[法律资料]Guide to Employment Laws in PRC.pdfVIP

Guide to Employment Laws in the PRC 1 Overview 2 Hiring 4 Use of Employment/Labour Contracts 10 Compensation and Benefi ts 14 Time Off /Leave of Absence 21 Termination Issues 26 Layoff s/Work Force Reductions/Redundancies 28 Unfair Competition/Covenants Not to Compete 29 Personnel Administration 31 Privacy 33 Employee Injuries/Workers’ Compensation 33 Unemployment 33 Safety and Health and Unions – Industrial Relations 35 Part-time Employees 36 Validity of Employment Manual Provision Overview THE PEOPLE’S REPUBLIC OF CHINA LABOUR AND EMPLOYMENT LAW The foundation for labour and employment laws, rules, and regulations in the People’s Republic of China (the “PRC”) is the PRC Labour Law, which was passed by the Standing Committee of the National People’s Congress of the PRC on 5 July 1994, and came into force on 1 January 1995. Another milestone for the PRC labour and social security legislation is the PRC Labour Contract Law, which was passed by the Standing Committee of the National People’s Congress of the PRC on 29 June 2007, and came into force on 1 January 2008. The PRC Labour Law, the PRC Labour Contract Law, and other laws and regulations issued by the central legislature or government, are generally applicable to the whole of the PRC. There are also local regulations and rules issued by provincial, municipal, and other lower level authorities that are only applicable to relevant local regions. This Guide focuses on the laws and regulations generally applicable to the whole of the PRC. JSM 1 Hiring AT-WILL V. JUST CAUSE According to the PRC Labour Law, an employee has the right unilaterally to terminate a labour contract without reason, as long as the employer is given a 30-day written notice in advance (three days’ prior notice for an employee within the probationary period). As stipulated by Article 3