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| Preface | |
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| Acknowledgments | |
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| Understanding China's Regulation of the Workplace | |
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| Introduction | |
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| Use of Laws to Regulate the Workplace | |
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| Disparate Economic Impacts in the Workplace | |
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| Labor and Employment Laws and Administration | |
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| Responsibilities and Functions of the MOHRSS | |
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| Administration of Labor and Employment Laws | |
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| Goals and Expectations | |
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| Employment Realationships | |
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| Employment Relationships | |
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| Introduction | |
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| Workforce Profile | |
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| Employment Relationships | |
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| The Employer | |
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| The Employee | |
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| Exclusions | |
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| Exemptions | |
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| Individual Labor Contracts: Formation and Content | |
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| Contract Formation | |
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| Content of Contracts | |
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| Formalities, Application, and Required Content | |
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| Performance | |
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| Termination | |
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| Legal Liabilities | |
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| Collective Negotiations | |
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| Employer Rules and Codes of Conduct | |
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| Collective Labor Contracts and Collective Negotiations | |
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| Trade Unions in China | |
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| Role of the Union | |
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| Historic Obstacles to Collective Negotiations | |
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| Current Law on Collective Negotiations | |
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| Coverage and Purposes | |
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| Negotiating Representatives | |
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| Scope of Negotiable Subjects | |
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| Labor Bureau Supervision of Collective Negotiations | |
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| Collective Negotiation Procedures | |
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| Duties of Proper Conduct for Collective Negotiations | |
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| Hiring And Employment Practices | |
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| Hiring and Employment Practices and the Law | |
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| Employment Promotion and Labor Market Management | |
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| Recruitment, Selection, and HRM | |
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| Privacy and Defamation Limits | |
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| Employment Antidiscrimination Laws | |
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| Protected Status and Hiring Practices | |
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| Gender | |
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| Sexual Harassment | |
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| Race/Ethnicity | |
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| Migrant Workers | |
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| Religious Belief | |
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| Disability/Health | |
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| Unprotected Status Categories | |
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| Age | |
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| Height | |
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| Enforcement | |
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| Working Conditions, Wages, and Hours | |
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| Safety and Health Protection | |
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| Workplace Environment | |
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| Safety | |
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| Health | |
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| Legal Regulation | |
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| Safety Rights and Obligations | |
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| Occupational Health Rights and Obligations | |
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| Injury Compensation | |
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| Injuries in the Workplace | |
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| Coverage | |
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| Administrative Requirements | |
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| Disability Benefits | |
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| Enforcement | |
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| Wages and Hours | |
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| Societal Disparities | |
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| Law on Wages | |
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| Law on Hours | |
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| Law on Overtime | |
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| Enforcement | |
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| Employee Benefits: Leaves, Medical, Maternity, Work-Related, Unemployment, and Pension Insurance | |
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| Mandated and Nonmandated Employee Benefits | |
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| Social Security System | |
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| Mandated Social Insurance Programs and Funds | |
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| Medical Benefits | |
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| Maternity Benefits | |
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| Work-Related Injury Insurance | |
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| Unemployment Benefits | |
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| Pension Insurance | |
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| Housing Fund | |
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| Union Fund | |
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| Mandated Leave Benefits | |
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| Legal Holidays | |
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| Paid Leave: Annual, Medical, and Maternity | |
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| Other Leaves Not Clearly Mandated: Home, Marriage, and Bereavement | |
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| Nonmandated Employee Benefits | |
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| Discipline and Termination Under Employment Agreements | |
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| Employer Work Rules, Discipline, and Termination | |
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| Employer Work Rules and Discipline | |
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| Termination under Labor Contracts | |
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| When a Labor Contract Ends versus Terminates | |
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| Termination by Employer without Notice or Severance Pay | |
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| Termination by Employer with Notice and Severance Pay | |
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| Limits and Prohibitions on Unilateral Termination by the Employer | |
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| Termination by the Employee | |
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| Liabilities: Remedies and Severance Pay | |
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| Restrictive Covenants: Employee Loyalty and the Employer's Protectable Interests | |
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| Legal Regulation | |
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| Protectable Interests: Confidentiality and Competition | |
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| Remedies for Breach | |
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| Resolving Labor Disputes by Mediation, Arbitration, and Litigation | |
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| Legal Regulation of Labor Disputes | |
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| Mediation | |
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| Arbitration | |
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| Arbitration Process | |
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| Litigation | |
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| Rights, Remedies, and Multiple Forums | |
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| Working Labor and Employment Law Illustrations | |
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| Rights, Remedies, and Multiple Forums | |
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| Illustrative Cases | |
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| Labor Arbitration | |
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| Restrictive Covenant | |
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| Individual Employment Contract | |
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| Collective Contract | |
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| Illustrative Contracts | |
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| Individual Employment Contract | |
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| A Model Collective Contract (for Trial Implementation) | |
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| Appendix | |
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| Labor Law of the People's Republic of China | |
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| Labor Contract Law (of the People's Republic china) | |
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| Regulation on the Implementation of the contact Law of the People's Republic of China | |
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| Law of the People's Republic of China on Labor Dispute Mediation and Arbitration | |
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| Employment Promotion Law of the People's Republic of china | |
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| Index | |