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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.
'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.
"... draws on court documents, surveys, social media posts, and media reports to detail the various forms of pregnancy-related discrimination women have experienced during the two-child policy era."--Publisher website.
Innovative analysis projects, for the first time in such depth, the mixture of public and private regulation - both substantive and procedural - that characterizes employment relations virtually everywhere in the world today. The book's detailed discussions of ILO and EU measures deal not with these organizations' rules in themselves, but with the ways these organizations regulate private entities, because such regulations mark the limits and possibilities of labour action by multinationals.
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken in 2016 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
This collection of essays by leading scholars from Japan, China, South Korea, and the United States examines how and why bitter historical memories have resurfaced in recent years as freshly virulent and contentious issues between Japan and its neighbors—especially China and South Korea. Moreover, it seeks to identify what set of conditions and what sequence of measures will enable these modern nations to manage, palliate, and exorcise the wrongs of the past in a spirit of reconciliation, so that the dangerous growth of nationalist resentments and revanchism can be checked. Comfort women ... the Yasukuni Shrine ... the history textbook controversies ... The single sorest issue confronting East Asia today is the growing animosity and conflict between Japan and its neighbors—especially China and South Korea—over their respective and collective memories of Japan's pre-1945 militaristic aggression, oppression, and atrocities. Even as East Asia has established itself as one of the most vibrant economic regions of the world, the strident nationalisms that have emerged here in the post-Cold War period have exacerbated historical grievances and heightened the international tensions that separate Japan from China and South Korea, blocking the development of an international system based on comity and cooperation.