Labor Law in China: Progress and Challenges by Zengyi Xie

By Zengyi Xie

​The basic objective of this e-book is to aid readers comprehend the advance of the speculation and perform of work legislation in China, and to familiarize them with significant advances and closing demanding situations during this box. the writer additionally places ahead feedback on the right way to increase hard work legislations in China at the foundation of an research of key difficulties and comparative examine. The booklet may also function an invaluable consultant, permitting HR specialists at businesses with chinese language staff or doing company in China to raised comprehend chinese language hard work legislation and rules. It covers a extensive diversity of work legislation matters, together with the which means of work kinfolk, definition of the worker and service provider, the tasks of employers and staff, anti-discrimination, exertions dispatch, minimal salary, termination of work contracts, paintings harm assurance, exertions inspections and exertions dispute resolution.

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Therefore, both the employer and the employee should bear a duty of mutual respect and trust. Third, the subordination of the employee to the employer and the imbalance between their respective statuses need to be examined. The employer often makes rules and gives instructions that the employee must obey. Yet the employer cannot 9 Deborah J Lockton, Employment Law, 5th Edition, Palgrave Macmillan, 2006, pp. 102–112. 4 Improvement of Duties of the Employer and the Employee 27 abuse this power, and the rules and instructions must be lawful and reasonable.

28 2 Basic Duties of the Employer and the Employee the workers assembly or all the workers for discussion and proposals. 11 Any workplace rules made in violation of the statutory procedure have no binding effect over the employees. Although China’s labor law provisions stipulate that the content of workplace rules must be legal, it does not stipulate that the content should also be reasonable. This is a defect. In theory, the employee only has a duty to observe legal and reasonable workplace rules.

This duty, apart from that to “abide by professional codes of conduct,” mainly concerns the duty of due diligence. This provision needs to be improved. “Completing job duties” is inherent in the labor contract and an imperative for the employee. “Improving vocational skills” is part of the duty of due diligence and overly broad. ” The degree of “care” and appropriate “skill” should be determined by the specific work situation. The duty to “improve vocational skills” is too general. According to the Labor Law and Labor Contract Law, the employee has the duty to observe workplace safety and health rules, workplace discipline, and other workplace rules.

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