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Labor & Employment

Guidelines for Corporate Rules and Systems Illegality Risk Prevention: Comments and Analysis on Common Illegal Provisions in Corporate Rules and Systems

An enterprise’s rules and systems are the rules and systems formulated by the enterprise for the organization of the labor process and for labor management; they are the enterprise’s internal “law”, which is extremely important for regulating the production, operation and work order. However, if any rules and systems are illegal in respect of the content and procedures, they cannot play a positive role to the fullest extent; instead, they can adversely impact the enterprise and give rise to labor disputes.

This book, by way of example, enumerates 150 common and typical illegal provisions in corporate rules and systems, which comprehensively covers employee recruitment, employment contracts, salaries and compensations, working hours, leaves, social insurances, daily management of employees and other issues. This book deeply analyzes each example in combination with legal provisions and social practices, illustrates their merits in detail, expressly points out the root causes for the unlawfulness and irrationality of such illegal provisions, the essential action of the labor rights violation as well as any possible risks they may bring to the employer, and then reaches a professional conclusion by pointing out the right directions as to how to prevent and eliminate the risks and clarify the proper expression for the relevant rules and systems.

This book is a summary of experience, analysis and study based on a comprehensive understanding of the formation of corporate rules and systems and the implementation of labor management, which may serve as a work guideline for enterprises to deal with labor relations and prevent labor disputes as well as a practical handbook for employees to study employment regulations and safeguard their own rights and interests.

Interpretation of the Employment Contract Law of the People's Republic of China (TransAsia 2010)

Originally produced in Chinese by the Legislative Affairs Commission of the Standing Committee of the National People's Congress, this publication provides an authoritative analysis of the ECL. It interprets each aspect of the law in detail, provides in-depth insights into its underlying objectives, and helps readers to understand the effects of the law on hiring and retention. TransAsia is proud to have been invited to produce the official English translation of this important book.

Using Employment Contracts Skillfully & Reducing Labor Disputes (TransAsia 2010)

This ambitious treatise was written by Dr. Chen Peiyong, Section Director of the Legislative Affairs Office of the State Council. It brings clarity to a challenging, critical topic and serves as a valuable companion in understanding the Implementing Regulations of the ECL.

The Employment Contract Law: Implementation Strategy and Risk Prevention (TransAsia 2009)

A critical analysis of the ECL and its Implementing Regulations, this Chinese-language guide distills the expertise of leading Chinese employment practitioners. It outlines 31 essential strategies for the resolution of common HR management problems and provides answers to some of the most frequent questions employers have about this law.

"Handling Employment and Labor Disputes in China" (a chapter in Managing Business Disputes in Today's China: Dueling with Dragons, Kluwer Law International 2007)

This chapter provides an introduction to the overall legal framework for employment in China, focusing in particular on dispute resolution. It concludes with a brief discussion of the key issues relating to the execution, contents and termination of employment contracts, an area that is particularly prone to labor disputes.

China Employee Wages - Statistics and Analysis (CCH 2001)

Produced in conjunction with the PRC Ministry of Labor and Social Security, this bilingual loose-leaf publication provides authoritative and comprehensive statistics on wage levels and labour costs in large and medium-sized cities throughout China. An in-depth introduction to the survey methodologies employed and the significance of the data is also included.

"Taking a Stake in Tomorrow: Labor Regulatory System and Stock Options" (a chapter in The Life and Death of a DOTCOM in China (Asia Law and Practice 2000), co-authored with Preston Gates & Ellis)

This chapter sets forth an introduction to the PRC labor law system and discusses those areas of particular importance to Internet companies. Topics addressed include employment contracts, work product definition, non-competition undertaking and stock options.

"Employers' Legal Obligations in China" (a chapter in Competitive Rewarding: The Essential Business Guide to Compensation & Benefits in Hong Kong and the PRC, Euromoney 1998)

Reprinted as a separate bilingual booklet, this publication provides an overview of  PRC legislative requirements for employers. Topics covered include employee compensation and benefits, enterprises' legal liabilities, and labor disputes.

China's Labor & Social Security Law: Essential Facts Explained (CCH 1998 - 2001)

This definitive guide to Chinese labor-related legislation and policies is a bilingual loose-leaf publication containing over 300 comprehensive Q&A in addition to all the relevant then-current legislation. Topics covered include recruitment, employment contracts, collective contracts, wages, working hours and leave, social security, labour disputes, female employees and underage workers, occupational health and safety, and punishments and rewards.

IMPORTANT NOTICE AND DISCLAIMER: After conceptualizing and writing China's Labor & Social Security Law: Essential Facts Explained, and updating the book for three years, TransAsia terminated its authorship agreement with CCH in October 2001. As we are no longer associated with the publication, we cannot verify or endorse the accuracy of any of its current content or of its updated materials.