China’s new Labor Contract Law into Practice


Time: 9:30 (Sat.) March 08.2008

Location: a Carrefour supermarket in Beijing

Scene: Far more than 100 buyers standing impatiently in approx. 25 queues waiting to pay. In each queue, there’s only one cashier busy collecting money. “There utilised to be three cashiers in every single queue and 1 further person helping with packing ! ” some folks complained. “Why doesn’t Carrefour hire a lot more staff?” someone questioned. Every one has to wait averagely 30 minutes before they could pay for what they bought.

Such scene and criticism is not unusual these days.

With reports emerging of mass layoffs preceding its implementation, and factory closures or relocations to less costly jurisdictions afterwards, the newly-efficient Labour Contract Law has drawn criticism from both huge employers, who complain that it adds unreasonable expenses, and from employees, who are disappointed that the Law does not provide as numerous benefits for them as compared to the original draft. Employers are becoming extremely cautious to enhance new staff.

Employment Law – How Can I Make Sure My Employer Has Calculated My Redundancy Pay Correctly?


When an employee is fairly selected for redundancy and are not offered an alternative employment by their employer, or they decide to refuse the give, then they will be entitled to obtain redundancy payments from their employer. There are a number of reasons for becoming made redundant, your function in the company has turn out to be obsolete, or the company is restructuring or moving. To receive redundancy payments an employee should have worked for the firm for a minimum of two years and should not have waived their rights to redundancy pay or signed a compromise agreement earlier in their employment. If you have worked with a firm for much less then two years and you are created redundant, then you will not receive redundancy payments but your should still receive notice pay.

Your employer will pay you your redundancy payments and the responsibility of calculation rests with them as nicely. There is an agreed approach of calculation although, so it is reasonably straightforward for an employee that has been made redundant to hold their former employers to account.

Employment Law – Do I Qualify For Redundancy Payments?


Redundancy is a fair dismissal that is a result of the employer needing to downsize their workforce. This could be due to the fact they are moving the enterprise to less costly website, discontinuing the part of the company that the employee was involved in, employing technology that indicates the employee is not needed or merely want to restructure the business since of debts or low profits.

If an employee has been dismissed for the reasons of redundancy and it cannot be proved that the employer was acting unfairly, then the employee may possibly be eligible to receive redundancy pay. There are some qualifications required for the employee to receive redundancy pay, these are that they have been working for the business for more then two years and should not have been dismissed for misconduct, refused suitable option employment or renounced their redundancy rights earlier in their employment. There is no lower age limit on claimants as lengthy as they fulfil these requirements.

There are general rules for redundancy payments which state that if a person is under 22 years of age they really should receive half a weeks pay for each and every year that they were employed. The quantity goes up a full weeks pay for people aged between 22 and 41, and for those over 41 a full 1 and a half times the full weeks pay. If the organisation that has created men and women redundant can not afford to pay their former employees what they owe them, these workers may go to the Redundancy Payments Office who will fund the payments form the National Insurance Fund. This workplace will also pay redundancy payments if the company that really should be paying them declares bankruptcy.