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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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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By King & Wood Mallesons Healthcare Group

On February 1, 2013, the Interpretation of Several Issues on the Application of Laws of Employment Disputes IV (the “Interpretation “) was promufgulated by the Supreme Court and implemented on the same day pursuant to Labor Law of People’s Republic of China, Employment Contract Law of People’s Republic of China, and Employment Dispute Mediation and Arbitration Law of People’s Republic of China and other relevant laws, regulations and civil practices. We hereby illustrate and analyze the Interpretation as follows for pharmaceutical companies’ information when dealing with employment issues, especially for the employment dispute, non-competitions, etc.
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By King & Wood Mallesons’ Labor Group

Beijing Implementation Rules on Regulations on Work-Related Injury Insurance (Beijing Municipal Decree No. 242) (hereinafter "the Rules") was released and effective on December 5th, 2011. Based on the Regulations on Work-Related Injury Insurance promulgated by the State Council of the People’ s Republic of China and taking into consideration the Beijing practice, the Rules details the determination of work-related injuries, appraisal of work capability, and payment of work-related injury benefits, etc.

With regard to the determination procedure of work-related injuries, the Rules for the first time ever provides that if labor dispute concerning determination of the employment relationship affects the determination of work-related injuries, the labor dispute must be resolved in accordance with law before the application for work-related injury determination, and the time for resolving the labor dispute is excluded from the time limit for applying for the determination. In addition, the Rules establishes the scheme of designation of jurisdiction for work-related injury determination, i.e. when departments of work-related injury determination at district or county level deem that the application for determination is out of their jurisdiction, they shall report the application to the municipal social insurance administrative departments for designation of jurisdiction.


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作者:金杜律师事务所劳动

《北京市实施〈工伤保险条例〉若干规定》(北京市人民政府令第242号)(以下简称“《规定》”)已于2011年12月5日发布并实施。《规定》在国务院《工伤保险条例》的基础上,结合北京市的实际情况,对工伤认定、劳动能力鉴定、工伤保险待遇支付等方面进行了细化规定。

在工伤认定程序上,《规定》首次提出,因确认劳动关系发生争议而影响工伤认定的,应当在申请工伤认定前依法解决劳动争议,且解决劳动争议的时间将不计算在工伤认定申请时限内。此外,《规定》还建立了工伤认定的指定管辖制度,即区、县工伤鉴定部门认为工伤认定申请不属于本辖区管辖的,应当及时报请市社会保险行政部门指定管辖。


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By King & Wood’s Labor & Employment Group

The State Administration of Work Safety passed the Decision on the Amendment to the Interim Punishment Rules for the Regulations on Reporting and Investigating Work Safety Accidents (hereinafter the "Decision") on August 29th, 2011. The Decision will be effective as of November 1st, 2011.


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By King & Wood’s Labor Group

On November 21, 2011, the Legislative Affairs Office of the State Council released a notice to solicit public comments on the Regulations on Special Labor Protection for Female Employees (the "Draft Regulations"). The deadline for receiving comments on the Draft Regulations is December 23, 2011. The appendix of the Draft Regulations lists the scope of work prohibited to be assigned to female employees.


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By Xu Xiaodan King & Wood’s Labor Group

The Provisional Measures on Social Insurance for Foreigners Working in China (the "Provisional Measures ") were issued on September 6, 2011 by the Ministry of Human Resources and Social Security and will come into effect on October 15, 2011. The Provisional Measures provide more specific rules on the requirement that foreigners working in mainland China should participate in the PRC social insurance scheme as stipulated in the PRC Social Insurance Law (promulgated on August 28, 2010, and came into effect on July 1, 2011). The Provisional Measures serve as a supplement to the provisions of the PRC Social Insurance Law.

Highlights:


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