China employment Services
Hotline: 86-755-82148419, Email:Info@citilinkia.com
Each company need know the PRC Labour Law, the PRC Labour Contract Law, and other laws and regulations issued by the central legislature or government, are generally applicable to the whole of the PRC. There are also local regulations and rules issued by provincial, municipal, and other lower level authorities that are only applicable to relevant local regions.
Article 39 of the PRC Labour Contract Law provides that the employer may also unilaterally terminate a labour contract without any advance notice to the employee when the employee:
• Fails to meet the standards for the job during the probationary period
• Seriously violates the employment rules of the employer
• Is in serious breach of his or her duties, or engages in misconduct that has caused material loss to the employerJSM 3
• Has entered with an employment relationship with another employer which materially aff ects the completion of his tasks with the fi rst-mentioned employer, or the employee refuses to rectify the matter after the same is brought to his attention by the employer
• Concludes the labour contract by means of fraud, threat, force or exploitation or
• Is prosecuted for criminal liability
EMPLOYMENT RELATIONSHIP
The PRC Labour Contract Law states that, where a labour contract is concluded before the date when an employee commences work for an employer, the employment relationship between the parties shall start from the date when the employee commences work for the employer. The legislative intent behind this principle appears to be that while a labour contract would be eff ective after its execution,
if the employee has not actually commenced work pursuant to the contract, no employment relationship is established. Therefore, if the employee breaches the contract and goes to work for another employer, the original employer could sue the employee on a general contractual basis, instead of its capacity as an employer under a labour dispute case.
ATAHK we suggest that In order to validate the employee manual, handbook or other set of work rules and regulations or any decision on major matters directly involving the immediate interest of employees, the employer shall make them public or communicate the same to the employees .
Contact Us
If you have further queries, don’t hesitate to contact ATAHK anytime, anywhere by simply visiting ATAHK’s website www.3737580.net , or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82148419, or emailing to info@citilinkia.com