Seven interesting facts about Chinese employment law
How does China's public policy of encouraging later childbirth and small families affect maternity rights? What are Chinese equal opportunities laws like? What's the statutory holiday entitlement in China? HR professionals working for global organisations with interests in China can find the answers to these questions and more in the new guide to employment law in China that has been added to XpertHR International.
We have set out below seven surprising features of Chinese employment law:
- Employers are obliged to employ a quota of people with disabilities, in appropriate types of job (see Employment quota for people with disabilities).
- The representative office in China of a foreign company cannot directly recruit a Chinese citizen (see Recruitment - general and Seconded workers).
- Statutory annual leave entitlement for employees is very low (see Holiday and holiday pay).
- In many cases, legislation at provincial, regional or municipal level gives women a right to additional maternity leave if they have their first child after the age of 24 (this forms part of public policy to encourage later childbirth and small families) (see Maternity and pregnancy rights).
- Fixed-term contracts are the most common form of employment relationship in China (see Fixed-term workers and Types of contract).
- The transfer of a business or part of a business does not automatically entail the transfer of the employees concerned from the transferor to the transferee (see Transfers of undertakings).
- Legislative provisions on equal opportunities and discrimination in employment are rather general, lacking in detail and hard to enforce (see Equal opportunities).