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1 Basic Theory of Labour Law |
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1 | (18) |
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1.1 Historical Review of Labour Law |
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1 | (3) |
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1.1.1 Origin and Development: From the Worldwide Perspective |
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2 | (1) |
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1.1.2 Origin and Development: From the Chinese Perspective |
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2 | (2) |
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1.2 Sources of Chinese Labour Law |
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4 | (3) |
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1.2.1 Substantive Labour Law |
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5 | (2) |
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1.2.2 Procedural Labour Law |
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7 | (1) |
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1.3 Concept and Characteristics of Labour Law |
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7 | (3) |
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1.3.1 Concept of Labour Law |
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7 | (1) |
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1.3.2 Characteristics of Labour Law |
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8 | (2) |
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1.4 Subject Matter of Labour Law |
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10 | (3) |
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1.4.1 Labour Relationships |
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10 | (1) |
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1.4.2 Other Social Relationships Closely Related to a Labour Relationship |
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11 | (2) |
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1.5 Fundamental Principles of Labour Law |
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13 | (2) |
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1.5.1 Protection of Labourers' Rights |
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13 | (1) |
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1.5.2 Respect for Autonomy in Management |
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13 | (1) |
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1.5.3 Construction of Harmonious Labour Relationships |
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14 | (1) |
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1.6 Legal Status of Labour Law |
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15 | (3) |
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1.6.1 Labour Law and the Constitution |
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15 | (1) |
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1.6.2 Labour Law and Civil Law |
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16 | (1) |
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1.6.3 Labour Law and Company Law |
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17 | (1) |
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18 | (1) |
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19 | (18) |
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2.1 Overview of Labour Relationships |
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19 | (2) |
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2.1.1 Concept of Labour Relationships |
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19 | (1) |
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2.1.2 Characteristics of Labour Legal Relationships |
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20 | (1) |
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2.1.3 Elements of Labour Legal Relationships |
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21 | (1) |
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2.2 Criteria to Identify Labour Relationships |
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21 | (5) |
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2.2.1 The General Understanding of Subordination |
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22 | (1) |
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2.2.2 Background and Aims of Notice of Establishment of Labour Relationships |
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23 | (1) |
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2.2.3 Conditions for Establishment of Labour Relationships |
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24 | (1) |
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2.2.4 Evidence for Establishment of Labour Relationships |
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25 | (1) |
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2.3 Practical Issues Related to Labour Relationships |
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26 | (10) |
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2.3.1 Other Conditions for Establishment of Labour Relationships |
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26 | (2) |
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2.3.2 Labour Relationships in the Context of the Gig Economy |
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28 | (5) |
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2.3.3 Labour Relationships Between Top Managers and Employing Units |
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33 | (3) |
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36 | (1) |
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37 | (44) |
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3.1 Overview of Labour Contracts |
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37 | (7) |
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3.1.1 Concept and Nature of a Labour Contract |
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37 | (1) |
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3.1.2 History of the Labour Contract System in China |
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38 | (1) |
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3.1.3 Legal Framework of Labour Contracts |
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39 | (3) |
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3.1.4 Types of Labour Contracts |
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42 | (2) |
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3.2 Standard Form of Labour Contracts |
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44 | (11) |
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3.2.1 The Basic Information of the Parties |
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44 | (1) |
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3.2.2 Applicable Laws and Basic Principles |
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45 | (1) |
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3.2.3 Period of Labour Contracts |
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45 | (1) |
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3.2.4 Work Contents and Place of Work |
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46 | (1) |
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3.2.5 Working Hours, Rest and Holidays |
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47 | (1) |
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3.2.6 Labour Remuneration |
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48 | (1) |
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3.2.7 Social Insurance and Benefits |
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49 | (1) |
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3.2.8 Vocational Training and Labour Protection |
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50 | (2) |
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3.2.9 Modification, Revocation and Termination of Labour Contracts |
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52 | (1) |
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3.2.10 Other Matters Stipulated by Both Parties |
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52 | (1) |
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3.2.11 Settlement of Labour Disputes |
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53 | (1) |
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3.2.12 Miscellaneous Matters |
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53 | (2) |
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3.3 Invalidity and Modification of Labour Contracts |
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55 | (3) |
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3.3.1 Invalidity of Labour Contracts |
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55 | (2) |
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3.3.2 Modification of Labour Contracts |
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57 | (1) |
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3.4 Revocation and Termination of Labour Contracts |
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58 | (10) |
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3.4.1 Revocation and Termination |
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58 | (1) |
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3.4.2 Revocation of Labour Contracts |
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59 | (5) |
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3.4.3 Revocation of Labour Contracts by a Labourer |
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64 | (1) |
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3.4.4 Termination of Labour Contracts |
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64 | (2) |
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3.4.5 Obligations with Regard to Revocation and Termination of Labour Contracts |
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66 | (2) |
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3.5 Practical Issues Related to Labour Contracts |
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68 | (11) |
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3.5.1 Conclusion of Labour Contracts |
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68 | (4) |
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3.5.2 Terms and Conditions of Labour Contracts |
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72 | (4) |
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3.5.3 Revocation and Termination of Labour Contracts |
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76 | (3) |
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79 | (2) |
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81 | (20) |
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4.1 Overview of Labour Dispatch |
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81 | (3) |
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4.1.1 Labour Dispatch and Multiparty Employment Arrangement |
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81 | (1) |
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4.1.2 Development of Labour Dispatch in China |
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82 | (1) |
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4.1.3 Types of Labour Dispatch |
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83 | (1) |
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4.1.4 Characteristics of Labour Dispatch |
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84 | (1) |
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4.2 Legal Framework of Labour Dispatch in China |
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84 | (3) |
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4.2.1 The Labour Contract Law of 2012 |
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84 | (1) |
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4.2.2 The Interim Provisions on Labour Dispatch |
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85 | (1) |
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4.2.3 The Measures of Implementation of Administrative Permits for Labour Dispatch |
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86 | (1) |
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4.2.4 Bylaws at Local Levels |
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86 | (1) |
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4.3 Terms and Conditions of Labour Dispatch Contracts |
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87 | (3) |
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4.3.1 Parties to the Labour Dispatch Contract |
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87 | (1) |
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4.3.2 The Number of Dispatched Labourers, Vacancies and Period |
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88 | (1) |
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4.3.3 Settlement and Payment of Related Expenses |
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88 | (1) |
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4.3.4 Labour Security and Hygiene, Occupational Diseases Prevention and Benefits |
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88 | (1) |
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4.3.5 Rights and Obligations of Party A |
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89 | (1) |
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4.3.6 Rights and Obligations of Party B |
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89 | (1) |
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4.3.7 Modification, Revocation and Termination of Labour Dispatch Contracts |
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89 | (1) |
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4.4 Practical Issues Related to Labour Dispatch |
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90 | (9) |
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4.4.1 The Implication of the Administrative Permit for Labour Dispatch on Labour Dispatch |
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90 | (1) |
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4.4.2 Violating the Requirements of Being Temporary, Auxiliary and Substitute |
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91 | (1) |
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4.4.3 Joint and Several Liability |
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92 | (1) |
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4.4.4 Tort Liabilities Under Labour Dispatch |
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93 | (2) |
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4.4.5 Open-Ended Labour Contracts in Labour Dispatch |
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95 | (1) |
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4.4.6 Autonomy of Sending Back Dispatched Labourers |
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96 | (1) |
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4.4.7 Reverse Labour Dispatch |
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97 | (2) |
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99 | (2) |
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101 | (14) |
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5.1 Overview of Outsourcing |
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101 | (4) |
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5.1.1 Concept and Types of Outsourcing |
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101 | (1) |
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5.1.2 Advantages and Disadvantages of Outsourcing |
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101 | (2) |
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5.1.3 Specifications for Human Resources Outsourcing Service |
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103 | (1) |
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5.1.4 Process of Outsourcing |
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103 | (2) |
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5.2 Manufacturing Outsourcing |
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105 | (2) |
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5.2.1 The Nature of Manufacturing Outsourcing |
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105 | (1) |
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5.2.2 Key Terms of Manufacturing Outsourcing Contracts |
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105 | (2) |
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5.2.3 Problems with Manufacturing Outsourcing |
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107 | (1) |
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5.3 Practical Issues Related to Outsourcing |
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107 | (8) |
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5.3.1 Doubtful Legitimacy of Human Resources Outsourcing |
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107 | (3) |
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5.3.2 Labour Dispatch in Disguise of Human Resources Outsourcing |
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110 | (1) |
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5.3.3 The Court Opinions in Related Decisions |
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110 | (5) |
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6 Employment of Foreigner Workers in China |
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115 | (20) |
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6.1 Regulatory Framework of Employment of Foreigner Workers |
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115 | (4) |
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6.1.1 UN Provisions of the Migrant Workers |
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116 | (1) |
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6.1.2 Relevant ILO Instruments |
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117 | (1) |
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6.1.3 Regulation of Employment of Foreigner Workers in China |
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118 | (1) |
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6.2 Procedures for Employment of Foreigner Workers |
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119 | (4) |
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120 | (1) |
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121 | (1) |
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6.2.3 Liabilities of Unlawful Employment |
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121 | (2) |
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6.3 Practical Issues Related to Employment of Foreigners |
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123 | (10) |
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6.3.1 Influence of Work Permits on Labour Contracts |
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123 | (3) |
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6.3.2 Work Permits as Prima Facie Evidence of Labour Contracts |
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126 | (1) |
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6.3.3 Liabilities of Contracts for Services and of Invalid Labour Contracts |
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127 | (1) |
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6.3.4 Application of the Labour Contract Law of 2012 on Eligible Foreigner Workers |
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127 | (4) |
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6.3.5 Social Security for Foreigner Workers |
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131 | (2) |
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133 | (2) |
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7 Employment of Seafarers |
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135 | (24) |
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7.1 Overview of Employment of Seafarers |
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135 | (4) |
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7.1.1 Current Situations of Chinese Seafarers |
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135 | (1) |
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7.1.2 Concept of Seafarers |
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136 | (1) |
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7.1.3 Occupational Security of Seafarers |
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136 | (2) |
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7.1.4 Administration System of Employment of Seafarers |
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138 | (1) |
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7.2 The LIO and the Maritime Labour Convention, 2006 |
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139 | (3) |
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139 | (1) |
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7.2.2 Structures and Contents of the Maritime Labour Convention, 2006 |
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139 | (2) |
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7.2.3 Amendments to the Maritime Labour Convention, 2006 |
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141 | (1) |
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7.2.4 Implementation of the Maritime Labour Convention, 2006 |
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141 | (1) |
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7.3 The Regulations on Several Issues of Hearing the Cases of Seafarers-Related Disputes |
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142 | (2) |
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7.3.1 Jurisdiction of Maritime Courts |
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142 | (1) |
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7.3.2 Entrustment Contracts and Brokerage Contracts |
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143 | (1) |
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7.3.3 Claims Subject to Maritime Liens |
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143 | (1) |
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144 | (1) |
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7.4 Terms of Seafarer Labour Contracts |
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144 | (10) |
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7.4.1 Model Format for Seafarer Employment Agreement |
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145 | (4) |
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7.4.2 Contracts in Case of Labour Dispatch Recommended by CMAC |
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149 | (1) |
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7.4.3 CMAC Seafarers' Employment Agreement |
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150 | (4) |
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7.5 Practical Issues Related to Employment of Seafarers |
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154 | (3) |
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7.5.1 The Protean Face of Employment of Seafarers in China |
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154 | (1) |
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7.5.2 Personal Insurance in the Contracts for Seafarers' Services |
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155 | (1) |
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7.5.3 Taking Out the Social Insurance of Seafarers |
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156 | (1) |
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157 | (2) |
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8 Work-Related Injury Insurance |
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159 | (18) |
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8.1 Overview of Work-Related Injuries |
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159 | (4) |
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8.1.1 Concept of Work-Related Injuries |
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160 | (1) |
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8.1.2 Nature of Work-Related Injury Insurance |
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160 | (1) |
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8.1.3 Types of Work-Related Injuries |
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161 | (1) |
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162 | (1) |
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8.2 Understanding and Application of Criteria of Work-Related Injuries |
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163 | (5) |
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8.2.1 Three Elements Related to Work |
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163 | (2) |
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165 | (1) |
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8.2.3 Participation in Activities Organised by an Employing Unit |
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166 | (1) |
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8.2.4 Preparative Work and Concluding Work |
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167 | (1) |
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8.3 Work-Related Injury Insurance Benefits |
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168 | (3) |
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8.3.1 Application for Identification of Work-Related Injuries |
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168 | (1) |
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168 | (2) |
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8.3.3 Termination of Insurance Benefits |
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170 | (1) |
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8.4 Practical Issues with Work-Related Injury Insurance |
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171 | (6) |
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8.4.1 Labour Relationships and Work-Related Injuries |
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171 | (1) |
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8.4.2 Who is Covered by Work-Related Injury Insurance |
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172 | (1) |
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8.4.3 Concurrent Claims Under Work-Related Injury Insurance and Civil Tort Liability |
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173 | (1) |
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8.4.4 Right of Contribution Against a Third Party or an Employing Unit |
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174 | (3) |
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177 | (18) |
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177 | (7) |
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9.1.1 Overlapping of the Labour Law and the Civil Code |
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177 | (1) |
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9.1.2 Types of Civil Liabilities |
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178 | (1) |
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9.1.3 Tort Liabilities and Practical Issues |
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178 | (4) |
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9.1.4 Liabilities for Breach of Contract and Practical Issues |
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182 | (2) |
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9.2 Administrative Liabilities |
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184 | (5) |
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9.2.1 Types of Administrative Liabilities |
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185 | (1) |
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9.2.2 Administrative Remedies |
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186 | (1) |
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9.2.3 Practical Issues Related to Administrative Liability |
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187 | (2) |
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189 | (6) |
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9.3.1 Elements of Criminal Liability |
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189 | (1) |
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9.3.2 Labour-Related Criminal Offences in the Criminal Law |
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189 | (3) |
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9.3.3 Practical Issues Related to Criminal Liabilities |
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192 | (3) |
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10 Labour Dispute Settlement |
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195 | (22) |
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195 | (3) |
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10.1.1 Concept and Characteristics of Labour Disputes |
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195 | (1) |
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10.1.2 Scope of Labour Dispute Settlement |
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196 | (1) |
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10.1.3 Trends in Labour Disputes |
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197 | (1) |
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10.2 Consultation and Mediation |
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198 | (4) |
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198 | (1) |
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199 | (2) |
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10.2.3 Practical Issues Related to Consultation and Mediation |
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201 | (1) |
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202 | (6) |
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10.3.1 Concept and Characteristics of Labour Arbitration |
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202 | (1) |
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10.3.2 Composition and Functions of Labour Dispute Arbitral Body |
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202 | (1) |
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10.3.3 Procedure for Labour Arbitration |
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203 | (1) |
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10.3.4 Practical Issues Related to Labour Arbitration |
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204 | (4) |
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10.4 Labour Dispute Litigation |
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208 | (5) |
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10.4.1 Concept of Labour Dispute Litigation and Causes of Civil Action |
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208 | (1) |
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10.4.2 Scope of Labour Dispute Litigation |
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209 | (1) |
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10.4.3 Procedure for Litigation |
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209 | (2) |
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10.4.4 Practical Issues Related to Litigation |
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211 | (2) |
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213 | (3) |
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10.5.1 General Provisions of Limitations of Actions in the Civil Code |
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213 | (1) |
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10.5.2 Limitations in Labour Arbitration |
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214 | (1) |
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10.5.3 Practical Issues Related to Time Limit of Labour Dispute Arbitration |
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215 | (1) |
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216 | (1) |
| Appendix |
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217 | |
Lisainfo e-raamatute kohta