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

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clpstaff &clp articles

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.

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 (劳动合同法)(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.

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