中国劳动用工法律精要
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库存3件
四川成都
认证卖家担保交易快速发货售后保障
作者陆敬波 著
出版社中国法律图书有限公司
ISBN9787519716424
出版时间2017-11
装帧平装
开本16开
定价68元
货号1201615405
上书时间2024-06-29
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目录
Table of Content
Chapter 1Overview
1.1Brief History of Chinas Labor and Employment Law
1.1.1Prehistory of Chinas Labor and Employment Law
1.1.2Labor and Employment Law in the Modern China
1.1.3Labor and Employment Law during the Transition Period of the New PRC
1.1.4Labor and Employment Law toward the Contemporary China
1.2Framework of Chinas Labor and Employment Law System
1.2.1Levels of Chinas Labor and Employment Law
1.2.2Sections of Chinas Labor and Employment Law
1.3Main Features of Chinas Labor and Employment Law System
1.3.1Close Connection with the Politics
1.3.2Enormous, Diversified and Convoluted Contents
1.3.3Increasingly Important Local Judi Documents and Typical Cases
Chapter 2Employment Contract
2.1Introduction
2.2Employer and Employee
2.2.1Scope of Employer
2.2.2Identification of Employer
2.2.3Qualifications for Employee
2.3Identification of Employment Relationship
2.3.1Characteristics of Employment Relationship
2.3.2Evidences for Employment Relationship
2.3.3How to Identify an Employment Relationship
2.4Work Rules and Regulations of Employer
2.4.1Nature of Work Rules
2.4.2Two Types of Work Rules
2.4.3Legality of Contents of Work Rules
2.4.4Procedures of Formulation and Modification of Work Rules
2.4.5Relation between Work Rules and Employment Contract
2.5Establishment of Employment Contract
2.5.1Right to Know of both Parties
2.5.2Requirements for Written Form
2.5.3De facto Employment Relationship
2.5.4Required Clauses of Employment Contract
2.5.5Three Types of Employment Contract
2.6Open Ended Employment Contract
2.6.1Circumstances under which an Open Ended Employment Contract must be Established
2.6.210 Consecutive Years of Service with the Same Employer
2.6.3Two Consecutive Fixed Term Employment Contract with the Same Employer
2.6.4Legal Liability for Failing to Establish an Open Ended Employment Contract
2.6.5How to Establish an Open Ended Employment Contract
2.7Probation Period
2.7.1Application of Probation Period
2.7.2Times of Probation Period
2.7.3Length of Probation Period
2.7.4Suspension of Probation Period
2.7.5Wage during Probation Period
2.7.6Resignation and Dismissal during Probation Period
2.8Term of Service
2.8.1Conditions for Setting a Term of Service
2.8.2Breach of Term of Service
2.8.3Liquidated Damages
2.8.4Relation between Term of Service and Term of Employment Contract
2.9Non Competition Agreement
2.9.1Employees Suitable for Non Competition Agreement
2.9.2The Scope, Term and Area of Non Competition
2.9.3Economic Compensation for Non Competition
2.9.4Dissolution of Non Competition Agreement
2.9.5Responsibility for Breach of Agreement
2.10Invalidity of Employment Contract
2.10.1Three Circumstances causing Invalidity
2.10.2Ways to Determine Invalidity
2.10.3Legal Consequences of Invalidity
2.11Performance and Modification of Employment Contract
2.11.1Full Performance of Employment Contract
2.11.2Merger and Separation of Employer and Change of Employers Name, Legal Representative, Key Person in Charge and Investors
2.11.3Identification of Modification of Employment Contract
2.11.4How to Modify an Employment Contract
2.12Dissolution of Employment Contract by Employee
2.12.1Distinction between Dissolution and Termination of Employment Contract
2.12.2Two Types of Dissolution by Employee
2.12.3Immediate Dissolution by Employee
2.12.4AdvanceNotice of Dissolution by Employee
2.12.5Liabilities for Unlawful Dissolution by Employee
2.13Immediate Dissolution of Employment Contract by Employer
2.13.1Three Types of Dissolution of Employment Contract by Employer
2.13.2Circumstances for Immediate Dissolution by Employer
2.13.3Procedures of Immediate Dissolution by Employer
2.13.4Nature of Immediate Dissolution by Employer
2.14Advance Notice Dissolution of Employment Contract by Employer
2.14.1Circumstances for Advance Notice Dissolution by Employer
2.14.2Procedures of Advance Notice Dissolution by Employer
2.14.3Exceptions to Advance Notice Dissolution by Employer
2.15Economic Lay off by Employer
2.15.1Circumstances for Lay off by Employer
2.15.2Conditions for Lay off by Employer
2.15.3Procedures of Lay off by Employer
2.15.4Protections in Lay off by Employer
2.16Dissolution of Employment Contract by Mutual Agreement
2.16.1Two Types of Dissolution of Employment Contract by Mutual Agreement
2.16.2Application Scope of Dissolution by Mutual Agreement
2.16.3Requirements on Dissolution by Mutual Agreement
2.17Termination of Employment Contract
2.17.1Circumstances for Termination of Employment Contract
2.17.2Exceptions to Termination of Employment Contract
2.17.3Terminations with Severance Pay
2.18Collateral Obligations for Dissolution and Termination of Employment Contract
2.18.1Certificate of Dissolution or Termination of Employment Contract
2.18.2Transfer of Employees Archives and So Insurance Relationship
2.18.3Handover of Work
2.19Severance Pay
2.19.1Scope of Application of Severance Pay
2.19.2General Standard of Severance Pay
2.19.3Spe Standard of Severance Pay
2.19.4Payment of Severance Pay
2.20Unlawful Dissolution and Termination of Employment Contract
2.20.1Identification of Unlawful Dissolution or Termination of Employment Contract
2.20.2Remedy for Unlawful Dissolution or Termination
2.21Labor Dispatch
2.21.1Labor Dispatch vs. Outsourcing
2.21.2Requirements for Establishment of Dispatching Entity
2.21.3Scope of Application of Labor Dispatch
2.21.4Employment Contract and Dispatch Agreement
2.21.5Employment Relationship between Dispatched Employee and Accepting Entity
2.21.6Return of Dispatched Employee
2.22Part Time Employment
2.22.1Definition of Part Time Employment
2.22.2Establishment of Part Time Employment Contract
2.22.3Payment for Part Time Employee
2.22.4Termination of Part Time Employment
Chapter 3Wage
3.1Introduction
3.2Definition of Wage
3.2.1Nature of Wage
3.2.2Basic Principles of Wage Legislation
3.2.3Components of Wage
3.3Minimum Wage and So Average Wage
3.3.1Definition of Minimum Wage
3.3.2Income Excluded from the Minimum Wage
3.3.3Determination of Minimum Wage
3.3.4Standard of Minimum Wage and So Average Wage
3.4Overtime Wage
3.4.1Cardinal Number for Calculation of Overtime Wage
3.4.2Rates for Calculation of Overtime Wage
3.5Determination and Adjustment of Wage
3.5.1Determination of Wage
3.5.2Adjustment of Wage
3.5.3Wages
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