This article was written by King & Wood Mallesons’ Labor law group.
We have split the explanation of Beijing’s Answers to Questions Concerning the Application of Law in Adjudication of Employment Disputes (the “Answers”) published on the 24th of April 2017 into three parts, so that the main provisions can be easily understood. This is the third in our series and starts from point 8 of the Answers.
Continue Reading Summary of Beijing’s Answers to Questions About the Application of Law in Adjudication of Employment Disputes (Part Three)
Summary of Beijing Authorities’ Answers to Questions of Law Application in the Handling of Employment Disputes (Part Two)
This article was written by King & Wood Mallesons’ Labor law group.
We split the explanation of Beijing authorities’ Answers to Questions of Law Application in the Handling of Employment Disputes published on 24 April 2017 into three parts, in order that the Answers’ main provisions can be easily understood. This is the second part of our explanation.
The circumstances constituting “major changes in objective circumstances”
The Answers provides that“a major change in objective circumstances” means a change after the conclusion of an employment contract that could not be foreseen at the conclusion of the contract, and renders the employment contract or its main articles unenforceable, or makes continued performance result in unfair situations such as excessive cost, which will then in turn make the purpose of the contract difficult to be achieved.
Continue Reading Summary of Beijing Authorities’ Answers to Questions of Law Application in the Handling of Employment Disputes (Part Two)
Summary of Beijing Authorities’ Answers to Questions of Law Application in the Handling of Employment Disputes (Part One)
This article was written by King & Wood Mallesons’ Labor law group.
On 24 April, 2017, the Beijing Higher People’s Court and the Beijing Employment and Labour Arbitration Commission jointly issued a document entitled Answers to Questions of Law Application in the Handling of Employment Disputes (the “Answers”), referred to as “Meeting Minutes 3” when it was being drafted and discussed. Attacking controversial issues head on, the ambitious Answers aims to harmonize rules applicable to difficult disputes, and was given high expectations at the outset.
Continue Reading Summary of Beijing Authorities’ Answers to Questions of Law Application in the Handling of Employment Disputes (Part One)