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Labour Law in China 2nd New edition [Pehme köide]

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  • Formaat: Paperback / softback, 138 pages
  • Ilmumisaeg: 16-Jul-2018
  • Kirjastus: Kluwer Law International
  • ISBN-10: 940350305X
  • ISBN-13: 9789403503059
Teised raamatud teemal:
Labour Law in China 2nd New editionSuurem pilt
  • Formaat: Paperback / softback, 138 pages
  • Ilmumisaeg: 16-Jul-2018
  • Kirjastus: Kluwer Law International
  • ISBN-10: 940350305X
  • ISBN-13: 9789403503059
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9789403503059.html
Märksõnad:

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on China not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting.

Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more.

Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in China, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.



Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this monograph on China not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides asurvey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting.00Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers? associations, workers? participation, collective bargaining, industrial disputes, and much more.
The Author 3(10)
List of Abbreviations
11(2)
Introduction 13(1)
Chapter 1 General Background
13(14)
§1 Geography and Population
13(1)
§2 History
14(1)
§3 The Political System
15(5)
§4 Economy
20(2)
§5 Employment
22(2)
§6 Fundamental Political, Social and Cultural Values
24(3)
Chapter 2 Definitions and Concepts
27(4)
§1 Labour Law as a Branch of the Legal System
27(1)
§2 Delimitation of Labour Law from Other Branches of Law
28(3)
Chapter 3 The Historical Background
31(10)
§1 Brief History of Labour Legislation before 1949
31(1)
§2 Brief History of Labour Legislation after 1949
32(2)
§3 Labour Legislation from 1978 to 1995 and Beyond
34(7)
Chapter 4 Role of the Government and the Social Partners in the Shaping and Administration of Labour Law and Industrial Relations
41(5)
§1 The Government's Role in Legislation and Industrial Relations
41(2)
§2 Role of the Trade Union and Workers' Participation
43(1)
§3 The Employer's Role
44(2)
Chapter 5 Sources of Labour Law
46(7)
§1 International Treaties
46(1)
§2 Domestic Sources
47(4)
I The Constitution
47(1)
II Laws
48(1)
III Administrative Regulations Enacted by the State Council
49(1)
IV Orders, Directives and Regulations of the Ministries and Commissions
49(1)
V Other Sources
49(1)
A Local Legislation
49(1)
B Internal Rules
50(1)
C Collective Agreements
50(1)
§3 Secondary Sources
51(2)
I Legislative Interpretation
51(1)
II Judicial Interpretation
51(1)
III Administrative Interpretation
52(1)
Part I The Individual Employment Relationship
53(58)
Chapter 1 Definitions and Concepts
53(9)
§1 Different Categories oh Employees
53(1)
I Abolition of Status of Enterprises' Cadres and Workers
53(1)
II Factory Workers and Staff Employed in the Institutions
53(1)
III Foreigners and Other Employees according to Employees' Origins
54(1)
§2 The Different Kinds of Individual Labour Contract
54(3)
I The Individual Labour Contract for a Definite Period
55(1)
II The Individual Labour Contract for an Indefinite Period
55(1)
III Labour Contract with Terms Depending on the Time Required to Perform Specific Work
56(1)
IV The Individual Labour Contract for Part-time Work and Secondment Arangement
56(1)
§3 The Trial Clause
57(1)
§4 Requirements for the Conclusion of a Valid Individual Labour Contract
58(4)
I The Legal Capacity to Conclude an Individual Labour Contract
58(1)
A Minors
58(1)
B Women
59(1)
II Consent
59(1)
III Written Form with Mandatory Provisions
60(1)
IV Certification or Confirmation Requirement
61(1)
V Validity and Binding Force
61(1)
Chapter 2 Duties of the Parties during Employment
62(9)
§1 Statutory Duties and Contractual Obligations of the Parties
62(1)
§2 Duties of the Employee
63(3)
I Duty to Work
63(1)
II Duty to Observe Commercial Secrets
64(1)
III Liability
64(2)
§3 Duty of the Employer
66(5)
I Duty of Job Security
66(1)
II Duty to Ensure Labour Safety and to Provide Working Conditions and Training
67(1)
III Duty to Pay Remuneration
68(1)
IV Duty Regarding Social Security Contributions for the Employee
68(1)
V Liability
69(2)
Chapter 3 Working Time and Leave, Sunday Rest, Annual Vacation, Holidays, Educational Leave
71(7)
§1 Working Time
71(2)
I Definitions
71(1)
II Content of Limitations
72(1)
A Daily
72(1)
B Weekly
72(1)
§2 Weekly Rest and Holiday
73(5)
I Weekly Rest
73(1)
II Public Holidays
73(1)
III Paid Leave
74(1)
A Annual Vacation
74(1)
B Home Visits
74(1)
C Marriage Leave, Bereavement Leave or Maternity Leave
75(1)
D Social Activities
75(1)
IV Educational Leave
76(2)
Chapter 4 Remuneration
78(9)
§1 Wage Reform and the Concept of Total Wages and Wage Level
78(5)
I Wage Reform
78(2)
II The Concept of Total Wages and Wage Levels
80(2)
III Determination of Wage Distribution and Wage Payment
82(1)
§2 Minimum Wages
83(1)
I Principles and Standards
83(1)
II Minimum Wage Fixing Machinery
84(1)
§3 Protective Measures and Liability
84(3)
I Deduction
84(1)
II Severance Payments
85(1)
III Overtime Payment
85(1)
IV Priority of Repayment to Employees by Bankrupt Enterprises
85(1)
V Liability
85(2)
Chapter 5 Job Security
87(6)
§1 Redundancy and Reduction
87(2)
§2 Restriction for Termination of the Employment Relationship
89(1)
§3 Re-employment Projects and the Social Insurance Scheme for the Unemployed
90(3)
Chapter 6 The Termination of the Individual Labour Contract
93(5)
§1 General Methods of Terminating the Individual Labour Contract
93(3)
I Expiry and Termination
93(1)
II Termination by the Employer without 30 Days' Written Notice
93(1)
III Termination by the Employer with 30 Days' Written Notice
94(1)
IV Termination by the Employee
95(1)
§2 Severance Pay
96(2)
Chapter 7 Special Protection of Certain Categories of Workers, Protection against Discrimination in Employment
98(4)
§1 Special Protection for Female Workers and Equality in Employment
98(2)
§2 Special Protection for Juvenile Workers
100(1)
§3 Special Protection for and Promotion of Employment for the Handicapped
101(1)
Chapter 8 Covenants of Non-competition; Inventions by Employees
102(2)
§1 Covenants of Non-competition
102(1)
§2 Inventions by Employees
103(1)
Chapter 9 Settlement of Labour Disputes
104(7)
§1 Parties to Labour Disputes and the Content of Labour Disputes
104(1)
§2 Mediation and Arbitration
105(3)
§3 Court Proceeding
108(3)
Part II Collective Labour Relations
111(20)
Chapter 1 Trade Union Freedom
111(6)
§1 Ideology and Concept
111(1)
§2 Freedom to Establish and Join Unions
112(1)
§3 Rights and Duties of Trade Unions
113(4)
I Rights of Trade Unions
113(3)
II Duties of Trade Unions
116(1)
Chapter 2 The Trade Unions and Employers' Associations
117(6)
§1 Organizational Structure
117(2)
§2 Role of the Trade Unions and Employers' Associations
119(1)
§3 Legal Status of Trade Unions and Employers' Associations
120(3)
Chapter 3 Collective Bargaining
123(5)
§1 Introduction
123(1)
§2 Parties to the Collective Agreement
124(1)
§3 Level of Bargaining and Effectiveness of the Collective Agreement
124(1)
§4 Content of Bargaining
125(2)
§5 Procedural Requirements for Concluding a Collective Agreement
127(1)
Chapter 4 Settlement of Disputes Arising in Collective Agreements
128(3)
§1 Jurisdiction
128(1)
§2 Settlement of Disputes
128(1)
§3 Strike Action
129(2)
Selected Bibliography 131(4)
Index 135