection froRead the rest of this entry »

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In  every labour contract, there are statutory clauses and promissory clauses. The statutory clauses shall be stipulated  in accord with labour law, and the promissory clauses could be stipulated by contractual parties with free will as long as they don't violate other laws in China. The difference  between Chinese labourer and Foreign labourer when concluding a labour relation in China is the foreign labourer has pula pula inflavel more promissory areas. Due to statutory rules are used to protect labourer, the Chinese labourer is protected more. Statutory areas for Chinese labourer Statutory Areas for foreign labourer National Rules ShanRead the rest of this entry »

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（Promulgated by the Ministry of Labour， Ministry of Public Security， Ministry of Foreign Affairs and Ministry of Foreign Trade and Economic Cooperation， on 22 January 1996 and effective as of 1 May 1996.） PART ONE　GENERAL PROVISIONS 　　Article 1　These Regulations are formulated in accordance with the provisions of relevant laws and regulations in order to strengthen administration of the employment of foreigners in China. 　　Article 2　For the purposes of these Regulations， the term “foreigners” shall refer to persons who do not have Chinese citizenship pursuant to the provisions of the PRC， Nationality Law. 　　For the purposes of thRead the rest of this entry »

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National Rules and Loacal Rules: The labour rules in China are a big family. There are national rules which could apply to entire China, and also there are local rules which only apply to local labour relation.  Sometimes, the local rules may conflict with national rules. Even according to legislation  law, we shall apply castillos hinchables to national rule when there are conflicts, the local authorities prefer local rules. New Rules and Old Rules Due to there are a lot of revolutions of labour law in China,  we shall know which rules are applicable—new rules or old rules? New rules are only apply to the labour relations  after they are promulgated.

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Part Time labour  is also governed by labour contract law, but it is quite different from full time labour： The working hour system of part time labour: 1. The remuneration is generally calculated on hourly basis; 2. The average working hours of a worker per day shall not be more than four hours hüpfburg and the cumulative working hours per week for the same employer shall not be more than 24 hours; The form of the Labour Contract: Both parties may conclude an oral agreement. The labour relation of part time is not exclusive. Any worker that conducts non-full-time labor  may conclude labor contracts with one employer or more, but noRead the rest of this entry »

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You all know from my last post that the employer could cancel the labour contract during probation period if the employee could not satisfy the recruitment requirements. However, satisfying the recruitment requirements is not equal to capability of doing one's job. Recruitment requirements are the requirements illustrated in recruitment advertising,  not some requirements the employer could come up with  during the probation time. Thus, don't try to  fire any employee by reason of incapability of chateau gonflable doing one's job unless this reason  is stipulated in your recruitment advertising. Unfortunately, the enterprises always ignore the importaRead the rest of this entry »

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Most of the enterprises think they could fire the employee during probation period if they can prove this employee is not qualified for this job , however, this is a misunderstanding of the Labour Contract Law. Actually, according to Labour Contract Law, the employer could only cancel the labour contract when the following circumstances occurred: the employee  has been proved not to satisfy the recruitment requirements during the probation period; the employee  is in serious violation of the bylaws of the employer; the employee  causes any severe damages to the employer due  to his grave negligence to duties or seeking private bounce house for saRead the rest of this entry »

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There are several ways to end a labour contract: Cancelled by one party  or both of them. (1)   Employer and Emloyee both agree to cancel the labour contract. An employer and a worker may cancel the labor contract upon consensus by consultation. (2)   An employee's right to cancel the labour contract:  Cancelling wtih advance notice : A employee may cancel the labor contract if he informs the employer in jumping castle written from 30 days in advance. During the probation  period, a employee may cancel the labor contract if he informs the employer three days in advance.  Cancelling at any time: In the case of any of the following circumstRead the rest of this entry »

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