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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 Li Ruowei King & Wood Mallesons’ Commercial & Regulatory group

梁燕玲Enterprises’ management over employees is by no means limitless, but is, to varying degrees in different circumstances, restricted by employees’ individual rights. For example, the law provides that an employer can ask an employee for information directly related to the employment contract, but if an employer requests information beyond this category, such as personal medical records or parent information, it may be considered a violation of the employee’s privacy. However, although privacy is a statutory right of citizens, its scope and content always vary with the changes of a person’s social roles. For instance, the scope of an individual’s privacy towards his or her family is narrower than that towards strangers. So, based on the personal dependency characteristics of employment relationships, to what degree should employees’ privacy rights be subject to employers’ management?
Continue Reading How to Draw a Line Between Employers’ Management and Employees’ Privacy Rights?

By Yin Juquan and Song Miao  King & Wood Mallesons’ Commercail & Regulatory Group

L尹居全abor disputes tend to occur among the contractor, the affiliated party, the lessor and lessor of business license in cases involving illegal contracting or subcontracting to employers without entity qualifications. To be specific, it’s worth pondering over who takes responsibility…

By Xu Xiaodan and Qi Yiduo King & Wood Mallesons’ Commerical & Regulatory Group

xu_xiaodanAnswers to Several Issues Concerning the Trial of Labor Dispute Cases (III) (the “Answers to Labor Dispute Issues (III)”)，issued by the First Tribunal of Zhejiang People’s High Court and Zhejiang Labor Dispute Arbitration Committee on 29 September 2015, have…

By Yin Juquan and Pan Faluan, King & Wood Mallesons’ Labor Group

yin_juquanAfter an employee has been illegally terminated, a court or arbitrator may order their employer to reinstate them and compensate them for lost wages. How will the amount of lost wages be calculated, given that the employee was not actually working for the employer during the relevant time period?

We will give a brief introduction to this topic through a review and analysis of Judgment no. 11644, (2014), Civil Tribunal, Beijing Second Intermediate People’s Court.

1. Summary of the Case

Employee A joined Company B on July 11, 2011. The labor contract between the two parties stated that A would be paid a monthly base salary of RMB 12,100 and a monthly performance bonus of RMB 9,900 (in the PRC, performance bonuses are generally fixed sums). As of January 2012, the base salary and performance bonus had been adjusted to RMB 14,520 and RMB 11,880 respectively (26,400 RMB in total). Company B terminated its labor contract with A on July 30, 2012.
Continue Reading Once a Labor Contract Has Been Illegally Terminated, How Will A Court Calculate Lost Wages?

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