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. 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.
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病假那些事儿
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。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。
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Better late than never – Shenzhen launches new maternity insurance policy
By Yin Juquan and Zhang Yuanhao King&Wood Mallesons’ Labor Group
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.
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Copyright Due Diligence Investigations in China: Legal Entity Work or Occupational Work?
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.
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Employment Contract Law Implementation Regulations: Initial Thoughts
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.
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Labor Arbitration Decision Vacated
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