The ''Labour Contract Law of the People's Republic of China'' (《中华人民共和国劳动合同法》) is the primary source of
labour law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
in
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
and went into effect on January 1, 2008, following a series of staff-
sacking scandals in many companies. The
is the responsible government department for administrating this law.
The Law
While the enforcement of the law and its efficacity is sometimes questioned, the labor contract law promised to enable workers to get their employment granted only on basis of a contract, provide guidelines for standing working hour regulations of maximum 40 hours per week, non-tolerance for delayed payment of wages, relaxations in terms of paid leave etc.
Amendment
The Standing Committee of the
11th National People's Congress
The 11th National People's Congress () met for a 5-year term, from 2008 to 2013. It held five annual two week plenary sessions during this period. It succeeded the 10th National People's Congress. There were 2,987 deputies elected to the 11t ...
adopted the decision on the Revision of the Labor Contract Law of the People's Republic of China ('Amendment'). The Amendment will take effect July 1, 2013, with the claimed intention to provide better protection to workers employed by labor dispatching agencies.
Highlighted requirements include:
*
Labor dispatch
Dispatched labor refers to an atypical employment relationship. Dispatch work agencies receive requests from businesses to have them hire and manage labor on the business' behalf. This type of labor is known as "dispatched labor". There is in fact ...
agency must have a minimum registered capital of no less than RMB 2,000,000;
* Operate from a permanent business premise with facilities that are suitable to conduct its business;
* have internal dispatch rules that are compliant with the relevant laws and administrative regulations;
* Satisfy other conditions as prescribed by laws and administrative regulations; and
* Apply for an administrative license and obtain approval from the relevant labor authorities.
All
labor dispatch agencies established after July 1, 2013, will need to meet these new local labor law requirements before they can start the company registration process. Existing agencies that are already licensed have until July 1, 2014, to meet all local labor law requirements before renewing their business registration.
['']The National Law Review
''The National Law Review'' is an American law journal, daily legal news website and legal analysis content-aggregating database. In both 2020 and 2021, the National Law Review published over 20,000 legal news articles and experienced an uptick ...
''
See also
* ''
Labour Law of the People's Republic of China
The ''Labour Law of the People's Republic of China'' () is a law of China which has been enforced since 1995. It was promulgated by the Standing Committee of the National People's Congress of China on July 5, 1994, and came into effect on January ...
''
References
External links
Text of the Labor Contract Law of the People's Republic of Chinaincludes supplementary materials
Labor Contract Law - The People's Republic of China Labor Contract Law Study Sitein Chinese
China Enacts New Employment Law Affecting Employers Who Do Not Directly Employ Their Workers
{{Economy of China
Laws of China
Labor relations in China
Chinese labour law