Labor Law in China Progress and Challenges

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.

Foreword.- The Meaning of Labor Relations and Definition of the Employee and Employer.- The Fundamental Duties  of  the Employer and Employee.- Anti-Discrimination Law in the Workplace.- Anti-Discrimination Against Disability and the Quota System for the Disabled.- Legal Regulation on Labor Dispatch.- Minimum Wage System.- Termination of Labor Contracts.- Work Injury Insurance.- Labor Inspection and the Liability of the Employer.- Labor Dispute Resolution.

XIE Zengyi, LLM (Renmin), PHD (Tsinghua), is an associate professor in the Institute of Law, Chinese Academy of Social Sciences; he is also the Director of Department of Research Administration and International Cooperation of this Institute. He was a visiting scholar in Oxford (2006), Columbia (2007), Harvard (2007) and Helsinki (2013). Prof. Xie's major research area is labor law, social security law and commercial law. He is the member of the Academic Committee and Deputy Secretary General of China Labor and Social Law Association, and a part-time arbitrator in Beijing Labor Dispute Arbitration Commission. From 2013, he has been a project expert on labor and social security law invited by Asian Development Bank. From 2014 he has been appointed as a member of the Legal Advisory Committee of All-China Federation of Trade Unions (ACFTU). Prof. Xie is the author of two books: Conflict of Interests in Demutualized Stock Exchanges (2007), and Rethinking China's Labor Law, a Comparative Approach (2011). He has also published over 30 articles on labor law, social security law and commercial law in the key journals including the top legal journals in China, like Chinese Journal of Law, Chinese Legal Science. He has made a lot of presentation in Chinese and English in many high level seminars on labor law and social security law. He has finished several papers in English which includes, “New Developments in Anti-discrimination in the Workplace in China: Law and Practice,”in Ulla Liukkunen and Chen Yifeng(eds.): “China and ILO Fundamental Principles and Rights at Work”(Bulletin of Comparative Labour Relations), Kluwer Law International, 2014. Two other English papers by XIE are under editing and will probably be published in 2015. In 2014, due to Professor Xie’s accomplishment, he won the Nomination Award of the 7th National “Ten Outstanding Young Jurists in China”. He is the youngest recipient of this award.