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OtherLabor Management

Recruitment

The law specifies rules to be used during recruitment in order to protect the rights of both employees and enterprises. The law forbids discrimination by gender, nationality, race, or religious belief during recruitment.

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Labor Contracts

With the promulgation of the Labor Contract Law in 2007, China now has detailed rules governing every facet of employment contracts, with increased protection for workers.

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Employee Rules

The Labor Contract Law stipulates that employee rules must be created in cooperation with employees and not just set unilaterally by company management.

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Discrimination

China's law protects workers against discrimination on account of nationality, race, gender or religious beliefs. The most detailed protections cover female workers.

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Discipline

China bans employers from using physical discipline, threats or humiliation to punish employees, however economic punishments are not expressly forbidden by law.

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Severance Compensation

Measures are set out for compensation paid to workers in certain situations when labor relationships are dissolved.

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Personnel Records

Employers are required to file records and register workers. Provisions governing personnel records address storage and handling to maintain the security and confidentiality of the records.

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Employee Lay-0ffs

When it becomes necessary for companies facing changes or hardship to dismiss large numbers of employees, certain conditions apply. The company must give special consideration to more stable and needy employees. Guidelines are also set for re-hiring when the company does get back on its feet.

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Freedom of Association and Unions

China's law allows the formation of trade unions. Unions may be formed within a single enterprise or between two or more enterprises and separate unions may interact with each other. Higher level unions may provide assistance in the forming of lower level unions within their industry. The law specifies that the All China Federation of Trade Unions is the highest level national union.

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Collective Contracts

Collective contracts governing working conditions can be made between groups of workers and employers. The collective contract system in China has recently been strengthened by the Labor Contract Law.

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Collective Wage Agreements

The law covering collective wage agreements is a subset of collective bargaining law. It specifies rules which come into play only during wage negotiations between groups of workers and their employers.

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Labor Dispute Management

Labor disputes, or disagreements between employers and employees, may progress through a process of consultation, conciliation and arbitration before going to court.

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Compliance database latest update: 2010.09.02
Enabling Partner:
Supporting Organizations:
Compliance Practitioners Initiative     Initiative Clause Sociale     ICTI CARE Process     Hong Kong Workers' Health Centre     China Academy of Safety Science and Technology     BSCI     Worldwide Responsible Accredited Production (WRAP)     Institute of Contemporary Observation    
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