LCCH a Wolters Kluwer business. Employment Law in China B nd Edition

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1 LCCH a Wolters Kluwer business 4 Employment Law in China 2 nd Edition B

2 IX TABLE OF CONTENTS Page Abbreviations 361 Index 363 / GETTING STARTED Country profile CHN 1(1-001 Business statistics j. CHN 1(1-011 Education...:..".' CHN 1(1-021 Labour supply trends CHN 1(1-031 Managing information CHN 1(1-041 Registration CHN «j Law and practice CHN fi-061 HR BEST PRACTICE Introduction CHN Impact of globalisation CHN 1( The challenges of the regional HR manager CHN 1) Managing change: the role of HR CHN 1( Flexible work practices CHN 1( Outsourcing CHN 1( THE EMPLOYMENT LAWS Introduction CHNf The legislation CHNf Minimum labour standards CHN f Law v practice CHN 1( Enforcement CHN 1( Employee organisations CHN 1( RECRUITING, SELECTING, HIRING AND INDUCTION Recruitment and selection CHN K Induction CHNK THE EMPLOYMENT CONTRACT Validity of employment contracts CHN 1( Duties and obligations of the parties CHN 1( Role and validity of employee manual CHN 1( Breach of contract CHN 1( Drafting employment contracts CHN 1( Varying the employment contract CHN 1( Sample letters CHNK Employment Law in China

3 EMPLOYMENT ISSUES Remuneration CHN 1( Payroll administration CHN 1( Health and safety CHN 1( Employee welfare CHNH Discrimination and harassment CHN 1J Data protection and internet use CHN 1( Intellectual property ajtfd trade secrets CHN 1( Case example.1 CHN 1( TRAINING AND DEVELOPMENT The role and objectives of training and development CHN 1( Deciding whether to train CHN K Setting objectives CHN Evaluation of training CHN 1( BENEFITS, RETIREMENT AND RELATED TAX ISSUES Benefits CHN Social security benefits CHN 1( Employee welfare benefits CHN 1( Social security rates CHN 1( Retirement benefits legislation CHN 1( Tax treatment of benefits CHN 1( 'Case studies CHN 1) TERMINATION AND REDUNDANCY Types of termination CHNK Types of termination benefit CHNK Wrongful termination CHNK Procedural issues in dismissal CHN 1( Alternatives to dismissal CHN 1( Courts and tribunals CHN 1( Law on redundancy CHN 1( Employer's rights after termination CHN K Case examples CHNf INDUSTRIAL RELATIONS Introduction CHN 1( Industrial legislation CHN 1( Collective contracts : CHN 1( Trade unions CHN 1( Grievances and disputes CHN 1( Strikes and lockouts CHN 1( Enterprise and collective bargaining CHN 1( CCH Hong Kong Limited

4 XI Resolution of industrial disputes CHN 1( Trends CHN 1( EXPATRIATE AND FOREIGN WORKERS Introduction CHN 1( Legislation CHN 1( The employer's legal requirements CHNK Application procedures CHN 1( Taxation issues.../. CHN 1( The challenges of expatriate management CHN 1( Terminating contracts of employment.; CHN 1( RULES AND REGULATIONS Labourlaw of the people's republic of China CHN 1( The trade union law of the people's republic of China CHN 1( Notice on abolishment of "Notice on strengthening labour administration for foreign investment enterprises and private enterprises to protect legal rights and interests of employees" CHN 1( Regulations of Beijing municipality on trade unions in sino-foreign joint equity enterprises CHN 1( Rules for the trial implementation of the economic responsibility system in undertaking contract projects of capital construction CHN 1( Provisional regulations on the provision of political ideological activities for Chinese employees of sinoforeign joint equity and sino-foreign co-operative enterprises CHN 1( Implementation of the right of autonomy of foreign investment enterprises in their use of personnel CHN 1( Notice of the ministry of foreign economic relations and trade and the ministry of labour and personnel concerning the issue of work permits to foreign nationals in foreign investment enterprises CHN 1( Regulations concerning the labour protection of female staff and workers CHN 1( Ministry of foreign economic relations and trade statistical system governing contracting for foreign engineering projects and labour service cooperation CHN 1( Rules of the people's republic of China on the handling of enterprise labour disputes CHN 1( Regulations of the state council governing working hours for workers CHN 1( Employment Law in China

5 XII Regulations on labour management in foreign investment enterprises, CHN 1( Administrative regulations on the employment of foreigners in China CHN 1( Provisional administrative measures on wage incomes of foreign investment enterprises CHN 1( Several opinions on collective bargaining in respect of foreign investment enterprise wages CHN f Trial measures governing collective consultation on wages CHN V CCH Hong Kong Limited

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