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Thread: How do you interpret China’s New Labour Law?

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[quote=JIMMYB,265833]Quote: Article 14 gives rights to employees who have worked for an organisation for ten years or have had two previous fixed term contracts. They are entitled to open ended contracts and retrenchment/severance benefits. There are other resatrictions too (article 41 for example)

Therefore some employers may have sacked staff before the new law came into effect to avoid this regulation.

Agree! That is the reason why those employers sack their staff. Huawei spent 1 billion yuan to encourage their staff resign just out of this reason.

Paul, those worker-oriented articles are hard to implement. Take overtime working for example. In the south of China, working overtime is very usual and the workers don't get extra payment. According to the law, the workers are sure to get extra payment for working overtime. Annual vacation holiday with pay is another example to illustrate this. The state regulations say that workers have the right to enjoy their annual vacation holiday with pay. But actually they daren't enjoy their rights. Why? They are afraid of being sacked. They know the labour law but daren't sue their employers and it is the reason why your net friend don't use the law to protect her interests.

Quote: Does the law apply to foreign workers too?

Paul, not all foreign workers are protected by the law. The law only applies to those who have established labour relations with their companies. On the other hand, those foreign workers should finish all procedures required by the law. Otherwise, the law can not  protect him or her. 
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