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Labor Law in China: Progress and Challenges 2015 ed. [Kõva köide]

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  • Formaat: Hardback, 151 pages, kõrgus x laius: 235x155 mm, kaal: 454 g, 1 Illustrations, black and white; XVI, 151 p. 1 illus., 1 Hardback
  • Sari: Research Series on the Chinese Dream and Chinas Development Path
  • Ilmumisaeg: 09-Jun-2015
  • Kirjastus: Springer-Verlag Berlin and Heidelberg GmbH & Co. K
  • ISBN-10: 3662469286
  • ISBN-13: 9783662469286
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Labor Law in China: Progress and Challenges 2015 ed.Suurem pilt
  • Formaat: Hardback, 151 pages, kõrgus x laius: 235x155 mm, kaal: 454 g, 1 Illustrations, black and white; XVI, 151 p. 1 illus., 1 Hardback
  • Sari: Research Series on the Chinese Dream and Chinas Development Path
  • Ilmumisaeg: 09-Jun-2015
  • Kirjastus: Springer-Verlag Berlin and Heidelberg GmbH & Co. K
  • ISBN-10: 3662469286
  • ISBN-13: 9783662469286
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9783662469286.html
Märksõnad:
?The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.
1 The Meaning of a Labor Relationship and Identification of the Employee and the Employer
1(22)
1.1 The Meaning of a Labor Relationship
1(1)
1.2 Basic Criteria for Identifying a Labor Relationship
2(1)
1.3 Special Categories of Employees
3(12)
1.3.1 Domestic Workers
3(6)
1.3.2 Post-Retirement Age Individuals Who Return or Remain in the Workforce
9(4)
1.3.3 Student "Employees"
13(1)
1.3.4 Apprentice
13(1)
1.3.5 Corporate Executives
14(1)
1.4 Establishment of a Labor Relationship
15(1)
1.5 Qualifications for "Employer" Status and Differential Treatment for Different Types of Employers
16(7)
1.5.1 Can a Natural Person Be an Employer?
16(1)
1.5.2 Differential Treatment of Different Types of Employers
17(3)
1.5.3 How to Provide Differential Treatment
20(3)
2 Basic Duties of the Employer and the Employee
23(10)
2.1 Basic Duties of the Employer and the Employee in Labor Law
23(1)
2.2 Duties of the Employer and the Employee in Some Countries
24(2)
2.2.1 Duties of the Employer and Employee Under the Laws in Germany
24(1)
2.2.2 Duties of the Employer and Employee Under the Laws in the U.K.
25(1)
2.3 Factors that Determine the Duties of the Employer and the Employee
26(1)
2.4 Improvement of Duties of the Employer and the Employee
27(6)
2.4.1 The Employee's Duties of Due Diligence and Loyalty
27(4)
2.4.2 Duties of the Employer
31(2)
3 Anti-discrimination Law in the Workplace
33(22)
3.1 Introduction
33(1)
3.2 Current Employment Discrimination Situation and Its Origins
34(2)
3.3 Development of China's Anti-discrimination Law in the Workplace
36(4)
3.4 Implementation Mechanism for the Anti-discrimination Law
40(10)
3.4.1 The Administrative Implementation Mechanism
40(1)
3.4.2 Labor Arbitration and Litigation Proceedings
41(1)
3.4.3 Typical Discrimination Cases
42(8)
3.5 Future Challenges and Tasks in Anti-discrimination in Employment
50(3)
3.5.1 Improving Legislation on Anti-discrimination in Employment
50(1)
3.5.2 Strengthening Education on Awareness and Attitude of Employers
51(1)
3.5.3 Improving the Role of Government in Anti-discrimination in Employment
52(1)
3.5.4 Improving the Capability of Arbitration Commissions and the Courts
53(1)
3.6 Summary
53(2)
4 Combating Employment Discrimination Against the Disabled and the Quota System
55(10)
4.1 Legal Prohibition Against Disability Discrimination in Employment
56(1)
4.2 The Quota System
57(3)
4.2.1 Laws and Regulations for the Quota System
57(2)
4.2.2 Defects of the Quota System
59(1)
4.3 Relationship Between Anti-discrimination Law and the Quota System
60(1)
4.4 How to Improve the System of Anti-discrimination Against Disability in China
61(4)
5 Wages, Work Hours and Holidays
65(14)
5.1 Wage System in General
65(2)
5.1.1 Definition of Wage
65(1)
5.1.2 Principles of Remuneration and Determination of Wages
66(1)
5.1.3 Major Regulations on Wages
66(1)
5.2 The Minimum Wage
67(7)
5.2.1 Theories and Debates on the Minimum Wage System
68(1)
5.2.2 Main Points of the Minimum Wage System
69(2)
5.2.3 Problems in and Improvements Needed for China's Minimum Wage System
71(3)
5.3 Work Hours
74(3)
5.3.1 Standard Work Hours
74(1)
5.3.2 Restrictions on Overtime
75(1)
5.3.3 Special Work Hours Systems
75(2)
5.4 Holidays
77(2)
6 Regulation on Labor Dispatch
79(12)
6.1 Labor Dispatch Legislation and Its Implementation
79(2)
6.2 Main Reasons for Excessive Reliance on Labor Dispatch
81(3)
6.2.1 Benefits of Labor dispatching
81(1)
6.2.2 Insufficient Legal Regulation
82(1)
6.2.3 Effect of the Labor Contract Law
82(1)
6.2.4 The Limit and Effect of Employment Modality
83(1)
6.2.5 The Effect of the Urban-Rural Dual System
83(1)
6.3 The Problem of Unequal Pay for Equal Work
84(1)
6.4 The Revision of the Labor Contract Law in 2012
85(2)
6.5 Problems to Be Solved in China's Labor Dispatch System
87(4)
6.5.1 "Joint Employer" or Not? Ambiguity in the Legal Status of the Host Company
87(3)
6.5.2 Improving Enforcement Mechanisms
90(1)
7 Termination of Labor Contracts
91(18)
7.1 Legitimate Grounds for Dismissals Under Chinese Law
91(3)
7.2 Legitimate Grounds for Dismissal in Some Other Countries
94(4)
7.2.1 The U.K.
94(1)
7.2.2 Germany
95(1)
7.2.3 France
96(1)
7.2.4 Japan B
96(1)
7.2.5 The U.S.
97(1)
7.3 Employer Duty to Provide Severance Allowance
98(5)
7.3.1 Severance Allowance Provisions in Select Countries
98(1)
7.3.2 Severance Allowance Under Chinese Law
99(1)
7.3.3 Reasons for the Differences of the Rules in Different Countries and Regions
100(2)
7.3.4 The Nature and Purpose of Severance Allowance
102(1)
7.4 Employer Liability for Wrongful Dismissal
103(3)
7.4.1 Liability for Wrongful Dismissal Under Chinese Law
103(1)
7.4.2 How to Improve the Rules on Employer's Liability for Wrongful Dismissal
104(2)
7.5 Employee-Initiated Termination of Labor Contracts
106(3)
8 Work-Related Injury Insurance System
109(14)
8.1 Overview
109(1)
8.2 Scope of the Program and Qualifications for Eligible Injuries
110(5)
8.2.1 Who Must Offer the Program to Their Employees
110(1)
8.2.2 Work-Related Injuries: Definition and Criteria
110(1)
8.2.3 Categories of Work-Related Injuries
111(1)
8.2.4 Circumstances Deemed Work Injuries
112(1)
8.2.5 Ineligible Cases
113(2)
8.3 Procedures for Claiming Work-Related Injury Compensation
115(2)
8.4 Work-Related Injuries Compensation for the Uninsured
117(1)
8.5 Payment of Work-Related Injury Compensation
118(1)
8.6 The Relationship Between Injury Compensation and Tort Damages
119(4)
9 Labor Inspection System and Employer's Liability
123(8)
9.1 Matters of Labor Inspection
123(2)
9.2 Effects and Effectiveness of Labor Inspection
125(1)
9.3 Challenges in Labor Inspection
126(3)
9.3.1 Topics Targeted for Inspection
126(1)
9.3.2 Shortage of Labor Inspectors
127(1)
9.3.3 Relationship Between Labor Inspection and Other Forms of Remedy
128(1)
9.4 The Power of the Labor Inspectorate and Employers' Liabilities
129(2)
9.4.1 Ordering Employers to Meet Their Obligations
129(1)
9.4.2 Improving the Employer's Liability in Labor Inspection
130(1)
10 Labor Dispute Resolution
131(14)
10.1 Necessity of Establishing a Special Labor Dispute Resolution Mechanism
131(2)
10.2 Labor Dispute Resolution in Some Countries
133(4)
10.2.1 The U.K.
133(2)
10.2.2 Germany
135(1)
10.2.3 Japan
136(1)
10.3 Labor Dispute Resolution in China
137(5)
10.3.1 Labor Arbitration
137(4)
10.3.2 Labor Litigation
141(1)
10.3.3 Labor Mediation
141(1)
10.3.4 Collective Labor Dispute Resolution
142(1)
10.4 Controversies Regarding Labor Dispute Resolution Model and Its Improvements
142(3)
References 145(4)
Index 149
XIE Zengyi, LLM (Renmin), PHD (Tsinghua), is an associate professor in the Institute of Law, Chinese Academy of Social Sciences; he is also the Director of Department of Research Administration and International Cooperation of this Institute. He was a visiting scholar in Oxford (2006), Columbia (2007), Harvard (2007) and Helsinki (2013). Prof. Xie's major research area is labor law, social security law and commercial law. He is the member of the Academic Committee and Deputy Secretary General of China Labor and Social Law Association, and a part-time arbitrator in Beijing Labor Dispute Arbitration Commission. From 2013, he has been a project expert on labor and social security law invited by Asian Development Bank. From 2014 he has been appointed as a member of the Legal Advisory Committee of All-China Federation of Trade Unions (ACFTU). Prof. Xie is the author of two books: Conflict of Interests in Demutualized Stock Exchanges (2007), and Rethinking China's Labor Law, a Comparative Approach (2011). He has also published over 30 articles on labor law, social security law and commercial law in the key journals including the top legal journals in China, like Chinese Journal of Law, Chinese Legal Science. He has made a lot of presentation in Chinese and English in many high level seminars on labor law and social security law. He has finished several papers in English which includes, New Developments in Anti-discrimination in the Workplace in China: Law and Practice,in Ulla Liukkunen and Chen Yifeng(eds.): China and ILO Fundamental Principles and Rights at Work(Bulletin of Comparative Labour Relations), Kluwer Law International, 2014. Two other English papers by XIE are under editing and will probably be published in 2015. In 2014, due to Professor Xies accomplishment, he won the Nomination Award of the 7th National Ten Outstanding Young Jurists in China. He is the youngest recipient of this award.