I have had to switch a lot of my employees to direct hires because of the amendments to the Employment Contract Law.
The Zone selects the financial services, shipping services, trade services, professional services, cultural services and social services sectors for increased liberalisation.
Draft provisions have clarified some of the grey areas in the Employment Contract Law and would place a strict limit on the percentage of placed workers that can be employed
Draft provisions have clarified some of the grey areas in the Employment Contract Law and would place a strict limit on the percentage of placed workers that can be employed. But there are still grey areas that companies need to be aware of
Jo Xu, General Corporate Counsel in Shanghai for the British chemicals and precious metals company Johnson Matthey, talks to David Tring about her legal career, Matthey’s increasing legal team and how the Employment Contract Law is affecting her work
Draft Regulations from the State Council shows the government’s commitment to increasing regulation of foreigners employed in China
The amended Employment Contract Law came into effect this week, but businesses that use dispatch workers are still waiting for some of the key provisions to be clarified
My company is a foreign-invested enterprise, how do I ensure that when I terminate an employment contract I can avoid costly labour disputes and penalties?
A representative office using temporary workers is challenging and more burdensome than direct employment, as agencies in practice release all responsibility after workers have been placed. Legal reforms have not clarified the situation, which means it may be time for investors to switch to a WFOE
Process for assessment of occupational diseases simplified for workers.
A worker may request for 30% of his/her average wage for performance of non-compete obligation.
Using labour dispatch workers is a well-established and popular model in China, but the system has been difficult to regulate effectively. The latest amendments to the Employment Contract Law are a step forward, but enforcement remains crucial
Interpretation gives definition to labour remuneration.
An Opinion from the Supreme People’s Court over employment contracts has given welcome guidance on non-compete compensation amounts and deals with some of the most common labour dispute problems
Employment by way of placement is a supplementary form and may only be applied to temporary, ancillary or substitute positions.
The amendments to China’s 2008 Employment Contract Law have closed some loopholes but simplistic definitions and vague wording have created new ones. Questions also remain over how aggressively the new Law will be enforced