Employment regulations may prove a burden for employers

October 14, 2008 | BY

clpstaff

Companies had been expecting clarification from China's Implementing Regulations for its Employment Contract Law in September. But many of the more ambitious provisions remain unsolved.

By Joanna Law


The State Council passed the Implementing Regulations for the PRC Employment Contract Law (中华人民共和国劳动合同法实施条例)on September 18 2008. The regulations aim to clarify uncertainties contained in the Employment Contract Law1 issued on January 1. These include the lack of guidance on employee contracts and unclear definitions regarding temporary workers. Many lawyers welcome the fact that the new regulations offer guidance on how the double salary penalty should be applied to employers, and the definition of employers. But they note that the regulations only partially clear many of the ambiguities inherent in the earlier law.

    “It's in line with what we were expecting but not in line with what we were hoping,” says Matthew Durham, a consultant at Simmons & Simmons.

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]