Landmark Labor Law Cases In China
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Landmark Labor Law Cases In China
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Author : Baohua Dong
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-05-20
Landmark Labor Law Cases In China written by Baohua Dong and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.
The Labor Law of the People’s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book provides most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. The first part of the book describes in depth the role of labor law in Chinese society, elaborating on its development and its characteristic features. The cases that follow, each described in minute detail, thoroughly explicate the issues that underlie the dynamic growth of Chinese labor law, such as the following: establishment and identification of the employment relationship; performance, change, dissolution, and termination of the employment contract; determining atypical employment relationships; fiduciary duties; health insurance provisions; work-related injury; labor dispatching service; legal remedies—mediation, arbitration, litigation; labor inspection; legal issues on foreigners’ employment in China; violation of rights to privacy, human dignity, and equal employment; enterprise dissolution or merger; employer’s right to dismissal; economic compensations arising from illegal dismissal; and worker’s damages arising from illegal dissolution of the employment contract. The carefully selected cases span the full range of labor law issues, with perspectives from parties to the action, attorneys, and judicial personnel as well as the editor’s expert analysis of the legal principles, statutes, and case law involved. This English translation of a book published in 2016—the first to focus on labor and employment-related issues in China in a comprehensive way via case law—will help the international community to understand China’s labor law environment and its current achievements. It will prove of immeasurable practical value for practitioners, arbitrators, and academics, as well as for employers and workers with an interest in China.
Landmark Labor Law Cases In China
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Author : Baohua Dong
language : en
Publisher: Kluwer Law International
Release Date : 2019
Landmark Labor Law Cases In China written by Baohua Dong and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Labor disputes categories.
'Landmark Labor Law Cases in China' provides the most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. Each case has its own special features involving different legal problems and covering common issues in the existing labor law system of China. The Labor Law of the People?s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book addresses the most pressing challenges, particularly, the complexity and variability of the legal system concerning labor and employment in China.
Re Visiting The Chinese Land Mark Cases Of Employment Discrimination In Light Of Theories Of Employment Discrimination And American Adjudication Pra
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Author : Dessie Tilahun Ayalew
language : en
Publisher: Eliva Press
Release Date : 2021-03-22
Re Visiting The Chinese Land Mark Cases Of Employment Discrimination In Light Of Theories Of Employment Discrimination And American Adjudication Pra written by Dessie Tilahun Ayalew and has been published by Eliva Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-22 with Law categories.
The People's Republic of China (PRC) is an old country with a socialist orientation of its characteristics. Thus, actual empowerment and rights recognized by the working force are something that seeks attention. But the age of labor law as well as social movements for guaranteeing worker's rights is a very young legal regime and practice while comparing it with the American counterpart. The Labour Contract Law of PRC started and promulgated in 1994 and the first social movement of workers against employment discrimination happened only at the beginning of this millennium. The social movements of Chinese workers against employment discrimination and passed through right-based litigation gave a clue and hint that workers can guarantee their constitutional rights if properly alleged before courts of law as per constitutional rights. Because the Chinese courts have an active role in judicial activism, it is difficult to say that the Chinese employment discrimination cases are judge-made. Thus, this paper tried to re-examine the 'grand employment discrimination cases in light of the distinguished jurisprudence of theories of discrimination and American adjudication. The paper argued that though the employment discrimination cases of Chinese are at the beginning stage, they are a breakthrough by themselves and should be developed further in light of the basic theories of discrimination and Chinese Courts should draw lessons as well strengthen their independence.
Understanding Labor And Employment Law In China
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Author : Ronald C. Brown
language : en
Publisher: Cambridge University Press
Release Date : 2009-10-12
Understanding Labor And Employment Law In China written by Ronald C. Brown and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-12 with Law categories.
Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.
Employment Law In China
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Author : Christopher Hunter
language : en
Publisher: CCH Hong Kong Limited
Release Date : 2008
Employment Law In China written by Christopher Hunter and has been published by CCH Hong Kong Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
It’s not easy to find out exactly what you can and can’t do—legally—with the human resources you employ to help run a business in China. That is, unless you have this well informed, insightful, information-packed guide at hand. Although it’s concise and easy to understand, it offers—in clear English-comprehensive, accurate and up-to-date guidance on the best HR practice in China for tackling such crucial (and often tricky) employment issues as: recruitment and induction; the employment contract; benefits, retirement, and tax issues; rules covering expatriate and foreign workers; training and development; industrial relations; dispute resolution; and termination and redundancy. Especially useful in this new edition is its coverage of the recently implemented Labour Contract Law of the PRC, which took effect on 1 January 2008, with its important clarifications in such areas as written contracts and severance pay. Translations of laws, rules, and regulations manifest CCH’s unchallenged standards of accuracy and clarity. Employment Law in China will prove immeasurably valuable to line managers, human resource practitioners, company lawyers and other professionals involved in running day-to-day business operations in China.
Chinese Labour Law
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Author : Yan Wang
language : en
Publisher:
Release Date : 2022
Chinese Labour Law written by Yan Wang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.
East Asia S Haunted Present
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Author : Tsuyoshi Hasegawa
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2008-06-30
East Asia S Haunted Present written by Tsuyoshi Hasegawa and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-30 with Social Science categories.
This collection of essays by leading scholars from Japan, China, South Korea, and the United States examines how and why bitter historical memories have resurfaced in recent years as freshly virulent and contentious issues between Japan and its neighbors—especially China and South Korea. Moreover, it seeks to identify what set of conditions and what sequence of measures will enable these modern nations to manage, palliate, and exorcise the wrongs of the past in a spirit of reconciliation, so that the dangerous growth of nationalist resentments and revanchism can be checked. Comfort women ... the Yasukuni Shrine ... the history textbook controversies ... The single sorest issue confronting East Asia today is the growing animosity and conflict between Japan and its neighbors—especially China and South Korea—over their respective and collective memories of Japan's pre-1945 militaristic aggression, oppression, and atrocities. Even as East Asia has established itself as one of the most vibrant economic regions of the world, the strident nationalisms that have emerged here in the post-Cold War period have exacerbated historical grievances and heightened the international tensions that separate Japan from China and South Korea, blocking the development of an international system based on comity and cooperation.
Constitutional Courts In Asia
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Author : Albert H. Y. Chen
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-20
Constitutional Courts In Asia written by Albert H. Y. Chen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 with Law categories.
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Inheritance Of Loss
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Author : Yukiko Koga
language : en
Publisher: University of Chicago Press
Release Date : 2016-11-28
Inheritance Of Loss written by Yukiko Koga and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-28 with History categories.
In Inheritance of Loss, anthropologist Yukiko Koga tackles complex questions of how two nations previously at war come to terms with their troubled past. Her site is Northeast China, where Japan s imperial ambitions were pursued to devastating and murderous ends in the twentieth century. There the landscape, which is still peppered with missiles and unexploded chemical weapons from the war, is the backdrop for refurbished imperial architecture and revived Japanese businesses. But the national wounds of China and Japan s history problem cannot be stitched together solely through international trade. The author shows why mutual recognition of wartime atrocities is the only thing that can allay the persistent and sporadically explosive tensions between two of the most powerful countries in the Eastern hemisphere. A milestone in memory studies that incorporates sorely needed attention to materiality and political economy, Inheritance of Loss shows just how crucial imperial legacies will continue to be despite China s and Japan s attempts to leave the past behind in pursuit of a more prosperous future."
Chinese Labour Law
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Author : Yan Wang
language : en
Publisher: Springer Nature
Release Date : 2021-11-30
Chinese Labour Law written by Yan Wang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-30 with Law categories.
This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.