V. Termination and ‘Layoffs’1. Under what circumstances can an employee be terminated without notice?
An employer may terminate an employee without requirement for notice in the following situations:
- during the probation period, if the employee is determined to be unfit for the position;
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I. Employment Law Legislation1. What legislation governs employment law in China?
Employment law in China is governed by a relatively comprehensive set of laws, more recently supplemented in late 2007 to strengthen workers’ rights.
Major laws include:
- Labour Law of the People’s Republic of China (1994) (“Labour Law”)
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To maintain the exclusive rights to IP, an organization must have the mechanisms in place to guarantee continued protection.
First of all, someone must ensure that registered IP rights maintain their validity. Trademarks are registered for 10 years at a time, thus registrations should be extended before the ending of such a validity period. Failure to do so will result in the loss of all exclusive rights to the trademark …
The continued pervasiveness of counterfeiting in China is not only a problem of law, but also one of enforcement. While China’s laws and regulations conform to the agreement on trade-related aspects of intellectual property rights (TRIPS) and other widely accepted international principles, certain parts of China’s protection mechanism have proven ineffective. Common examples are the high standards for criminal liability of counterfeiters, the high burden of evidence to prove bad faith registrations, and the difficulty to prove damages in civil proceedings…
By Han Dongfang
Collective labour contracts have been developed and promoted by the Chinese government and the All-China Federation of Trade Unions (ACFTU) since the mid-1990s. Thus far, however, because of the lack of genuine worker participation in the contract negotiations, they have brought only limited benefit to China’s workers.
CLB believes free collective bargaining should be introduced into the collective contracts negotiating process as a means of not only protecting workers’ rights and interests but of also improving labour-management relations. Given the widespread abuse of workers’ rights and the often severe tensions that exist between labour and management in China today, there is now an increasingly urgent need to promote greater worker involvement in this process. Read the rest of “Breaking the Impasse: Promoting Worker Involvement in the Collective Bargaining and Contracts Process” or post a comment
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