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China Labor & Employment Lawyer

Beijing Employment lawyer, Beijing Labor Lawyer

On one level, the outcome of an employment lawsuit related to discrimination, civil rights, sexual harassment or similar issues is very political because it deals with the natural power disparities that exist between employers and employees. On a human level, the outcome means a great deal more. As Beijing employment lawyer, we serve both foreign nationals and foreign invested companies in Beijing. Our Beijing labor lawyer frequently represent our clients at trial court and appeal court in China.

Our employment law lawyers work on both.

Our Beijing employment lawyer is a nationally recognized leader in the area of employment law. Over the last two decades, we have established ourselves among as one of the leading alternative dispute resolution and litigation firms in the Beijing area.

Employment Law Lawyers

Our Beijing employment lawyer's commitment to the principles of justice in the workplace has led to precedent-setting decisions by many courts, a number of highly publicized verdicts and settlements, and even new legislation in Nassau County regarding discrimination based on sexual orientation. And while we are proud of these accomplishments, our most important accomplishments come on behalf of the individual clients themselves.

 

Shanghai Employment Lawyer, Shanghai Labor Lawyer

Employment Law: Clients

Our Shanghai employment lawyer has represented companies as well as individuals in employment disputes before the Shanghai Commission of Employment Arbitration, in trial court and in appeal court. Our Shanghai labor lawyer defended a University in a case alleging sex and age discrimination following layoffs at a Medical School. Our Shanghai lawyer defended a Fortune 500 Company in a case alleging wrongful termination and an implied contract. The law firm’s employment lawyers represented a Senior Vice President of a Fortune 25 company who lost the opportunity to become CEO of another Fortune 25 Company after having been falsely promised that he was the only internal candidate to become CEO of the Company for which he worked; the firm successfully settled the matter prior to the commencement of litigation.  In addition, the law firm has represented countless senior executives, sales people and support staff in cases involving wrongful terminations, severance agreements, claims for unpaid commissions, discrimination and non-compete agreements.

Severance Agreements

With the recent downturn in the economy, virtually each and every week brings numerous calls into the office from persons seeking assistance negotiating severance agreements and seeking to determine whether they might have a viable wrongful termination case.  Typically, after several hours of work, Our Shanghai employment lawyer are able to advise such persons regarding what, if anything, can be done, to help them maximize their potential benefits from their situation.

 

China Occupational health law and workplace safety law

There are four main source of China occupational health law and China workplace safety law. Our China employment lawyer summarized the four course of laws hereunder:

1. China Labor Law

This is the most important source law regulating China employment relationship. Part of the text of this law you can see below:

Chapter VI Occupational Safety and Health

Article 52 The employing unit must establish and perfect the system for occupational safety and health, strictly implement the rules and standards of the State on occupational safety and health, educate labourers on occupational safety and health, prevent accidents in the process of work, and reduce occupational hazards.

Article 53 Facilities of occupational safety and health must meet the standards stipulated by the State.
Facilities of occupational safety and health installed in new projects and projects to be rebuilt or expanded must be designed, constructed and put into operation and use at the same time as the main projects.

Article 54 The employing unit must provide labourers with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labour protection, and providing regular health examination for labourers engaged in work with occupational hazards.

Article 55 Labourers to be engaged in specialized operations must receive specialized training and acquire qualifications for such special operations.

Article 56 Labourers must strictly abide by rules of safe operation in the process of their work.
Labourers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation of rules and regulations or force laburers to run risks in operation; labourers shall have the right to criticize, report or file charges against the acts endangering the safety of their life and health.

Article 57 The State shall establish a system for the statistics, reports and dispositions of accidents of injuries and deaths, and cases of occupational diseases. The labour administrative departments and other relevant departments of the people's governments at or above the county level and the employing unit shall, according to law, compile statistics, report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases.

2. China Labour Contract Law

Article 32 Employees shall not be held in breach of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by management staff of the Employer.
Employees have the right to criticize, report to the authorities or lodge accusations against their Employers in respect of working conditions that endanger their lives or health.

3. China Occupational Health Law

The full text of this law you can see here.

4. China Workplace Safety Law

The full text of this law you can see here.

Please credit the source of this article which created by our China labor lawyer at this website.

 

China occupational safety law - China workplace safety law

The text of China Workplace Safety Law is translated by our China labor lawyer. We will discuss the China Workplace Safety Law together with China Occupational Health Law in a single article. Please leave comment if you have any though.

Safe Production Law of the People’s Republic of China

Decree No. 70 of the Chairman of the People’s Republic of China

Promulgation Date:  29th June     2002

Effective Date:    1st November  2002

Promulgated by:  The Ninth National People’s Congress


Table of Contents

Chapter I. General Principles
Chapter II. Production Safety Guaranties for Production Operation Units
Chapter III. The Rights and Obligations of the Employees  
Chapter IV The Supervision and Administration of Production Safety
Chapter V Emergency Rescue for an Accident and Its Investigation and Disposal
Chapter VI Legal Liability
Chapter VII Supplementary Rules

Chapter I General Principles

Article 1    In order to strengthen the supervision and administration of production safety, to prevent and reduce the accidents, to guarantee the people’s life and property safety, and to promote the economic development, this  law is hereby enacted.

Article 2     This Law shall apply to the production safety involving the units engaged in production operations within the territory of the People’s Republic of China (hereinafter referred to as the “production operation units”). The relevant laws and administrative regulations concerning fire protection safety, road traffic safety, railway traffic safety, marine traffic safety and civil aviation safety shall also apply if available.

Article 3     The administration of production safety shall comply with the guideline of “safety and precaution first.”

Article 4     Production operation units shall abide by this Law, other laws and administrative regulations on production safety, strengthen the control over production safety, establish and perfect liability system of production safety, improve safety conditions, and ensure production safety.

 

China Occupational Health Law

The following is text of the main China occupational health law. It is translated by our China employment lawyer. We will discuss China occupational health and safety law in a different article.

Code of Occupational Disease Prevention of PRC

No. 60 Order by President of PRC

The Code of Occupational Disease Prevention of PRC, adopted in the 24th Session of the Standing Committee of the Ninth People's Congress on October 27, 2001, is now promulgated for enforcement from May 1, 2002.

Jiang Zemin, President of PRC

October 27, 2001

Code of Occupational Disease Prevention of PRC

(Adopted in the 24th Session of the Standing Committee of the Ninth People's Congress on October 27, 2001)

Content

Chapter 1 General

Chapter 2 Proactive prevention

Chapter 3 Prevention and Management of Occupational Diseases in the Work

Chapter 4 Occupational Disease Diagnosis and Safeguard for Occupational Disease Victims

Chapter 5 Supervision and Inspection

Chapter 6 Legal Liability

Chapter 7 Supplement

Chapter 1 General

 
Page 3 of 7
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