Guide The Regulatory Process and Labor Earnings

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Overtime generally cannot exceed one hour a day. In special circumstances, overtime can be up to three hours a day, but it cannot exceed 36 hours a month. Under the Labour Law, it is possible to extend working hours in certain circumstances without the aforementioned constraints in the event of:. These records must be saved for more than two years for future reference.

When paying wages, employers must provide employees with a list of their earnings to date.

Under the Labour Law, employees should not be discriminated against due to their ethnicity, race, gender or religious beliefs. Discrimination against disabled persons is prohibited. The government must guarantee the employment rights of disabled persons and make an overall plan at all levels regarding the employment of disabled persons in order to create suitable employment conditions for such persons.

Employers cannot discriminate against disabled persons during the employment process. Gender discrimination is prohibited.

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The government must ensure that women enjoy equal labour rights to men. Employers cannot refuse to recruit women or increase the thresholds for recruiting women based on gender, unless the job in question has been classified as unsuitable for women. Where employers recruit female employees, the employment contract cannot restrict female employees from getting married or bearing children. Under Article 12 of the Labour Law, employees should not be discriminated against because of ethnicity, race, gender or religious beliefs.

Regulatory legislation, unions, and labor market earnings | Emerald Insight

Health-based discrimination is prohibited and employers cannot refuse to recruit candidates for being infectious pathogen carriers. However, infectious pathogen carriers and suspected infectious pathogen carriers who have been verified by doctors will be prohibited from working while awaiting treatment or medical clearance due to the likelihood of them spreading the infectious disease in question. Discrimination based on domicile is prohibited.

Rural employees who travel to cities in search of employment must enjoy equal labour rights to those of urban employees. Family leave does not apply to all types of employer. Employees who do not live with their parents and cannot meet with them on public holidays are also entitled to leave to visit them. However, employees who can meet with one of their parents on a public holiday are not entitled to this benefit. Employees on sick leave are entitled to a sickness subsidy.

The Law on the Protection of Rights and Interests of Women clearly prohibits sexual harassment against women.


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Sexual harassment may result in an administrative punishment and civil damages. There are no special rules concerning off-duty conduct. However, an employee will likely breach his or her employment contract and be terminated if he or she:.

There are no special provisions concerning the protection of social media passwords or the monitoring of employee social media accounts. The right to apply for patenting a service invention remains with the employer, which — after the application has been approved — will be the patentee. The Copyright Law stipulates that where a work is created according to the intention and under the supervision and responsibility of a legal entity or another organisation, such legal entity or organisation will be the author of said work.

The Copyright Law also stipulates that a work created by a citizen when fulfilling the tasks assigned to him or her by a legal entity or another organisation will be deemed to be a service work. The copyright of such a work will be enjoyed by the author, but the legal entity or organisation has a priority right to exploit the work within the scope of its professional activities. In the following cases, the author of a service work will enjoy the right of authorship, while the legal entity or organisation will enjoy other rights included in the copyright and may reward the author with:.

Restrictive covenants regarding confidentiality, non-compete clauses and IP rights protection are generally recognised and enforceable. The Labour Contract Law clearly stipulates that employers which require an employee to maintain their commercial secrets:. An employee who breaches a non-compete clause will be liable to the employer according to the terms of the clause. Are there specific laws on the procedures employers must follow with regard to discipline and grievance procedures? Under the Labour Contract Law, employers must discuss with affected employees the formulation, revision or implementation of rules or major matters concerning their vital interests, including with regard to:.

The employer must then carry out discussions with the trade union or employee representatives before making any changes. During the decision-making process and the subsequent implementation of rules, the trade union or staff will have the right to raise any concerns with the employer and such concerns must be addressed and remedied through negotiation. Employers must notify employees of any decisions which will directly affect employees' vital interests. Although China has not previously been heavily unionised, in recent years the All-China Federation of Trade Unions has actively sought the establishment of trade unions at the enterprise level and, as such, an increasing number of unions have been established.

These unions are all members of the federation. The Trade Union Law stipulates that a basic-level trade union committee should be set up in enterprises, institutions or government departments, if there are 25 or more employees. If there are fewer than 25 employees:. If the number of female employees is relatively high, a trade union committee for female employees may be established under the leadership of the equivalent level trade union.

Impartiality – Credibility – Service

If the number of female employees is relatively low, female employee members may be included in the trade union committee. Towns, townships and urban districts with a relatively high number of enterprise employees may establish an association of basic-level trade unions. A locality at the county level or above must establish a local all-level federation of trade unions.

Several enterprises in the same industry or in industries of a similar nature may establish a national or local industry-specific trade union, depending on their requirements.

Introduction to the Regulatory Process Working Group

According to the Labour Contract Law, enterprise employees and their employer may conclude a collective contract on the following matters through negotiations:. A draft collective contract must be submitted to the employee representatives congress or to all the employees for discussion and adoption. A collective contract must be concluded between the trade union representing employees and their employer.

Where an employer has not established a trade union, the higher-level trade union will guide the representatives elected by the employees to conclude a collective contract with the employer. Under the Regulations for Collective Contracts, when conducting a collective negotiation and agreeing on a general or special collective contract, parties must:. The employer may carry out retrenchment after reporting the retrenchment scheme to the labour administrative authorities. If an employer rehires employees within six months of carrying out retrenchment, it must notify the retrenched personnel, whose employment under the same conditions must be prioritised.

Subject to limited exceptions, economic damages will be paid to dismissed workers based on their years of service and are generally calculated as one month's wage for each completed year of service. Where the period of service is between six months and one year, it will be deemed a completed year of service. Where the period of service is less than six months, the employer must pay half a month's wage to the worker in economic damages.

The years of service for which economic damages will be paid cannot exceed 12 years. In addition, where an employer rescinds or terminates a employment contract in violation of the Labour Contract Law and the worker asks for the employment contract to be continued, the employer must continue the contract.

Where the worker does not ask for the employment contract to be continued or where it cannot be continued, the employer must pay compensation pursuant to the above criteria. The Labour Dispute Mediation and Arbitration Law provides that a labour dispute arbitral commission will be responsible for labour disputes that occur in its jurisdiction. Please note you might not have access to this content. You may be able to access this content by login via Shibboleth, Open Athens or with your Emerald account.

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Wage & Hour Division

Rent from Deepdyve. Share feedback. In the first 90 days of the congressional session, the House and Senate used Congressional Review Act CRA resolutions—which provide for a quick process to overrule recent regulations—to overturn 14 Obama-era rules. Recordkeeping is about more than paperwork. Workers who could have been saved from preventable accidents on the job will have to pay the price with their health or even their lives.

The history of the rule is as follows: Since the early s, the Occupational Safety and Health Administration has required many employers to keep careful records of workplace injuries and illnesses and to maintain those records for five years. But in , the D.