Employment Law in China

Dong Wang is a barrister and solicitor in New Zealand. He is a former part-time employment arbitrator of the Shenzhen Employment Dispute Arbitration Committee, a member of the Guangdong Employment Law Society, and an expert witness on Chinese employment law for the Supreme Court of Queensland, Australia, with extensive theoretical and practical experience.Peng Zhao is the director of Royal Law Firm, China. He has extensive practical experience in employment dispute cases, including the 2016 Linak case before the Supreme Court of China. He is also highly experienced as corporate legal counsel for business operations, covering commercial law, company law, and intellectual property law.

• Preface Glossary of Common Terms Chapter 1 EMPLOYMENT RELATIONS Introduction 1.1 Employment Relations: Principle and Classification 1.2 Difference between Employment and Contract Relations 1.3 Special Types of Workers and Work Relations 1.4 Labor Dispute Procedure Chapter 2 EMPLOYMENT COMMENCEMENT Introduction 2.1 Employer Obligations at the Start 2.2 Double-Wage Damages and Employer Immunity 2.3 Calculation of Double-Wage Damages 2.4 Probation Period and Validity of Employment Chapter 3 EMPLOYEE ENTITLEMENTS Introduction 3.1 Employee Leaves and Special Entitlements 3.2 Sick Leave and Female Employee Rights3.3 Employers Handling Work Injuries 3.4 Employee Entitlements for Work Injuries Chapter 4 PERFORMANCE OF EMPLOYMENT CONTRACT Introduction 4.1 Wage Entitlements, Calculation, and Payment 4.2 Employer Management and Disciplinary Actions 4.3 Strike, Equity Incentive, and Employer Misconduct Chapter 5 EMPLOYMENT TERMINATION Introduction 5.1 Resignation, Retirement, and Party Demise 5.2 Employer-Initiated Employment Termination5.3 Calculation of Termination Compensations 5.4 Other Issues for Employment Termination Chapter 6 TRADE SECRETS AND NON-COMPETITION Introduction 6.1 Trade Secret Protection 6.2 Non-Competition 6.3 Personal Information Protection Chapter 7 SUMMARY AND PRACTICAL GUIDELINES Introduction 7.1 Principles of Conduct in Employment Relationships 7.2 Collective Contracts and Individual Contracts 7.3 Distinguishing between Employment Relations and Contractor Relations 7.4 Selecting Different Types of Employment Contracts During Recruitment 7.5 Rights and Obligations under General Work Hours or Irregular Work Hours Employment Contracts 7.6 Rights and Obligations under Part-Time Employment Contracts 7.7 Rights and Obligations under Labor Dispatch Contracts 7.8 Judicial Procedures for Employment Disputes 7.9 Matters Related to Recruitment and Employee Onboarding 7.10 Purchase of Social Insurance 7.11 Signing Written Employment Contracts 7.12 Probationary Period for Employees 7.13 Invalidation of Employment Contract 7.14 Paid Annual Leave 7.15 Bereavement Leave7.16 Special Protection for Female Employees 7.17 Maternity Leave and Paternity Leave 7.18 High-Temperature Allowance 7.19 Matters Related to Sick Leave7.20 Recognition and Handling of Work Injuries 7.21 Work Injury Entitlements 7.22 Employee Wages 7.23 Employee Overtime Pay 7.24 Workplace Rights and Mental Damages 7.25 Lawful Disciplinary Actions 7.26 Employee-related Financial Compensation 7.27 Multiple Employers’ Use of an Employee 7.28 Employee Position Transfer 7.29 Employee Collective Strike 7.30 Equity Incentive 7.31 Unjustified Wage Deduction and Arrear 7.32 Administrative and Criminal Penalties for Employers Violating Employment Law 7.33 Resignation and Forced Resignation of Employees 7.34 Employee Retirement 7.35 Employee Death and Employer Demise 7.36 Lawful Dismissal 7.37 Economic Redundancy7.38 Termination for Major Change in Objective Condition 7.39 Termination of Employment for Employee’s Incompetence 7.40 Termination of Employment Due to Employee’s Gross Misconduct 7.41 Protection of Trade Secrets 7.42 Non-Competition Agreement7.43 Personal Information Protection 7.44 Company Rules and Regulations and Contracts Management AfterwordIndex