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.
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.
Full LawThe Labor Contract Law stipulates that employee rules must be created in cooperation with employees and not just set unilaterally by company management.
Full LawChina's law protects workers against discrimination on account of nationality, race, gender or religious beliefs. The most detailed protections cover female workers.
Full LawChina bans employers from using physical discipline, threats or humiliation to punish employees, however economic punishments are not expressly forbidden by law.
Measures are set out for compensation paid to workers in certain situations when labor relationships are dissolved.
Full LawEmployers 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.
Full LawWhen 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.
Full LawChina'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.
Full LawCollective 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.
Full LawThe 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.
Full LawLabor disputes, or disagreements between employers and employees, may progress through a process of consultation, conciliation and arbitration before going to court.
Full Law Compliance database latest update: 2010.09.02