Labor Law

• State-owned Assets Supervision and Administration Commission of the State Council, Implementing Opinions on Regulating the State-owned Enterprise Restructuring Work

  国务院国有资产监督管理委员会关于进一步规范国有企业改制工作的实施意见

  Issued: December 19 2005Applicability: The term 'management' refers to the persons in charge and other members of the leadership team of state-owned and…

  February 28, 2006

• Ministry of Labour and Social Security, Circular on Issues Relevant to Record Filing for Enterprise Pension Plans and Fund Management Contracts

  劳动和社会保障部关于企业年金方案和基金管理合同备案有关问题的通知

  Issued: December 19 2005Effective: as of date of issueApplicability: In the event of a conflict between other provisions and this Circular, this Circular…

  January 31, 2006

• Other Recent Legislation for this Month

  National LegislationBANKINGSupplementary Circular on Issues Relevant to Handling of the Renminbi Business by Mainland Banks and Hong Kong Banks 关于内地银行与香港银行办理人民币业务有关问题的补充通知L3600/05.12.04Electronic…

  November 30, 2005

• Letter on Issues Relevant to the Occupational Qualification Certificates Held by Foreigners Seeking Employment in China

  关于外国人在中国就业持职业资格证书有关问题的函

  The Letter further elaborates on the Provision for the Administration of the Employment of Foreigners in China, and requires that foreigners engaged in state-specified occupations must hold an Occupational Qualification Certificate of the PRC.

  October 31, 2005

• Ministry of Labour and Social Security, Letter on Issues Relevant to the Occupational Qualification Certificates Held by Foreigners Seeking Employment in China

  劳动和社会保障部关于外国人在中国就业持职业资格证书有关问题的函

  The Letter further elaborates on the Provision for the Administration of the Employment of Foreigners in China, and requires that foreigners engaged in state-specified occupations must hold an Occupational Qualification Certificate of the PRC. Where the relevant occupations have foreign characteristics, the Ministry of Labour and Social Security may approve foreigners holding occupational qualification certification notarized by foreign notary. They may also take occupational qualification certification examinations in the PRC.

  October 31, 2005

• Ministry of Labour and Social Security, Matters Relevant to the Establishment of an Employment Relationship Circular

  劳动和社会保障部关于确立劳动关系有关事项的通知

  Issued: May 25 2005Main contents: The Circular clarifies the circumstances under which an employment relationship is deemed to be established if there…

  July 02, 2005

• Ministry of Communications, Supervision of the Quality of Highway Projects Provisions

  交通部公路工程质量监督规定

  Promulgated: May 8 2005Effective: June 1 2005Applicability: The term 'highway projects' refers to such projects as new construction, reconstruction, and…

  July 02, 2005

• Safeguarding Valuable Information Where to Strike a Balance?

  By Song HuangWebsite: www.haiwen-law.comA technology company desires to include a non-compete clause in the employment contracts of all incoming employees,…

  July 02, 2005

• Matters Relevant to the Establishment of an Employment Relationship Circular

  关于确立劳动关系有关事项的通知

  This Circular further enhances the legal protection for workers. Employment relationships shall nonetheless be established in certain circumstances in the absence of a written employment contract.

  July 02, 2005

• Guangdong Province, Payment of Wages Regulations

  广东省工资支付条例

  Promulgated: January 19 2005Effective: May 1 2005Applicability: These Regulations apply to enterprises, private non-enterprise work units and family proprietors,…

  June 02, 2005