Understanding Labor and Employment Law in China

This book provides a clear overview of the labor and employment law environment in China and its legal requirements.

Ronald C. Brown (Author)

9781107402652, Cambridge University Press

Paperback / softback, published 21 July 2011

350 pages
22.9 x 15.2 x 2 cm, 0.51 kg

'In Understanding Labor and Employment Law in China, Professor Ronald C. Brown provides a comprehensive analysis of the laws and regulations concerning labor and employment issues in the Chinese context. This timely volume, published after the recent financial crisis, addresses the most pressing challenges, and particularly, the complexity and variability of the legal system concerning labor and employment … Therefore, the book is valuable not only for academic research, but also for readers who seek general knowledge on the subject, such as company directors, human resource managers, or human rights advocates.' Jing Bian, Journal of Chinese Political Science

Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.

Part I. Understanding China's Regulation of the Workplace: 1. Introduction
2. Labor and employment laws and administration
Part II. Employment Relationships: 3. Employment relationships
4. Individual labor contracts formation and content: tightening the relationship
5. Collective labor contracts and collective negotiations
Part III. Hiring and Employment Practices: 6. Hiring and employment practices and the law
7. Employment anti-discrimination laws
Part IV. Working Conditions, Wages, and Hours: 8. Safety and health protection
9. Injury compensation
10. Wages and hours
Part V. Employee Benefits: Leave, Medical, Maternity, Work-Related, Unemployment, and Pension Insurance: 11. Mandated and non-mandated employee benefits
Part VI. Discipline and Termination under Employment Agreements: 12. Employer rules: conduct, discipline, and termination
13. Restrictive covenants: employee loyalty and employers' protectable interests
14. Resolving labor disputes by mediation, arbitration, and litigation legal regulation
Part VII. Rights, Remedies, and Multiple Forums: 15. Working labor and employment laws: illustrations
16. Illustrative contracts.

Subject Areas: Employment & labour law [LNH], Black & Asian studies [JFSL3]