Cover -- Half-title -- Title -- Copyright -- Contents -- Preface -- Acknowledgments -- Part I Understanding chinas regulation of the workplace -- 1 Introduction -- Balancing Economic Development and Labor Reforms -- 1. Use of Laws to Regulate the Workplace -- 2. Disparate Economic Impacts in the Workplace -- 2 Labor and Employment Laws and Administration -- 1. Responsibilities and Functions of the MOHRSS -- 2. Administration of Labor and Employment Laws -- 3. Goals and Expectations -- Part II Employment relationships -- 3 Employment Relationships -- 1. Introduction -- a. Workforce Profile -- b. Employment Relationships -- 2. The Employer -- 3. The Employee -- 4. Exclusions -- 5. Exemptions -- 4 Individual Labor Contracts: Formation and Content -- 1. Contract Formation -- 2. Content of Contracts -- a. Formalities, Application, and Required Content -- b. Performance -- c. Termination -- d. Legal Liabilities -- e. Collective Negotiations -- f. Employer Rules and Codes of Conduct -- 5 Collective Labor Contracts and Collective Negotiations -- 1. Trade Unions in China -- a. Role of the Union -- 2. Historic Obstacles to Collective Negotiations -- 3. Current Law on Collective Negotiations -- a. Coverage and Purposes -- b. Negotiating Representatives -- c. Scope of Negotiable Subjects -- d. Labor Bureau Supervision of Collective Negotiations -- e. Collective Negotiation Procedures -- f. Duties of Proper Conduct for Collective Negotiations -- Part III Hiring and employment practices -- 6 Hiring and Employment Practices and the Law -- 1. Employment Promotion and Labor Market Management -- 2. Recruitment, Selection, and HRM -- 3. Privacy and Defamation Limits -- 7 Employment Antidiscrimination Laws -- 1. Protected Status and Hiring Practices -- a. Gender -- b. Sexual Harassment -- c. Race/Ethnicity -- d. Migrant Workers -- e. Religious Belief.

f. Disability/Health -- 2. Unprotected Status Categories -- a. Age -- b. Height -- 3. Enforcement -- Part IV Working conditions, wages, and hours -- 8 Safety and Health Protection -- 1. Workplace Environment -- a. Safety -- b. Health -- 2. Legal Regulation -- a. Safety Rights and Obligations -- b. Occupational Health Rights and Obligations -- 9 Injury Compensation -- 1. Injuries in the Workplace -- 2. Coverage -- 3. Administrative Requirements -- 4. Disability Benefits -- 5. Enforcement -- 10 Wages and Hours -- 1. Societal Disparities -- 2. Law on Wages -- 3. Law on Hours -- 4. Law on Overtime -- 5. Enforcement -- Part V Employee benefits: leaves, medical, maternity, work-related, unemployment, and pension insurance -- 11 Mandated and Nonmandated Employee Benefits -- 1. Social Security System -- 2. Mandated Social Insurance Programs and Funds -- a. Medical Benefits -- b. Maternity Benefits -- c. Work-Related Injury Insurance -- e. Pension Insurance -- f. Housing Fund -- g. Union Fund -- 3. Mandated Leave Benefits -- a. Legal Holidays -- b. Paid Leave: Annual, Medical, and Maternity -- Annual Leave -- Medical Leave -- Maternity Leave -- c. Other Leaves Not Clearly Mandated: Home, Marriage, and Bereavement -- Home Leave -- Marriage and Bereavement Leave -- 4. Nonmandated Employee Benefits -- Part VI Discipline and termination under employment agreements -- 12 Employer Work Rules, Discipline, and Termination -- 1. Employer Work Rules and Discipline -- 2. Termination under Labor Contracts -- a. When a Labor Contract Ends versus Terminates -- b. Termination by Employer without Notice or Severance Pay -- c. Termination by Employer with Notice and Severance Pay -- d. Limits and Prohibitions on Unilateral Termination by the Employer -- 3. Termination by the Employee -- 4. Liabilities: Remedies and Severance Pay.

13 Restrictive Covenants: Employee Loyalty and the Employer's Protectable Interests -- 1. Legal Regulation -- 2. Protectable Interests: Confidentiality and Competition -- 3. Remedies for Breach -- 14 Resolving Labor Disputes by Mediation, Arbitration, and Litigation -- 1. Legal Regulation of Labor Disputes -- 2. Mediation -- 3. Arbitration -- 4. Arbitration Process -- 5. Litigation -- Part VIII Rights, remedies, and multiple forums -- 15 Working Labor and Employment Law Illustrations -- 1. Rights, Remedies, and Multiple Forums -- 2. Illustrative Cases -- a. Labor Arbitration -- b. Restrictive Covenant -- c. Individual Employment Contract -- Labor Arbitration vs. Courts -- Material Breach of Rules or Serious Dereliction of Duty Causing Substantial Harm to the Employer -- A Foreigner Working in China -- Employment Relationship and Remedies -- d. Collective Contract -- 16 Illustrative Contracts -- 1. Individual Employment Contract -- I. Contract Term -- II. Work Content and Workplace -- III. Working Protection and Working Condition -- IV. Working Hours, Rest, and Vacations -- V. Payment of Labor -- VI. Social Insurance and Welfare -- VII. Job Training -- VIII. Implementation, Amendment, Renewal, Termination, and End of the Labor Contract -- LX. Other Appointed Items Stimulated by Parties -- IX. Severance Pay and Compensation -- X. Labor Dispute -- XI. The Matters Not Mentioned in the Contract Shall Be Handled According to the Relevant Regulations of the State -- XII. When There Are Differences Between the Contract in Chinese and the English Version for Foreigner Labor, the Chinese Version Is the Basis -- XIII. This Contract Is Made in Duplicate. Party A and Party B Each Keep One Copy -- 2. A Model Collective Contract (for Trial Implementation) -- Table of Contents -- Chapter One General Principles -- Chapter Two Payment for Labor.

Article 6 Wage Distribution System -- Article 7 Wage System -- Article 8 Wage Income -- Article 9 Methods for Wage Payment -- Article 10 Workers' Wage Increase Mechanism -- Article 11 Rules on Workers' Wage Increase -- Article 12 The Minimum Wage Pattern -- Article 13 Per Capita Enterprise Wage Level -- Article 14 Seniority Wage -- Article 15 Duty Wage -- Article 16 Scale Wage -- Article 17 Job Salary -- Article 18 Skill Wage -- Article 19 Bonus (Achievement Wage) -- Article 20 Piece-Rate Wage -- Article 21 Overtime Wage -- Article 22 Relevant Allowances and Subsidies -- Article 23 Production Quota -- Article 24 Other Stipulations -- Chapter Three Working Hours -- Article 25 Standard Working-Hour System -- Article 26 Irregular Working-Hour System -- Article 27 Comprehensively Calculated Working-Hour System -- Article 28 Overtime Work Arrangement -- Article 29 Definition of the Extra Working Hours -- Article 30 Procedures and Agreement on Overtime Work -- Article 31 Agreement on Overtime Work -- Article 32 Day Days Off for Having Worked Overtime -- Chapter Four Labor Contract Management -- Article 33 Labor Contract System -- Article 34 Recruitment of Workers -- Article 35 Forms of Recruitment -- Article 36 Probation Period -- Article 37 Labor Contract Period -- Article 38 Conclusion of the Labor Contract -- Article 39 Change of the Labor Contract -- Article 40 Termination of the Labor Contract -- Article 41 Renewal of the Labor Contract -- Article 42 Other Agreed Terms -- Chapter Five Leaves and Holidays -- Article 43 General Provisions -- Article 44 Sick Leave -- Article 45 Marriage Leave -- Article 46 Funeral Leave -- Article 47 Maternity Leave -- Article 48 Family Planning Leave -- Article 49 Baby-Nursing Leave -- Article 50 Home Leave -- Article 51 Leave of Absence -- Article 52 Industrial Injury Leave -- Article 53 Paid Annual Leave.

Article 54 Arrangement of the Annual Leave -- Article 55 Overtime Work on Holidays -- Article 56 Other Regulations -- Chapter Six Labor Safety and Health -- Chapter Seven Insurance and Welfare -- Article 69 Social Insurance -- Old-Age Insurance -- Medical Insurance -- Unemployment Insurance -- Industrial Injury Insurance -- Birth Insurance -- Article 70 Housing Accumulation Fund -- Article 71 Annuity -- Sources of the Annuity and the Rule for Paying the Annuity -- Management and Bookkeeping -- Treatment -- Article 72 Supplementary Medical Insurance -- Article 73 Workers' Mutual Aid Insurance -- Article 74 Withdrawal and Use of Workers' Welfare Funds -- Article 75 Workers' Welfare -- Article 76 Warmth-Delivering Fund -- Chapter Eight Special Protection of Female Workers and Underage Workers -- Article 80 Protection of the Female Worker during Her Pregnancy -- Article 81 Protection of Female Worker's Childbirth Period -- Article 82 Protection of Female Workers during the Breastfeeding Period -- Article 83 Protection during Female Workers' Climacteric -- Article 89 Special Protection of Underage Workers -- Article 90 Protection of Female Workers and Female Workers' Organizations under Trade Unions -- Chapter Nine Professional Skill Training -- Article 91 Vocational Training System -- Article 92 Withdrawal and Use of Education and Training Funds -- Article 93 Time for Training -- Article 94 Types of Professional Skill Training and Relevant Regulations -- Article 95 Technological Transformation -- Article 96 Training at the New Posts -- Article 97 Recruitment through Talent Competition -- Article 98 Task Adjustment and Job Change -- Chapter Ten Rules and Regulations, Award and Punishment -- Chapter Eleven Settlement of Labor Disputes -- Chapter Twelve Alteration, Cancellation, Termination, and Renewal of the Collective Contract.

Chapter Thirteen Settlement of the Disputes in the Course of Contract Execution.