Chapter 16 Employment law.ppt

Chapter 16 Employment law 1 Overview 2 Employment promotion 3 Employment contract and collective agreement 4 Labor standards 5 Social insurance and welfare 6 Labor supervision 7 Labor disputes resolution 1.1 Employment relation 1.1.1 Employment v agency relation 1.1.2 Employment v independent contractor relation Employment v independent contractor relation 1.2 Sources of law Scope of labor law’s application to employment relations Must be in writing Fixed term and indefinite contracts, and contract for particular job assignment If an employee has completed services for 10 years or more for the employer, and both parties intend to renew the contract, employer must execute indefinite employment contract. 3.1.2 Validity 3.1.3 Termination 3.1.3.1 Consensual termination ? 3.1.3.2 Employers unilateral decision (1) unsatisfactory performance of the employee during probation period (2) serious breach of labor discipline or rules and regulations of the employer (3) serious neglect of duties, obtaining personal benefits but causing grave damage to the employer (4) be imposed criminal punishment 3.1.4 Illegal dismissal (1) unable to work due to occupational disease or industrial accident (2) during the recovery period in sickness or non-industrial injuries (3) during pregnancy, confinement or nursing period for women workers (4) other situations as provided by the law Employees so dismissed may seek compensation from such employer 3.1.5 Economic compensation upon termination Standard of economic compensation upon termination 3.1.6 Employee’s non-competition obligation Reasonableness of non-competition clause 3.2 Collective agreement It covers: wages and salaries, working hours, rest and vocation, labor safety and health, social insurance and social welfare, etc. Draft agreement: subject to approval by the workers congress. By and between employer and the trade union Submitted to competent government depa