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China Wronful Dismissal/Unfair Dismissal-employment law and practice

Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of employment, or a statute provision in employment law. It follows that the scope for wrongful dismissal varies according to the terms of the employment contract, and varies by jurisdiction. Note that the absence of a formal contract of employment does not preclude wrongful dismissal in jurisdictions in which a de facto contract is taken to exist by virtue of the employment relationship. Terms of such a contract may include obligations and rights outlined in an employee handbook.

 

China occupational health & safety laws, regulations and requirements

China has industrialised faster than any other country in the world, but the drive towards improving occupational health standards in the country is increasing. Thus, I strongly recommend multinational companies and small business owners pay attention to this as follows,

Occupational health & safety

Safety in the workplace is critical to the success of your business, no matter what size it is. As a small business owner you have responsibilities regarding health and safety in your workplace. Even if you don’t have any employees, you must ensure that your business doesn’t create health and safety problems for your customers and the general public.

 

Tips and rules of overtime salary/wage of China employment law

Some clients sometimes ask me what is Chinese Overtime, and is it legal or not? Well, it's a complicated question and it's even hard to reply for non-employment lawyers. In order to give readers a general picture of Chinese employment law, now I would like to provide you some knowledge regarding Chinese employment law or labor law in connection with overtime wage or salary as following,

China's overtime policies are governed by a labor contract that took effect Jan. 1, 2008. This 98-article contract, titled Labor Contract Law of the People's Republic of China outlines employment categories such as types of contracts and contract obligations, definitions of employment, labor rules and regulations and legal liabilities.

 

What is wrongful or unfair dismissal in China and how to avoid it

Under Chinese Law, any labour dispute, including those of unfair dismissal must initially go to Arbitration. An application for arbitration must be filed within 60 days of the dispute. If either party wants to challenge the arbitral award granted, they must file a lawsuit within 15 days of receipt of the award.

For most foreigners in China, especially newcomers, teaching at a language school is the easiest job to find. It makes money, takes care of their visa and can be a stepping stone to better work.Twenty-four-year-old Leroy Philpotts followed the familiar pattern. The Dutchman, who came to Beijing two years ago, went to work as a trainer at Beijing Wall Street English Training Center last year.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.