May 2008
PRC Law on the Mediation and Arbitration of Employment Disputes
中华人民共和国劳动争议调解仲裁法
The Law details the procedures for mediation and arbitration of employment disputes. It stipulates that the time limit for applying for arbitration in an employment dispute shall be one year (Article 27).
PRC Law on the Mediation and Arbitration of Employment Disputes
中华人民共和国劳动争议调解仲裁法
Arbitration procedures for employment disputes made easier for employees.
PRC Law on Mediation and Arbitration of Labour Disputes: Further Improvement in Handling Labour Issues in China
The PRC Law on the Mediation and Arbitration of Employment Disputes is another important step made by the Standing Committee of the PRC National People’s Congress after its promulgation of the Labour Contract Law in June 2007. Both this and the Labour Contract Law are intended to better protect the legitimate rights and interests of employees and employers, with the latter in respect of the substantive law and the former in respect of the procedural system.
Contracts, Disputes, and New Jobs: An Overview of China’s New Labour Laws
The beginning of this year saw the introduction of a series of laws that have an immense effect on the labour market in the PRC. Many of their provisions have been expected and prepared for, while other areas of employment law remain unclear for many employers operating in the PRC. Therefore, knowledge of their content is essential for every market player with the need for hiring workers within the country.
Guangzhou City, Circular on the Revision of the Minimum Wage Standard for Enterprise Staff and Workers in the City
广州市关于调整我市企业职工最低工资标准的通知
Guangzhou raises the minimum wage standard.
Shanghai Municipality, Circular on the Revision of the Minimum Hourly Wage Standard of the City
上海市关于调整本市小时最低工资标准的通知
Minimum hourly wage raised to Rmb8 for part-time employees in Shanghai.
March 2008
Ministry of Labour and Social Security, Circular on Issues Concerning the Annual Average Monthly Working Hours of Staff and Workers and the Pro Rata Calculation of Their Wages
劳动和社会保障部关于职工全年月平均工作时间和工资折算问题的通知
Calculation of working hours and hourly wage specified.
Circular on Issues Concerning the Annual Average Monthly Working Hours of Staff and Workers and the Pro Rata Calculation of Their Wages
关于职工全年月平均工作时间和工资折算问题的通知
The Circular elaborates on the calculation of working days and hours and pro rata calculation of daily wage and hourly wage.
Putting China’s Labour Contract Law into Practice
With reports emerging of mass layoffs preceding its implementation, and factory closures or relocations to cheaper jurisdictions afterwards, the newly-effective Labour Contract Law has drawn much criticism. Large employers complain that it adds unreasonable costs, while employees are disappointed that the Law does not offer as many benefits for them as compared to the original draft. But is the Law as it stands a workable compromise, and can it be enforced in its current form prior to the release of implementing regulations?
February 2008
Stock Incentive Plans for PRC Listed Companies
Will the New Labour Contract Law of the PRC Increase Cost of Doing Business in China?
SHANGHAI LAWYERS' SALARY HIGHER THAN HONG KONG
Guangzhou City, Urgent Circular on Strengthening the Administration of Mass Layoffs by Employers
广州市关于加强对用人单位规模性裁员管理的紧急通知
Guangzhou issued urgent circular to prevent companies from getting around the PRC Employment Contract Law.
Paul, Hastings, Janofsky & Walker LLP
State Council, Regulations on Paid Annual Leave of Staff and Workers
国务院职工带薪年休假条例
Paid annual leave detailed in regulations.