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2008: The Year of Broadening Employee Rights and EEO Protections in China

Last year saw the promulgation of the Employment Contracts Law and the Employment Promotion Law, both of which work towards strengthening employee rights. The new laws build on the existing PRC Labour Law and make clarifications regarding open-ended contracts, employee rights in the workplace, trade unions and equal opportunities laws. As employers and employees are now adjusting to the new laws, more clarification is needed in order for them to be successfully implemented.

Date: June 2008

Keywords (click to search): [labour] [employee rights] [equal employment] [trade union]

In 2007, the PRC made great strides toward establishing a more comprehensive labour and employment law regime by promulgating a landmark number of national and local employment-related laws, regulations and rules. This evolving regime includes an unprecedented evolution of employees’ rights and equal employment opportunity (EEO) protections.

Most notably, for employees’ rights, the National People’s Congress (NPC) passed the Employment Contracts Law (ECL), which became effective on January 1 2008, and which aims, inter alia, to increase the power of the individual employee regarding management in the workplace. Concomitantly, the ECL increases and emphasizes the power and involvement of trade unions in the workplace.

The NPC also promulgated the Employment Promotion Law (EPL), which also became effective on January 1 2008, and which, as its name suggests, seeks to increase employment opportunities for more individuals, thereby seeking to achieve greater social stability. More specifically, the EPL prohibits discrimination against...

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