Chinese Labour Law

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Employment Law in China

Author : Christopher Hunter
Publisher : CCH Hong Kong Limited
ISBN 13 : 9789881701428
Total Pages : 392 pages
Book Rating : 4.7/5 (14 download)

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Book Synopsis Employment Law in China by : Christopher Hunter

Download or read book Employment Law in China written by Christopher Hunter and published by CCH Hong Kong Limited. This book was released on 2008 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: It’s not easy to find out exactly what you can and can’t do—legally—with the human resources you employ to help run a business in China. That is, unless you have this well informed, insightful, information-packed guide at hand. Although it’s concise and easy to understand, it offers—in clear English-comprehensive, accurate and up-to-date guidance on the best HR practice in China for tackling such crucial (and often tricky) employment issues as: recruitment and induction; the employment contract; benefits, retirement, and tax issues; rules covering expatriate and foreign workers; training and development; industrial relations; dispute resolution; and termination and redundancy. Especially useful in this new edition is its coverage of the recently implemented Labour Contract Law of the PRC, which took effect on 1 January 2008, with its important clarifications in such areas as written contracts and severance pay. Translations of laws, rules, and regulations manifest CCH’s unchallenged standards of accuracy and clarity. Employment Law in China will prove immeasurably valuable to line managers, human resource practitioners, company lawyers and other professionals involved in running day-to-day business operations in China.

Understanding Labor and Employment Law in China

Author : Ronald C. Brown
Publisher : Cambridge University Press
ISBN 13 : 0521191483
Total Pages : 349 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Understanding Labor and Employment Law in China by : Ronald C. Brown

Download or read book Understanding Labor and Employment Law in China written by Ronald C. Brown and published by Cambridge University Press. This book was released on 2010 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a clear overview of the labor and employment law environment in China and its legal requirements.

Labour Law in China

Author : Chen Ke
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501855
Total Pages : 229 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Labour Law in China by : Chen Ke

Download or read book Labour Law in China written by Chen Ke and published by Kluwer Law International B.V.. This book was released on 2018-06-07 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on China not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in China, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Landmark Labor Law Cases in China

Author : Baohua Dong
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041195505
Total Pages : 677 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Landmark Labor Law Cases in China by : Baohua Dong

Download or read book Landmark Labor Law Cases in China written by Baohua Dong and published by Kluwer Law International B.V.. This book was released on 2019-05-20 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Labor Law of the People’s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book provides most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. The first part of the book describes in depth the role of labor law in Chinese society, elaborating on its development and its characteristic features. The cases that follow, each described in minute detail, thoroughly explicate the issues that underlie the dynamic growth of Chinese labor law, such as the following: establishment and identification of the employment relationship; performance, change, dissolution, and termination of the employment contract; determining atypical employment relationships; fiduciary duties; health insurance provisions; work-related injury; labor dispatching service; legal remedies—mediation, arbitration, litigation; labor inspection; legal issues on foreigners’ employment in China; violation of rights to privacy, human dignity, and equal employment; enterprise dissolution or merger; employer’s right to dismissal; economic compensations arising from illegal dismissal; and worker’s damages arising from illegal dissolution of the employment contract. The carefully selected cases span the full range of labor law issues, with perspectives from parties to the action, attorneys, and judicial personnel as well as the editor’s expert analysis of the legal principles, statutes, and case law involved. This English translation of a book published in 2016—the first to focus on labor and employment-related issues in China in a comprehensive way via case law—will help the international community to understand China’s labor law environment and its current achievements. It will prove of immeasurable practical value for practitioners, arbitrators, and academics, as well as for employers and workers with an interest in China.

Law and Fair Work in China

Author : Sean Cooney
Publisher : Routledge
ISBN 13 : 0415674077
Total Pages : 210 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis Law and Fair Work in China by : Sean Cooney

Download or read book Law and Fair Work in China written by Sean Cooney and published by Routledge. This book was released on 2013 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's economic reforms have brought the country both major international clout and widespread domestic prosperity. At the same time, the reforms have led to significant social upheaval, particularly manifest in labour relations. Each year, several thousand disputes break out over working conditions, many of them violent, and the Chinese state has responded with both legal and political strategies. This book investigates how Chinese governments have used law, and other forms of regulation, to govern working conditions and combat labour disputes. Starting from the early years of the Republican period, the book traces the evolution of the law of work in modern China right up to the reforms of the present day. It considers the structure of Chinese work law, drawing on both Chinese and Western scholarship to provide new insights into its unique features and assess where the law is innovative and where it is stagnant and unresponsive. The authors explore the various legal and extra-legal techniques successive Chinese governments have adopted to enforce work law and the responses of firms, workers and organizations to these practices.

Problems in the Implementation of Chinese Human Rights Obligations

Author : Kumiko K. Julie
Publisher : Xlibris Corporation
ISBN 13 : 1450055265
Total Pages : 103 pages
Book Rating : 4.4/5 (5 download)

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Book Synopsis Problems in the Implementation of Chinese Human Rights Obligations by : Kumiko K. Julie

Download or read book Problems in the Implementation of Chinese Human Rights Obligations written by Kumiko K. Julie and published by Xlibris Corporation. This book was released on 2010-03-08 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of the study is to analyze Chinese human rights issues in the implementation of obligations in the fields of Chinese national labor laws and the incorporation of international labor law standards in the domestic legal order. The study has undertaken the ways for China to be qualified minimum obligations of the international labor law standards. Later in the chapters, there will be definitions of applicable international conventions and comparisons to Chinese national legislation. Since China hosted the Beijing Olympics 2008, more doors have opened for China to undertake successful transformation of development strategy and political schema. I would like to clarify the main highlights of this research. The main questions that I will point out during the thesis will be the following: ? How does China fit in the existing framework of guiding responsibility followed by international human rights standards? ? How does the International Covenant of Economic, Social, and Cultural Rights obligate China to implement economic and social rights? ? How does the ratification of ICCPR develop human rights under international human rights law? China has already made various levels of changes since 1970s, and my expectation for China will be that they will continuously and dramatically change in term of improvements within the next fifty years. Economic growth can be made within twenty-five years; however, political, legal, and social implementations may take at least a half century. For China, as one of the Asian nations, historical and cultural backgrounds always follow for most of domestic improvements and implementations.

The level of protection provided by Chinese labour law compared to German labour law

Author : Sergio M Moccia
Publisher : Igel Verlag
ISBN 13 : 3868150455
Total Pages : 101 pages
Book Rating : 4.8/5 (681 download)

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Book Synopsis The level of protection provided by Chinese labour law compared to German labour law by : Sergio M Moccia

Download or read book The level of protection provided by Chinese labour law compared to German labour law written by Sergio M Moccia and published by Igel Verlag. This book was released on 2008-08 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: AsienThis work describes the Chinese Labour Law and traces back the sources of the Chinese Labour Law regulations. In the first section, the German Labour Law and some of the most important clauses are explained. In further sections, the Chinese Labour Law itself and its coherent development, the main landmarks and the similarities to the German Labour Law, with its Romanist Tradition, are reflected. In particular the situation of the unions and their influence on management polices are named. Further more, this work displays the current situation in the Chinese corporate world and its relation towards the Chinese Labour Law. With the elaboration of three chosen cases, this thesis highlights the enforcement level and the core aspects of Chinese Labour Law that are frequently violated within Chinese joint-ventures and their partners from abroad, either from Asian or Western developed nations. In addition, this work focuses on the situation in Taiwan and Hong Kong in respect to their Labour Law systems and gives a brief overview over their core aspects and its future perspective and likelihood to keep its sovereignty under the increasing influence of China mainland. One of the main aspects is discussed in the sections dealing with the New Chinese Labour Law of 2007 and its upcoming implementation on the 1st of January 2008. Issues concerning the development and core improvements are evaluated and precisely explained. Further more, the ramifications and main changes that are likely to emerge in the near future will be discussed. This work will also shed some light on the reactions of the work force in China and multinationals in general. The fears and hopes that go hand in hand with the implementation of the new draft. Last but not least, this work will give proposals and suggestion to German and Western companies how to deal with labour law related issues that are planning to enter this viable and fast growing market. Moreover, it will give an overview over the main aspects in terms of Chinese Labour Law regulations that should be considered in order to establish a successful business in the People’s Republic of China.

Chinese Labour Law

Author : Yan Wang
Publisher : Springer Nature
ISBN 13 : 9811681015
Total Pages : 315 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Chinese Labour Law by : Yan Wang

Download or read book Chinese Labour Law written by Yan Wang and published by Springer Nature. This book was released on 2021-11-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.

Labor Law in China

Author : Zengyi Xie
Publisher : Springer
ISBN 13 : 3662469294
Total Pages : 151 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Labor Law in China by : Zengyi Xie

Download or read book Labor Law in China written by Zengyi Xie and published by Springer. This book was released on 2015-05-26 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.

The Sources of Labour Law

Author : Tamás Gyulavári
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502045
Total Pages : 608 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Sources of Labour Law by : Tamás Gyulavári

Download or read book The Sources of Labour Law written by Tamás Gyulavári and published by Kluwer Law International B.V.. This book was released on 2019-12-06 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

Landmark Labor Law Cases in China

Author : Baohua Dong
Publisher : Kluwer Law International
ISBN 13 : 9789041195494
Total Pages : 0 pages
Book Rating : 4.1/5 (954 download)

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Book Synopsis Landmark Labor Law Cases in China by : Baohua Dong

Download or read book Landmark Labor Law Cases in China written by Baohua Dong and published by Kluwer Law International. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Landmark Labor Law Cases in China' provides the most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. Each case has its own special features involving different legal problems and covering common issues in the existing labor law system of China. The Labor Law of the People?s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book addresses the most pressing challenges, particularly, the complexity and variability of the legal system concerning labor and employment in China.

China and ILO Fundamental Principles and Rights at Work

Author : Virginia Brás Gomes
Publisher :
ISBN 13 : 9789041149848
Total Pages : 0 pages
Book Rating : 4.1/5 (498 download)

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Book Synopsis China and ILO Fundamental Principles and Rights at Work by : Virginia Brás Gomes

Download or read book China and ILO Fundamental Principles and Rights at Work written by Virginia Brás Gomes and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although China is not new to labour law - it was among the founders of the International Labour Organisation (ILO) in 1919 - labour conditions in China today are the subject of concern to observers both inside China and in the international community. In response, China has devoted much attention recently to reforming its labour law system, a process driven by a political reorientation towards labour protection in the context of economic globalization. However, labour disputes and labour unrest continue to proliferate. Using as its starting point an international research seminar held at Helsinki University in January 2013, this volume gathers a remarkable array of academic perspectives on China and its legal system by scholars from China, the United States, and Europe into a stimulating and unique combination of commentary and analysis of the challenges relating to implementation of fundamental labour rights as spelled out in the landmark 1998 ILO Declaration on Fundamental Principles and Rights at Work in the Chinese setting. Importantly, the analysis fully takes into account action in relation to the promotion of labour rights by not only the Chinese government but local governmental authorities, trade unions, enterprises, and other actors. Each author focuses on a different aspect of how these fundamental labour rights operate in the Chinese legal environment and the kinds of obstacles met in their protection. Among the issues that arise are the following: gaps between ILO conventions and Chinese national laws occurring in the transformation of international obligations into domestic laws; how parties to a labour dispute cases may invoke ILO conventions before courts or administrative authorities; market obstacles caused by linking trade with observance of labour standards; the trade union rights framework in China; bottom-up pressures from workers' collective action; conflicts between Chinese state-owned enterprises and their employees; complications in informal employment labour relations; the growing divide between statute law and legal practice; implementation of the anti-discrimination law; discrimination due to China's household registration system; and corporate social responsibility. Many of the challenges relating to implementation of fundamental labour rights discussed in this volume can be considered common to many countries. The book offers new research questions and a wider scope of analysis, and also provides new tools for discussion regarding the promotion of fundamental labour rights.

The Right to Work in China

Author : Haina Lu
Publisher :
ISBN 13 : 9789400001916
Total Pages : 0 pages
Book Rating : 4.0/5 (19 download)

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Book Synopsis The Right to Work in China by : Haina Lu

Download or read book The Right to Work in China written by Haina Lu and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From an international law perspective, this book examines the legislative protection of the right to work in China. As a human right, the right to work is an understudied subject, so is its national protection in China. The book conducts a systematic and comprehensive exploration on the content and State obligations regarding the right to work in international law, including both international human rights law and international labor law. It also examines the latest developments in China's legislation, especially labor law, in the light of clarified international standards. The book analyzes the implications of the Chinese experiences for the international human rights system.

Fundamental Labour Rights in China - Legal Implementation and Cultural Logic

Author : Ulla Liukkunen
Publisher : Springer
ISBN 13 : 3319231561
Total Pages : 269 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Fundamental Labour Rights in China - Legal Implementation and Cultural Logic by : Ulla Liukkunen

Download or read book Fundamental Labour Rights in China - Legal Implementation and Cultural Logic written by Ulla Liukkunen and published by Springer. This book was released on 2015-12-12 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China’s domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.

Labour Law in China

Author : Ke Chen
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403547308
Total Pages : 224 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Labour Law in China by : Ke Chen

Download or read book Labour Law in China written by Ke Chen and published by Kluwer Law International B.V.. This book was released on 2022-05-20 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on China not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in China, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Against the Law

Author : Ching Kwan Lee
Publisher : Univ of California Press
ISBN 13 : 0520250974
Total Pages : 340 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Against the Law by : Ching Kwan Lee

Download or read book Against the Law written by Ching Kwan Lee and published by Univ of California Press. This book was released on 2007-06-07 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher description

The China Employment Law Guide

Author : Grace Yang
Publisher : TCKPublishing.com
ISBN 13 : 9781631610417
Total Pages : 208 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis The China Employment Law Guide by : Grace Yang

Download or read book The China Employment Law Guide written by Grace Yang and published by TCKPublishing.com. This book was released on 2017-08-15 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The China Employment Law Guide addresses various key China labor and employment issues all employers (especially foreign companies doing business in China) and employees (especially expats seeking a job or working in China) need to address or understand. It provides practical and easy-to-understand answers to China labor and employment questions from hiring through firing and nearly all things in between. For example, it addresses the issues China employers constantly confront on matters ranging from what they need to consider in drafting their employment contracts, what should go into a China-centric employer set of rules and regulations and why such a document is essential at all, how to hire, how to fire, overtime, vacation time, pregnancy leave, probation terms, employee benefits, and even lifetime employment. Perhaps most importantly, it confronts head on the many myths Western companies have about China employment laws and discusses how those myths can cause so many problems. This book consists mostly of blog posts and articles my colleagues and I have authored over the years on our award-winning China Law Blog. We do our best to make these articles (and this book) as concise and readable as possible because to provide our readers with accessible legal and practical answers that work in the real world. Unless absolutely necessary, this means we do not go into the weeds in citing and explaining China's employment rules and regulations, but we instead lay out clear paths forward for dealing with real-life employment law issues and problems. China's labor and employment laws are complex and local and constantly evolving, and so in many cases, we write not so much to provide the right answers for your specific situation, but to arm you with the right questions you must ask to get the right answers.