Employment contract

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By Xu Xiaodan King & Wood Mallesons’ Commercial & Regulatory group

xu_xiaodanAnswers to Questions on Trial of Labor Disputes (IV) (“Answers (IV)”] was released by the Zhejiang High People’s Court and the Labor Disputes Arbitration Commission of Zhejiang Province on 30 December 2016. These clarify some common questions about judicial practice and existing rules. The following questions arise:

Is an employee entitled to double his salary if statutory clauses are not included in his employment contract?

Pursuant to Answers (IV), if an employment contract omits statutory clauses (such as employment duration, job duties, remuneration, labour protection, working conditions) but there is a genuine intention for the parties (employer and employee) to establish an employment relationship, the contract is likely to be deemed valid. The employee’s claim for double his salary will not be supported. In this situation, the parties can negotiate any omissions in the contract. Failing this, relevant provisions from collective contracts (if any), laws and regulations can be applied.
Continue Reading Latest Judicial Guidance on Labor Disputes in Zhejiang Province

By Jiang Junlu and Wang Zhaogang King & Wood Mallesons’ Commercial & Regulatory Group

Cjiang_junluhina once again enters NPC and CPPCC sessions (Two Sessions) time in March.

During “Two Sessions” last year, Jiang Weidong and other 29 deputies, with Liu Li and other 30 deputies proposed two bills suggesting the Employment Contract…

By Lucy Lu Lexina Li  King & Wood Mallesons’ Labor Group

lu_lucyThere were increasing labor disputes arising from the termination of employment contract by the employer on the basis of material change of objective circumstance in recent time, which caused many controversies about how to apply this clause in practice. We reviewed the following case happened in Suzhou, Jiangsu Province and would like to discuss the application of this clause on the basis of the judgment of this case.
Continue Reading How to Understand “Material Change of Objective Circumstance”