employment contract law

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By Jiang Junlu and Wu Mengqiu  King & Wood Mallesons‘ Commercial & Regulatory group

According to the report of Legal Daily on October 24th, the Legislative Affairs Commission of the Standing Committee of the National People’s Congress (the “Legislative Affairs Commission”) respectively sent letters to five local people’s congresses in Guangdong, Yunnan, Jiangxi, Hainan and Fujian. It is suggested that these congresses amend provisions of local regulations on population and family planning based on the reality of each province, regarding the dismissal or termination of employment contracts with employees who have more children than that are allowed by the Law on Population and Family Planning (the “Family Planning Law”) (“unplanned childbirth”). 
Continue Reading Yes or No: Dismissal Based on Unplanned Childbirth

By Xu Xiaodan, Li Hongchuan King & Wood Mallesons’ Commercial & Regulatory group

A Troublesome Case for Arbitrator Zhang

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.
Continue Reading Travelling Abroad During Sick Leave: Are You Kidding Me?

By Linda Liang and Zhang Jingjing King & Wood Mallesons’ Commercial & Regulatory Group

Auntitledn increasing number of employers are resorting to part-time employment in practice. Compared to full-time employment, the former bears more flexibility for both the employer and employee. For the employer, part-time employment features low cost and more freedom in contract…

By Xu xiaodan and Pei xiu King&Wood Mallesons’ Labor Group

xu_xiaodanA company’s HR department is sometimes faced with such situation that the business unit (“BU”) needs to be internally adjusted and thus the HR needs to help dismissing certain employees in a particular BU. However, it always causes troubles if the employment contract of the concerned employee is yet to expire, or this employee has never committed any gross misconduct or is found incompetent for his/her work. In such a circumstance, if this employee does not consent on mutual termination, what ground can the HR personnel use to terminate the employment contract? 
Continue Reading Panacea for Employment Termination: Brief Analysis on Application of “A Significant Change Has Occurred in the Objective Circumstance”

By Jiang Junlu and Jin Shan  King and Wood Mallesons’ Labor & Employment Group

Li, employed by a labor dispatch service provider, has been working at Company A for over 9 years. However, he only works at the accepting company as a dispatched employee, whose wage and remuneration are quite different from the ones of regular staffs.

On December 28, 2012, the Decision Regarding the Modification of Employment Contract Law (the “Decision”) was passed by the Standing Committee of the National People’s Congress, which will be implemented on July 1, 2013. From then, Li’s life will be significantly improved.
Continue Reading The Trend of Labor Dispatch in China

Duan Haiyan, associate, Labor & Employment

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.
Continue Reading Employment Contract Law Implementation Regulations: Initial Thoughts