Labour law in ChinaPDF电子书下载

The Author 3

List of Abbreviations 11

Introduction 13

Chapter 1. General Background 13

1. GEOGRAPHY AND POPULATION 13

2. HISTORY 13

3. THE POLIT1CAL SYSTEM 14

4. ECONOMY 19

5. EMPLOYMENT 21

6. FUNDAMENTAL POLITICAL, SOCIAL AND CULTURAL VALUES 22

Chapter 2. Definitions and Concepts 25

1. LABOUR LAW AS A BRANCII OF THE LEGAL SYSTEM 25

2. DELIMITATION OF LABOUR LAW FROM OTHER BRANCHES OF LAW 26

Chapter 3. The Historical Background 29

1. BRIEF HISTORY OF LABOUR LEGISLATION BEFORE 1949 29

2. BRIEF HISTORY OF LABOUR LEGISLATION AFTER 1949 30

3. LABOUR LEGISLATION FROM 1978 TO 1995 AND BEYOND 32

Chapter 4. Role of the Government and the Social Partners in the Shaping and Administration of Labour Law and Industrial Relations 38

1. THE GOVERNMENT'S ROLE IN LEGISLATION AND INDUSTRIAL RELATIONS 38

2. ROLE OF THE TRADE UNION AND WORKERS' PARTICIPATION 40

3. THE EMPLOYERS' ROLE 41

Chapter 5. Sources of Labour Law 43

1. INTERNATIONAL TREATIES 43

2. DOMESTIC SOURCES 44

Ⅰ. The Constitution 44

Ⅱ. Laws 45

Ⅲ. Administrative Regulations Enacted by the State Council 46

Ⅳ. Orders, Directives and Regulations of the Ministries and Commissions 46

Ⅴ. Other Sources 46

A. Local Legislation 46

B. Internal Rules 47

C. Collective Agreements 47

3. SECONDARY SOURCES 47

Ⅰ. Legislative Interpretation 47

Ⅱ. Judicial Interpretation 48

Ⅲ. Administrative Interpretation 48

Selected Bibliography 51

Part Ⅰ. The Individual Employment Relationship 53

Chapter 1. Definitions and Concepts 53

1. DIFFERENT CATEGORIES OF EMPLOYEES 53

Ⅰ. Abolition of Status of Enterprises' Cadres and Workers 53

Ⅱ. Factory Workers and Staff Employed in the Institutions 53

Ⅲ. Foreigners and other Employees according to Employees' Origins 54

2. THE DIFFERENT KINDS OF INDIVIDUAL LABOUR CONTRACT 54

Ⅰ. The Individual Labour Contract for a Definite Period 55

Ⅱ. The Individual Labour Contract for an Indefinite Period 55

Ⅲ. Labour Contract with Terms Depending on the Time Required to Perforrn Specific Work 56

Ⅳ. The Individual Labour Contract for Temporary Work 56

3. THE TRIAL CLAUSE 56

4. REQUIREMENTS FOR THE CONCLUSION OF A VALID INDIVIDUAL LABOUR CONTRACT 57

Ⅰ. The Legal Capacity to Conclude an Individual Labour Contract 57

A. Minors 57

B. Women 58

Ⅱ. Consent 58

Ⅲ. Written Form with Mandatory Provisions 58

Ⅳ. Certification or Confirmation Requirement 59

Ⅴ. Validity and Binding Force 60

Chapter 2. Duties of the Parties During Employment 61

1. STATUTORY DUTIES AND CONTRACTUAL OBLIGATIONS OF THE PARTIES 61

2. DUTIES OF THE EMPLOYEE 62

Ⅰ. Duty to Work 62

Ⅱ. Duty to Observe Commercial Secrets 63

Ⅲ. Liability 63

3. DUTY OF TIIE EMPLOYER 65

Ⅰ. Duty of Job Security 65

Ⅱ. Duty to Ensure Labour Safety and to Provide Working Conditions and Training 66

Ⅲ. Duty to Pay Remuneration 66

Ⅳ. Duty Regarding Social Security Contributions for the Employee 67

Ⅴ. Liability 68

Chapter 3. Working Time and Leave, Sunday Rest, Annual Vacation, Holidays, Educational Leave 69

1. WORKING TIME 69

Ⅰ. Definitions 69

Ⅱ. Content of Limitations 69

A. Daily 69

B. Weekly 70

2. WEEKLY REST AND HOLIDAY 70

Ⅰ. Weekly Rest 70

Ⅱ. Public Holidays 71

Ⅲ. Paid Leave 71

A. Annual Vacation 71

B. Home Visits 72

C. Marriage Leave, Bereavement Leave or Maternity Leave 72

D. Social Activities 73

Ⅳ. Educational Leave 73

Chapter 4. Remuneration 75

1. WAGE REFORM AND THE CONCEPT OF TOTAL WAGES AND WAGE LEVEL 75

Ⅰ. Wage Reform 75

Ⅱ. The Concept of Total Wages and Wage Levels 76

Ⅲ. Determination of Wage Distribution and Wage Payment 78

2. MINIMUM WAGES 79

Ⅰ. Principles and Standards 79

Ⅱ. Minimum Wage Fixing Machinery 80

3. PROTECTIVE MEASURES AND LIABILITY 80

Ⅰ. Deduction 80

Ⅱ. Severance Payments 80

Ⅲ. Overtime Payment 81

Ⅳ. Priority of Repayment to Employees by Bankrupt Enterprises 81

Ⅴ. Liability 81

Chapter 5. Job Security 83

1. REDUNDANCY AND REDUCTION 83

2. RESTRICTION FOR TERMINATION OF THE EMPLOYMENT RELATIONSHIP 84

3. RE-EMPLOYMENT PROJECTS AND THE SOCIAL INSURANCE SCHEME FOR THE UNEMPLOYED 85

Chapter 6. The Termination of the Individual Labour Contract 88

1. GENERAL METHODS OF TERMINATING THE INDIVIDUAL LABOUR CONTRACT 88

Ⅰ. Expiry and Termination 88

Ⅱ. Termination by the Employer without 30 Days' Written Notice 88

Ⅲ. Termination by the Employer with 30 Days' Written Notice 89

Ⅳ. Termination by the Employee 90

2. SEVERANCE PAY 90

Chapter 7. Special Protection of Certain Categories of Workers,Protection against Discrimination in Employment 92

1. SPECIAL PROTECTION FOR FEMALE WORKERS AND EQUALITY IN EMPLOYMENT 92

2. SPECIAL PROTECTION FOR JUVENILE WORKERS 93

3. SPECIAL PROTECT1ON FOR AND PROMOTION OF EMPLOYMENT FOR THE HANDICAPPED 94

Chapter 8. Covenants of Non-competition; Inventions by Employees 95

1. COVENANTS OF NON-COMPETITION 95

2. INVENTIONS BY EMPLOYEES 95

Chapter 9. Settlement of Labour Disputes 97

1. PARTIES TO LABOUR DISPUTES AND THE CONTENT OF LABOUR DISPUTES 97

2. MEDIATION AND ARBITRATION 98

I. Mediation 98

3. COURT PROCEEDING 101

I. Jurisdiction 101

Part Ⅱ. Collective Labour Relations 103

Chapter 1. Trade Union Freedom 103

1. IDEOLOGY AND CONCEPT 103

2. FREEDOM TO ESTABLISH AND JOIN UNIONS 104

3. RIGHTS AND DUTIES OF TRADE UNIONS 105

Ⅰ. Rights of Trade Unions 105

Ⅱ. Duties of Trade Unions 108

Chapter 2. The Trade Unions and Employers' Associations 109

1. ORGANIZATIONAL STRUCTURE 109

2. ROLE OF THE TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS 110

3. LEGAL STATUS OF TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS 111

Chapter 3. Collective Bargaining 114

1. INTRODUCTION 114

2. PARTIES TO THE COLLECTIVE AGREEMENT 115

3. LEVEL OF BARGAINING AND EFFECTIVENESS OF THE COLLECTIVE AGREEMENT 115

4. CONTENT OF BARGAINING 116

5. PROCEDURAL REQUIREMENTS FOR CONCLUDING A COLLECTIVE AGREEMENT 117

Chapter 4. Settlement of Disputes Arising in Collective Agreements 119

1. JURISDICTION 119

2. SETTLEMENT OF DISPUTES 119

3. STRIKE ACTION 120

Index 121