By Linda LIANG, LIU Piao King & Wood Mallesons

On April 24, 2017, Beijing Higher People’s Court and Beijing Labor and Personnel Dispute Arbitration Commission jointly issued the Answer on the Legal Application of Labor Dispute Cases (hereafter referred to as “the Answer”). Article 11, Section 3 of the Answer adopts a lenient attitude towards the standard of reviewing unlawful dismissals during the probation period. The Answer clearly points out that, when determining whether laborers meet the recruitment conditions, the standard applied during the probation period may be moderately lower than that after the expiration of the probation period. More than one year has passed since the Answer was issued, by reviewing recent judgments made by arbitration commissions and courts on dismissals during the probation period, further analysis is made regarding new changes as below. Continue Reading New Trends in the Judiciary: How to Dismiss Employees during the Probation Period?

作者:尹居全 张元浩 金杜律师事务所

生病看医生是人之常情,谁也不能保证自己百毒不侵永远健康,请病假休息也是劳动者的法定权利。《劳动法》、《劳动合同法》均规定劳动者在病假期间享受病假工资和相应的社会保险待遇,且一定程度上免于在无过错的前提下被单方解除或终止劳动合同。但劳动者请病假也并非随心所欲,《企业职工患病或非因工负伤医疗期规定》进一步规定了医疗期以明确劳动者享受病假的方式和限制。虽然对生病的员工应该给予阳光般的关怀,但对于恶意请“病假”和病假超过了法定额度的情况,用人单位还是不得不严肃对待,下面我们就说说用人单位需要注意的病假那些事儿。 Continue Reading 病假那些事儿

By Yin Juquan and Zhang Yuanhao King&Wood Mallesons’ Labor Group

尹居全The Shenzhen Municipal Bureau of Human Resources and Social Security (“SMBHRSS”) recently issued the “Implementation Measures of the ‘Rules of Guangdong Province on Maternity Insurance for Employees’” (Hereinafter as the “Implementation Measures”), which includes a series of operation specifications in accordance with the “Rules of Guangdong Province on Maternity Insurance for Employees” (Hereinafter as the “Rules”), as well as in combination with the local practice. Below is the summary of several key points of the “Implementation Measures” to present the updates of legal practice on maternity insurance in Shenzhen. Continue Reading Better late than never – Shenzhen launches new maternity insurance policy

Wang Rui, Partner, International Trade

The Chinese legislature created a hybrid from the different approaches adopted by civil and common law jurisdictions through the Copyright Law of the People’s Republic of China (the “Copyright Law”) and the Regulations on the Implementation of the Copyright Law of the People’s Republic of China (the“Implementation Regulations”), and produced the twin concepts of “legal entity work” and “occupational work” for assigning rights to works made in the course of an employment relationship. For example, a book written by a group of employees organized by an entertainment company for celebrating the company’s anniversary would likely be considered “legal entity work”, but a piece of music composed by a composer employee (not for specific purposes) is “occupational work”, because in the former case, supervision of the company would be involved but the latter case it would not. Continue Reading Copyright Due Diligence Investigations in China: Legal Entity Work or Occupational Work?

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

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

 

Continue Reading Labor Arbitration Decision Vacated