China Employment Law Guide.pdf

China Employment Law Guide Baker McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. ? Baker McKenzie 2006, 2009, 2011, 2013 All rights reserved. DISCLAIMER It should be noted that the material in this book is designed to provide general information only. It is not offered as advice on any particular matter, whether it be legal, procedural or other, and should not be taken as such. The authors expressly disclaim all liability to any person in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this book. No reader should act or refrain from acting on the basis of any matter contained in it without seeking specific professional advice on the particular facts and circumstances at issue. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. PREFACE Dear Reader, This is a remarkable time for labor and employment law in China. The Employment Contract Law, which became effective on January 1, 2008, significantly changed the relationship between employer and employee to bring China more in line with international standards. Further, the All-China Federation of Trade Unions, the umbrella organization for all labor unions in China, has promised to continue its campaign to unionize foreign-invested enterprises. Its stated goal is next to pressure companies to sign collective contracts, including collective wage agreements, with their labor unions. As a result of these developments, employers must develop better methods to manage their workforce and labor costs. Companies must be aware of the key legal chall