PRCLaborandEmploymentLaw剖析.PDFVIP

PRC Labor and Employment Law Newsflash –August 2012 ©Dacheng Law Offices PRC Labor and Employment Law Newsflash August, 2012 The Supreme People ’s Court’s Interpretation on Several Issues Concerning the Application of the Law in Labor Dispute Trials (Ⅳ) (Draft) Is Open for Public Comments On June 28th, 2012, the Supreme People ’s Court s’ Interpretation on Several Issues Concerning the Application of the Law in Labor Dispute Trials (Ⅳ)(Draft) (Hereinafter referred to as Interpretation Ⅳ)was released and open for public comments. Due to the content therein arose fierce controversial arguments in the society, it has been revised many times over the years. Compared with several previous drafts, the current version evades several important questions, such as whether an open-ended employment contract should be concluded after the fixed-term employment contract was concluded on two consecutive occasions; whether the calculation basis, based on the agreement of parties for the overtime payment, is valid; and how to adjust employee’s work position unilaterally, etc. The current draft mainly focuses on the litigation jurisdiction of labor disputes, the final arbitration award, the democratic procedures of internal policies and rules, the non-competition obligation, etc., which, in some degree, reflect the tendency of legislation and judicial judgment . Regarding the said issue, we hereby summarize and analyze certain innovative and noteworthy provisions with our comments for your consideration. Given that Interpretation Ⅳ involves various issues, we will produce several newsletters to take a deeper look at it for your reference. 1. The jurisdiction of the labor