作者：姜俊禄 刘畅 金杜律师事务所商务合规部
By Linda Liang and Hongchuan Li King & Wood Mallesons’ Commercial & Regulatory group
On 24 November 2017, the Ministry of Human Resources and Social Security of the People’s Republic of China (“MOHRSS”) issued the fifth list of documents to be annulled. The Measures for Severance Payment due to Violation or Termination of Employment Contracts (“No. 481”) is in this list.
This marks the official departure of the nearly 23 year old No.481 from the historical stage. How will its annulment affect employers and employees?…
By Xu Xiaodan, Yang Zi King & Wood Mallesons’ Commercial & Regulatory group.
There was a classic answer on Zhihu (a Chinese question-and-answer online platform like Quora), “Afraid of being poor, being dead and being lazy, because for my parents, all they have is me”.…
By Xu Xiaodan, Li Hongchuan King & Wood Mallesons’ Commercial & Regulatory group
For arbitrator Zhang, it has been a while since he encountered a troublesome employment dispute case last time.
“Do not be led by thoughts of the parties involved. Try to dig out the nature of dispute by yourself”, says arbitrator Zhang, to educate the young people who just join the Arbitration Commission. But in the case that this article is about to discuss, it seems that he is still having trouble making a ruling decisively.…
By Liu Ting and Song Miao King & Wood Mallesons‘ Commercial & Regulatory group
In accordance with the provisions of the Work Safety Law, where a production and business operation entity violates work safety rules, in addition to corresponding administrative penalties to be imposed on the entity, the directly responsible person in charge and other directly liable persons are also subject to administrative penalties. Meanwhile, for the crimes related to work safety in the Criminal Law of the PRC, i.e. the crime of negligently causing serious accident, the crime of major labor safety accident, the crime of failing to report or reporting false information about safety accident, the directly responsible person in charge and other directly liable persons of the production and business operation entity are those to be held accountable. So, how to determine the persons responsible for work safety in enterprises? …
By Luo Ai, Tang Xiaojing King & Wood Mallesons’ Commercial & Regulatory group
On 1 August 2017, Guangdong High Court published the Explanation about Difficult Issues in Adjudicating Labor Disputes (“Explanation”). This is Guangdong High Court’s third judicial opinion on labor disputes since the Employment Contract Law’s entry into force in 2008. This Explanation consists of 23 sections, which can be divided into five groups:
Group I (sections 1 to 4): Determination of employment relationship. The keynote is “employment relationship shall not be generalized”. Diversification and liberalization of employment models are recognized. The characteristics and constituent elements of employment relationship are reiterated. The courts put emphasis on substance and respect the agreement of the parties.…