Clause 47 of Labor Dispute Mediation and Arbitration Law has changed the past legal proceeding in employment litigation. The clause provides that: In respect of the following labor disputes, the arbitral award and the statement of award shall have legal effect from the date when the judgement is made unless otherwise stated hereof
What’s the relationship between working permit period and the termination of the labor contract for a foreign employee in China? According to Chinese relevant laws and regulations, if a foreigner wants to be a legal employee in China and be protected by the Chinese Labor Law and Chinese Labor Contract Law, he or she needs two things first: one is the Working Permit for Foreigners, the other is the Residence Permit for Foreigners. After the foreigner gets them, he can sign a labor contract with the employer and become a legal employee in China.
The 2015 Laobr Law Annual Meeting of Guang Dong Lawyer’s Association was held in Airland Hotel in Da Meisha Shenzhen. More than 300 lawyers, judges and arbitrators met together, sharing their research on subject of labor law issues, by speech and discussion.
Many bosses feel that it is a headache to terminate the employment of an employee because they think that Chinese labor law is too strict on the employer and any termination would result in huge compensation. It is true that there were many employers who lost their cases and paid compensation when I handled some cases as labor arbitrator.
Annual leave is paid time off work granted by employer to employee in accordance with Chinese relevant laws and regulations. The employees of units such as authorities, organizations, enterprises, institutions, private non-enterprise units and individually-owned commercial and industrial businesses with employees that have been worked continuously for more than one year are entitled to paid annual leave. Here are 5 points of annual leave need to be noted.
This Guideline has the following characteristics: 1. The Guideline is very rich in content and has 117 clauses with more than 29 thousands characters including 15 thousands of explanation so that it will be easier to be understood. 2. The Guideline is a combination of past guidelines of the Shenzhen Intermediate Court or meeting minutes of Shenzhen Labor Arbitration committee. 3. The Guideline is also a written confirmation of many practice in judgment, for example, employment shall be transferred into service contract once employee is over retirement age.
Many foreign companies in China do not understand certain cases of disputes such as a deadlock in operation. Some members of staff simply intend to make trouble for the company, even if all procedures and compensations are lawful. They think the deadlock, not a labor arbitration or litigation, is the best way to get more compensation. In these cases, the company must remain calm, be patient and cooperate with local governmental authorities to solve the problem. Even if your company is under pressure by the government to promptly resolve the dispute, you may still insist on your rights to lawful settlement via the proper legal channels.
It is definitely obnoxious and vexatious situation when the displaced employees or your business partners steal your clients and make of use of your disclosure. Because of such ambiguity law statement, such case is also difficult for our lawyers to prevent or to deal with. Is it commercial secret infringement when displaced employees or business partners doing business with the clients’information that belongs to you?
Many people think that the agreement in the labor contract is invalid because of the 108 clause written for the adjudication guidelines in 2015 by the intermediate court in Shenzhen. The regulation on the labor contract was clear. If the salary covers the compensation which was created from the competitive transaction, then the agreement in the labor contract is invalid. However, this would have been turned out differently if the agreement in the contract was written that the compensation and the salary should be paid separately.