By King & Wood's Labor & Employment Group
The State Administration of Work Safety passed the Decision on the Amendment to the Interim Punishment Rules for the Regulations on Reporting and Investigating Work Safety Accidents (hereinafter the "Decision") on August 29th, 2011. The Decision will be effective as of November 1st, 2011.
Continue Reading...By King & Wood's Labor Group
On November 21, 2011, the Legislative Affairs Office of the State Council released a notice to solicit public comments on the Regulations on Special Labor Protection for Female Employees (the "Draft Regulations"). The deadline for receiving comments on the Draft Regulations is December 23, 2011. The appendix of the Draft Regulations lists the scope of work prohibited to be assigned to female employees.
Continue Reading...作者：金杜律师事务所劳动组
2011年11月21日，国务院法制办公室（国务院法制办）发布通知，就《女职工特殊劳动保护条例（征求意见稿）》向社会各界征求反馈。本次意见征即截止至2011年12月23日，征求意见稿将女职工禁忌劳动范围作为条例的附录加以列示。
Continue Reading...By Xu Xiaodan King & Wood’s Labor Group
The Provisional Measures on Social Insurance for Foreigners Working in China (the "Provisional Measures ") were issued on September 6, 2011 by the Ministry of Human Resources and Social Security and will come into effect on October 15, 2011. The Provisional Measures provide more specific rules on the requirement that foreigners working in mainland China should participate in the PRC social insurance scheme as stipulated in the PRC Social Insurance Law (promulgated on August 28, 2010, and came into effect on July 1, 2011). The Provisional Measures serve as a supplement to the provisions of the PRC Social Insurance Law.
Highlights:
Continue Reading...《在中国境内就业的外国人参加社会保险暂行办法》（“《暂行办法》”）已经于2011年9月6日由人力资源和社会保障部公布出台，并将于2011年10月15日起开始实施。该《暂行办法》针对2010年8月28日出台并于2011年7月1日实施的《中华人民共和国社会保险法》（“《社会保险法》”）中提出的在华就业的外国人应当参加社会保险的要求进行了具体规定，是对《社会保险法》的进一步补充。
要点如下：
Continue Reading...By Meg Utterback and Holly Blackwell of King & Wood's Dispute Resolution Group
Whether you are building a manufacturing plant, a petrochemical plant or just fitting out an office, local rules and local authorities can play a significant role in your project. Local regulations and practice varies widely, from designer and contractor qualifications to requirements for building completion. Finding the right contractors for design and construction can make the difference in completing on time and on budget.
Here are some tips to avoid common pitfalls:
Continue Reading...近年来，中华全国总工会（“全总”）积极推动企业建会工作，许多企业纷纷收到了上级工会要求其建立工会的通知。此外，自去年以来，各地陆续发生了多起集体劳动争议和群体性事件，对企业的劳资关系处理及人力资源管理提出了新的挑战。有鉴于此，本文简要介绍了中国工会发展的最新动态及中国工会的特点，以期为企业建会工作提供有益参考。
Continue Reading...By Linda Liang of King & Wood's Corporate Group
In recent years, the All-China Federation of Trade Unions ("ACFTU") has been actively promoting the establishment of trade unions in enterprises. Many enterprises have received notices from trade unions at higher levels requiring them to set up their own unions. In addition, since last year, there have been several collective labor disputes and mass labor disturbances taking place around China, posing great challenges to the industrial relations and the human resource management of the enterprises. In view of the above, this article provides a brief summary of the latest development and characteristics of Chinese trade unions, with an aim of assisting enterprises dealing with issues they may face during the process of the establishment of trade unions.
Continue Reading...《中华人民共和国劳动争议调解仲裁法》（“《调解仲裁法》”）于2007年12月29日通过，并于2008年5月1日起生效。该法在很大程度上改变了原有的劳动争议调解仲裁制度。本文主要通过新旧制度的对比，分析该法带来的新变化。
Continue Reading...By Linda Liang of King & Wood's Corporate Group
The Law on Mediation and Arbitration of Labor Disputes of the People's Republic of China ("Mediation and Arbitration Law") was adopted on December 29, 2007 and became effective as of May 1, 2008. The law has significantly streamlined China's labor dispute mediation and arbitration regime. This article will analyze these changes by comparing the old and new systems.
Continue Reading...The Implementation Regulations of the PRC Employment Contract Law, which has been anticipated for over a year, became effective on September 18, 2008. Overall, the Regulations are consistent with the spirit of the Employment Contract Law and resolves certain problems in its implementation. However, the Regulations have a relatively limited impact and failed to meet many expectations.
A few limitations include:
(1) The Regulations do no resolve the question of whether a company may unilaterally make a final decision in formulating and revising internal rules, regulations, and other material matters or if the company must jointly formulate such internal policies along with its employees. Basically, the Regulations do not clarify whether the employer can determine the matters by itself when trade unions or employee representatives disagree. It is unfortunate that the differing views and practices on this question are not addressed as this is a major point of contention.
(2) The Regulations do not define the terms “temporary”, “auxiliary” and “substitute” employees as described in the Employment Contract Law. The three terms are used to classify those job positions that qualify for labor dispatch. Although the Regulations intentionally omitted definitions to preserve flexibility, the omission still makes that corresponding article in the Employment Contract law difficult to implement in practice and does not provide clarity for how to handle labor dispatch.
Resolving the above issues will most likely now be addressed by local rules promulgated in the future. Therefore, it is very important for employers to keep an eye on the local legislation (of both the place of the company’s registration and the place of performance of the employment contract). As always, the employer also then needs to continually update its internal regulations and rules in accordance to latest national and local legislation.
Duan Haiyan, associate, Labor & Employment
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The First Intermediate Court of Beijing recently issued a landmark decision under the new Labor Mediation and Arbitration Law (effective May 1, 2008). Under the new law, only employees can appeal certain arbitration decisions, while the employer is only able to request the court to vacate arbitration decisions on certain narrow grounds.
Wu Jing, Attorney, Labor & Employment
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