By Zengyi Xie
The basic target of this e-book is to assist readers comprehend the advance of the speculation and perform of work legislation in China, and to familiarize them with significant advances and ultimate demanding situations during this box. the writer additionally places ahead feedback on tips to increase hard work legislation in China at the foundation of an research of key difficulties and comparative learn. The ebook may also function an invaluable advisor, permitting HR specialists at businesses with chinese language staff or doing enterprise in China to higher comprehend chinese language hard work legislation and laws. It covers a wide diversity of work legislation matters, together with the which means of work family members, definition of the worker and enterprise, the tasks of employers and staff, anti-discrimination, exertions dispatch, minimal salary, termination of work contracts, paintings harm assurance, exertions inspections and exertions dispute resolution.
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19 The court’s interpretation treats the employee more stringently that it does the employer. When the employee breaches the agreement, the employee must pay a penalty and continue to honor the duty of non-competition. Whereas the rules free the employer from the agreed duty as long as they pay three months extra compensation in exchange for the early termination of the agreement. The court’s position seems to favor the employer and puts the employee at a disadvantage. 20 Hence the court’s position is questionable.
35 It seems that the strict rule has been effective in forcing employers to sign written contracts with their employees. Although the law has strict provision on written contracts, if the parties fail to sign one, the labor relationship can also be established based on the criteria of labor relationship discussed above. As for the term of the contract, under the Labor Contract Law, there are basically two types of contracts, fix-term contracts and non-fixed-term contracts. Before the adoption of the Labor Contract Law, there was no limit on the term of labor contracts.
Law Press, 2005, p. 16. K. The United Kingdom, a typical country in the common law tradition, has a contract theory that is very different from those adopted by countries in the continental legal tradition. Duties in a contract generally are either express or implied obligations. , the basic duties of the employer and employee are mainly implied obligations that originate from common law principles; however, they are also influenced by statutes. K. did not recognize the employer’s duty to provide work for the employee.