Chapter III Employment Contracts and Collective Agreements Article 21 Labor contracts can stipulate a probationtionary periodwhich shall be not longer than six months. Article 22 The parties to a labor contract can st...Chapter III Employment Contracts and Collective Agreements Article 21 Labor contracts can stipulate a probationtionary periodwhich shall be not longer than six months. Article 22 The parties to a labor contract can stipulate in thecontract such matters as keeping commercial secrets. Article 23 Labor contracts shall be terminated on the展开更多
Chapter X Labor Disputes Article 77 According to law,labor disputes arising be-tween employers and employees may be resolved by meansof mediation.arbitration,litigation and also settlement throughconsultation. The pri...Chapter X Labor Disputes Article 77 According to law,labor disputes arising be-tween employers and employees may be resolved by meansof mediation.arbitration,litigation and also settlement throughconsultation. The principle of mediation shall be applied to arbitrationand litigation procedure. Article 78 In settling labor disputes the principles oflegitimacy,fairness and timeliness shall be followed in展开更多
Chapter Ⅵ Occupational Safety and Health Article 52 Employers shall establish and perfect the laborsafety and health care systems, strictly implement the laborsafety and health care health regulations and standards ...Chapter Ⅵ Occupational Safety and Health Article 52 Employers shall establish and perfect the laborsafety and health care systems, strictly implement the laborsafety and health care health regulations and standards ofthe State, carry out labor safety and health care educationamong their employees and do their best to prevent accidentsat work and reduce workplace hazards.展开更多
Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂s...Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂soft＂ law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge＇s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they havegone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.展开更多
文摘Chapter III Employment Contracts and Collective Agreements Article 21 Labor contracts can stipulate a probationtionary periodwhich shall be not longer than six months. Article 22 The parties to a labor contract can stipulate in thecontract such matters as keeping commercial secrets. Article 23 Labor contracts shall be terminated on the
文摘Chapter X Labor Disputes Article 77 According to law,labor disputes arising be-tween employers and employees may be resolved by meansof mediation.arbitration,litigation and also settlement throughconsultation. The principle of mediation shall be applied to arbitrationand litigation procedure. Article 78 In settling labor disputes the principles oflegitimacy,fairness and timeliness shall be followed in
文摘Chapter Ⅵ Occupational Safety and Health Article 52 Employers shall establish and perfect the laborsafety and health care systems, strictly implement the laborsafety and health care health regulations and standards ofthe State, carry out labor safety and health care educationamong their employees and do their best to prevent accidentsat work and reduce workplace hazards.
文摘Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂soft＂ law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge＇s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they havegone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.
