China Employment Law Network
Shanghai Business Lawyer
What is Chinese Employment Law

 

The current legal system concerning employment in China is mainly regulated by the Labor Law£¨promulgated on July 5 1994, effective July 1,1995£© and the Labor Contract Law£¨ Adopted at the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007, Effective from January 1, 2008, amended with effect from July 1, 2013), together with their respective supplementing legislation. The administrative regulations enacted by the State Council, the ministerial rules and the judicial explanations of the Supreme People's Court stipulate detailed rules concerning the various aspects of the employment relationship.
 

The main laws and regulations regulating the employment arena include, among others, the following:
 

  • Labor Law of the People’s Republic of China(PRC), effective July 1, 1995
  • Labor Contract Law of the PRC, adopted at the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007, Effective from January 1, 2008, amended with effect from July 1, 2013.
  • Regulation on the Implementation of the Employment Contract Law of the PRC, effective September 18, 2008.
  • Employment Promotion Law of the PRC, effective January 1, 2008.
  • Labor Dispute Mediation and Arbitration Law of the PRC, effective May 1, 2008.
  • Trade Union Law of the PRC, effective October 27, 2001.
  • Interpretation of the Supreme People's Court on Several Issues about the Application of Laws for the Trial of Labor  Dispute Cases(I),(II),(III),(IV).
  •  Opinion on Several Questions Regarding the Implementation of the Labor Law of the PRC, promulgated August 4, 1995.

 

These State-level laws and regulations establish the basis of the employment legal system in China. However, locally issued legislation also regulate from such as provinces, the autonomous zones, major municipalities (Beijing, Shanghai, Tianjin, and Chongqing), Special Economic Zones (such as Xiamen, Shenzhen Special Economic Zones). Local legislation should be consistent with national legislation, but if conflicts are found, they should be carefully examined to determine, under law and in practice, which rule should be applied in a particular case.

 
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