Answer: As shown in Is my labor dispatch contract invalid? there is a framework defect in the law of invalidity of labor dispatch in China, and this answer article analyses and deduces a more reasonable framework to assess the invalidity of labor dispatch. Combined with the analyses of the current judicial decisions and according toRead more about 46.How to establish more reasonable legal rules for judging the invalidity of labor dispatch?[…]

Answer: Labor dispatch contract means that a human resources company (dispatch employer) signs an employment contract with an employee, and the employee is dispatched to work for a third-party company (the host employer). In principle, you should be an employee of the human resources company. However, in practice, labor dispatches are often be considered invalidRead more about 45.Is my labor dispatch contract invalid?[…]

Answer: Employment law does not have a specific provision regarding the consequences if an employer reneges on its commitment after finalizing an employment contract. But from civil law angle this employer ought to assume the “contractual negligence liability ” under Chinese civil law, namely liability of one party who violates the basic principle of goodRead more about 25.What liability should an employer bear if it reneges on its wage commitment to an employee candidate?[…]

Answer: To determine when the employment relationship between you and the employer begins, you need to consider both the agreements in the employment contract and the actual commencement time of your work. The commencement of employment relationships is not necessarily determined by the signature of the employment contract. There are three situations in determining theRead more about 26.The starting time specified in my employment contract differs from my actual work start. When did my employment relationship commence?[…]

’Answer: Employers are rightfully obligated to provide a certificate of dissolution or termination of an employment relationship if the employment is dissolved or terminated, and to process the transfer of the employee¡¯s personnel file and social insurance. Employers should also keep employment contracts and wage payment records for at least two years after employees leaveRead more about 27.How should we as an employer set up and maintain our employees’ employment files?[…]

Answer: Assignment contract is a type of employment contract newly stipulated in the Employment Contract Law (not in the Labor Law), which is applicable to the completion of specific work task for a period of time. The purpose is to facilitate the employer to flexibly employ personnel for specific work projects. The law does notRead more about 28.Is my employer legal to sign an assignment contract with me?[…]

Answer: Article 82 of the Employment Contract Law stipulates that employer must sign a written employment contract with an employee within one month from the commencement date of the employment or from the date of a permanent employment contract is due to sign. In case of violation of this provision, the employer shall pay theRead more about 29.How does the law stipulate the obligation of employers to arrange for new employees to sign written employment contracts?[…]

Answer: The Employment Contract Law imposes punitive double-wage damages on those employer who fail to sign employment contracts with their employees due to the employer’s reasons. If an employee claims for the damages, the employer shall, in principle, pay the employee double-wage damages on a monthly or daily basis for the period during which theRead more about 30.How to calculate double-wage damages in the absence of a written employment contract?[…]

Answer: The period for computing double-wage damages is the same as that during which employers illegally fail to sign written employment contracts with their employees. Although the former is determined according to the latter, it is affected by three factors: the first is the type of liability for not signing an employment contract (including theRead more about 31.How do I calculate the compensation period for double-wage damages in the absence of a written employment contract?[…]

Answer: Employers who ought to have signed written employment contracts with their employees but did not are liable to pay the employees double-wage damages theoretically. However, the employer’s liability for compensation is restricted by the limitation of arbitration in practice (please refer to Is it too late for me to claim the double-wage damages?). ThereRead more about 32.What are the exceptions to employers¡¯ obligation for double-wage damages?[…]