China > Employment security, termination of employment

China - Employment security, termination of employment - Law, Act

Enterprise Bankruptcy Law of the People's Republic of China (No. 54 of 2006). -

Adoption: 2006-08-27 | Date of entry into force: 2007-06-01 | CHN-2006-L-99483

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Regulations for Encouraging Business Entities to Reemploy Workers Laid Off under Their Mass Redundancy Plan, 2003. (¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿¿) -

Adoption: 2003-09-29 | CHN-2003-R-89078

These Regulations are enacted in accordance with Paragraph 4, Article 9 of the Protective Act for Mass Redundancy of Employees.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Regulations for Prohibiting Chairman of the Board of Directors and the Responsible Person in Fact of a Business Entity from Going Abroad while Implementing Mass Redundancy Plan, 2003. -

Adoption: 2003-07-30 | CHN-2003-R-99064

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Regulations Governing the Organization of a Labor Market Trend-Changing Assessment Committee while Implementing a Mass Redundancy Plan, 2003. -

Adoption: 2003-07-16 | CHN-2003-R-99067

China - Employment security, termination of employment - Law, Act

Protection for Mass Redundancy of Employees Act. (¿¿¿¿¿¿¿¿¿) -

Adoption: 2003-02-07 | Date of entry into force: 2003-05-07 | CHN-2003-L-89085

Contains 12 Articles. Article 1 sets out the purpose of the Act:
"This Law is enacted for the purpose of protecting the employees' right to work, moderating the employer's management rights, preventing damage or potential damage to the rights and interests of employees that may result from mass redundancy of employees by a business entity, and maintaining the stability of society. With regard to matters not provided for in this Act, relevant provisions provided in other applicable laws shall prevail."

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Regulations for Subsidizing the Litigation Costs and Necessary Living Expenses of Workers Laid Off under Mass Redundancy Plan, 2003. -

Adoption: 2003 | CHN-2003-R-99065

China - Employment security, termination of employment - Law, Act

Employment (Amendment) (No. 2) Ordinance, 2001 (No. 18 of 2001).

Adoption: 2001-05-25 | CHN-2001-R-59654

Amends Sections 31I and 31Y of the Employment Ordinance to clarify that an employer may reduce a severance payment or long service payment payable to an employee by a relevant mandatory provident fund scheme benefit that has been paid to or in respect of the employee.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Decreto presidencial núm. 224/99, por el que se hace extensivo al territorio de Macao, en los mismos términos en que está vinculado el Estado Portugués, el Convenio núm. 158 sobre la terminación de la relación de trabajo, 1982, ratificado por el Decreto núm. 68/94, de 27 de Agosto, cuyo texto fue publicado en el Diário da República, de 27 de agosto de 1994. -

Adoption: 1999-11-16 | CHN-1999-R-54587

China - Employment security, termination of employment - Law, Act

Employment (Amendment) (No. 3) Ordinance 1997 (No. 75 of 1997).

Adoption: 1997-06-27 | CHN-1997-L-47380

Amends provisions regarding right to severance pay, long service pay, and protection from dismissal. Inter alia, dismissed employees shall have recourse to remedies if an employer attempts to change conditions of a continuous contract, if an enterprise changes owners, or if an employee is dismissed for an invalid reason. S. 32 H provides for remedies if an employee who has been given notice of dismissal takes part in a strike before the expiration of such notice and is consequently dismissed. Other amendments regard the jurisdiction of the Labour Tribunal and the determination and award of compensation.

China - Employment security, termination of employment - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Circular of the Ministry of Labour on Printing and Distributing the Provisions on Personnel Reduction due to Economic Reasons in Enterprises (LMI No. 447 of 1994).

Adoption: 1994-11-14 | Date of entry into force: 1995-01-01 | CHN-1994-M-44566

Provides regulations for employment units in the event of personnel reduction. Personnel reduction shall take place with consultation of trade unions; disabled workers and pregnant or breast-feeding women shall not be dismissed; reduced personnel shall have priority in re-employment.

China - Employment security, termination of employment - Law, Act

Employment (Amendment) Ordinance 1993 (No. 61 of 1993)

Adoption: 1993-07-15 | CHN-1993-L-33841

Provides for rules in respect of termination of contract without notice by employee, lay-off, general provisions as to employee's right to long service payment, option for common leave year, and that employment shall not be terminated, etc. by reason of fact that employee has given evidence in a proceeding under the Ordinance.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Regulations on the Placement of Surplus Staff and Workers of State-owned Enterprises (State Council Decree No. 111).

Adoption: 1993-04-20 | Date of entry into force: 1993-04-20 | CHN-1993-R-49695

Requires state-owned enterprises to endeavor to re-employ surplus staff through organized labour activities or diversified business tasks. Other means of managing surplus workers shall include additional vocational training, limited term leave during which an employee shall receive living expenses, early retirement, and voluntary resignation with severance pay.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Employment (Amendment) (No. 4) Ordinance 1992 (No. 62 of 1992)

Adoption: 1992-07-09 | CHN-1992-R-29981

This Ordinance amends the Employment Ordinance (Cap. 57) in respect of termination of contracts without notice by the employee, the right to severance payments, dismissal by the employer, set-offs of severance payments against gratuity or retirement scheme payment, and gratuity or retirement scheme payment on death of employee.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Temporary Regulations on matters relating to holidays and treatment of Xinhua employees who go abroad for tourism or private reasons.

Adoption: 1990-12-06 | Date of entry into force: 1991-01-01 | CHN-1990-R-22061

Agency employees who wish to leave the country for private reasons, including "sightseeing", must first resign and then submit to "screening procedures" (regulation 2). Employees who disregard this provision "will be dealt with seriously", unless "they return to work of their own accord within one month and make an earnest self-criticism", in which case they will be dealt with "appropriately" (regulation 5).

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations 1990. L.N. 221.

Adoption: 1990-07-03 | CHN-1990-R-20824

Provide for the form of register, specify qualifications for registration and provide for proceedings relating to the discipline of medical laboratory technologists.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Occupational Therapists (Registration and Disciplinary Procedure) Regulations 1990. L.N. 222.

Adoption: 1990-07-03 | CHN-1990-R-20825

Provide for the form of register, specify qualifications for registration and provide for proceedings relating to the discipline of occupational therapists.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Employment (Amendment) Ordinance 1990. No. 41.

Adoption: 1990-06-07 | Date of entry into force: 1990-06-05 | CHN-1990-R-20524

Amendments in respect of termination of employment, termination of contract without notice by employee, suspension from employment in certain cases, lay-off, severance payment, long-service payment, and death of employer or employee.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Decision on Personnel Management of Foreign Investment Enterprises (Issued on October 12, 1988 by the Ministry of Labour and Personnel; Approved on December 15, 1988 by the State Council). -

Adoption: 1988-10-12 | Date of entry into force: 1988-12-15 | CHN-1988-R-72392

Provides for the autonomous actions of foreign investment enterprises to recruit and terminate employment of Chinese nationals.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Employment (Amendment) (No. 2) Ordinance 1988. No. 52.

Adoption: 1988-06-30 | CHN-1988-R-6579

The amendments deal with, inter alia, definitions, termination of a contract without notice, right to long service payment, payment in case of death of the employee and the effects of re-employment after retirement.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Provisional Regulations on the handling of labour disputes in state enterprises [LS 1987 - China 1].

Adoption: 1987-07-31 | Date of entry into force: 1987-08-15 | CHN-1987-R-4764

The Regulations cover disputes in relation to the application of contracts of employment and summary dismissals, layoffs and dismissal for infractions of disciplinary rules (s. 2). If the dispute involves ten or more employees, it shall be considered to be a collective one (s. 4). An employee has recourse to arbitration and/or mediation (s. 5). Ch. 2 specifies the structure and composition of the bodies providing arbitration and mediation services. Ch. 3 lays down the procedures to follow in seeking a resolution to disputes; arbitral decisions may be appealed to the People's Court of Justice (s. 25). Ch. 4 addresses penalties and Ch. 5 contains supplementary provisions. Repealed in 1993.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Employment (Amendment) Ordinance 1987. No. 55/87.

Adoption: 1987-07-10 | CHN-1987-R-3793

Amends ss. 6, 12 and 15(1) of the Employment Ordinance regarding the relationship of the period of maternity leave to the period of notice for termination, and notification of the cessation of pregnancy.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Provisional Regulations on the implementation of the system of contracts of employment in state-run enterprises, issued by the State Council.

Adoption: 1986-07-12 | CHN-1986-R-3175

The 34 sections of these Regulations set forth the manner in which the system of engaging workers under contracts of employment is to be administered. This system is to be applied without exception to workers recruited for regular jobs within the labour and wage quotas set by the Government (s. 2). Workers engaged under such contracts shall enjoy the same rights as those of permanent workers already working in the enterprise in relation to employment and other matters (s. 3). The Regulations set forth the mandatory contents of a contract of employment (s. 8) and govern its amendment, substitution, termination or cancellation (Chap. III). The grounds on which a contract of employment may be terminated by the enterprise or the worker are spelled out (ss. 12-16); the trade union is to be consulted (s. 17). Chap. IV governs benefits of workers engaged under contracts of employment and Chap. VI concerns their retirement benefits. The Regulations also contain administrative provisions (Chaps. VI and VII). Entry into force 1 Oct. 1986.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Provisional Regulations on the dismissal of workers and employees who have violated rules of labour discipline in state-run enterprises, issued by the State Council.

Adoption: 1986-07-12 | Date of entry into force: 1986-10-01 | CHN-1986-R-3176

The Regulations provide that a worker or employee may be dismissed if he or she has engaged in certain acts (set forth herein) and has shown no sign of repentance following education or administrative sanction (s. 2). When an enterprise dismisses a worker or employee, the trade union of the enterprise shall be consulted (s. 3). A dismissed worker may appeal to the local labour dispute arbitration committee and then to the local people's court (s. 5). A certificate of dismissal enables the worker or employee to go to the labour office to register his or her unemployment (s. 4).

China - Employment security, termination of employment - Law, Act

Protection of Wages on Insolvency Ordinance (Chapter 380). -

Adoption: 1985-04-19 | CHN-1985-L-74257

Provides for the establishment of a board to administer the Protection of Wages on Insolvency Fund, and for payment of monies from the Fund to employees whose employers become insolvent.

China - Employment security, termination of employment - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Interim Provisions for Labour and Wage Management in Enterprises in the Special Economic Zones in Guangdong Province.

Adoption: 1981-12-24 | CHN-1981-M-5178

Sets forth requirements for contracts of employment, recruitment, minimum age (16 years or over), working day (8 hours) and week (six days), rest days, health protection, dismissals, etc.

China - Employment security, termination of employment - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Provisions for Labour Management in Chinese-Foreign Joint Ventures.

Adoption: 1980-07-26 | CHN-1980-M-5181

Provisions on contracts of employment, selection, dismissals, discipline and appeals, wage standards, health insurance and resolution of labour disputes.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Employment (Amendment) (No. 3) Ordinance 1974.

Adoption: 1974-08-21 | CHN-1974-R-15193

An Ordinance to amend the Employment Ordinance [LS 1968 - HK 1, 1970 - HK 1]. No. 67. Inter alia, inserts a new Part VA (Severance payments).

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Rules governing Employment and Dismissal of Workers by Factories and Mines promulgated on Dec. 30, 1960

Adoption: 1960-12-30 | CHN-1960-R-37890

The binding forces of written contract of employment is stressed by the Rules. It also provides for payment in the event of dismissal of a worker.

China - Employment security, termination of employment - Regulation, Decree, Ordinance

Rules governing Employment and Dismissal of Workers by Factories and Mines.

Adoption: 1960-12-30 | Date of entry into force: 1960-12-30 | CHN-1960-R-43277

Mines and factories shall provide employees with either fixed-term or non-fixed-term employment contracts. Probation period shall not exceed 40 days. In the event of a dismissal of a worker, severance shall be provided at a specified rate.

China - Employment security, termination of employment - Law, Act

Bankruptcy Ordinance (No. 10 of 1931) (Cap 6, 1950 Ed.). -

Adoption: 1932-01-01 | CHN-1932-L-92916

Section 38 deals with priority of debts and includes debts owed to employees such as wages and redundancy packages.