Most recent post in IP and Law

China Businesscast: China's new labor law, everybody gets tenure

labor.jpg
The new law aims to stop employers from abusing their workers.

A new labor law went into effect on January 1 this year. Law firm Harris and Moure's Steve Dickinson has done extensive blogging about the new law. In this episode, Mr. Dickinson gives us the low-down on the law and its effects on business.

Listen to our discussion on the Labor Law

Subscribe to China Businesscast via Feedburner if you are listening from outside of China or Subscribe to China Businesscast via Feedsky if you are listening from within China.

Executive summary

The law was a government response to increasing public concern that employers were mistreating employees, especially in failure to pay proper wages. The Shanxi slavery scandal was a example of the sorry state of employee rights in China that brought the issue to the forefront of the public's mind.

The law has several components, but the main effects are the requirement that employees have formal term contracts, and that employees can only be terminated with cause. This is the polar opposite of termination at will in the United States.

After two term contracts, the employee must be given an open-ended contract. Combined with termination only with cause, it is comparable to the tenure system in American universities. Critics are calling it a return to the iron rice bowl, when companies were responsible for employees their whole lives.

There has been a tremendous amount of publicity about the law, resulting in widespread general awareness, though the public's understanding is not always accurate. The media coverage seems to be driven by the inherent attractiveness of a story that affects everyone, rather than a government propaganda initiative.

Companies need to beware, as ambitious lawyers are actively looking to make money and a career testing the new law.

Links and Sources
 
More posts in IP and Law
China Businesscast: Indigenous Innovation in China
China Businesscast: China's New Oriental and ETS, a classic IPR case study
Three stories about intellectual property
Cory Doctorow speaking at the Beijing Bookworm
WTO suit brews; China establishes patent centers
Mattel sues China — not the country
US vs. China: pointless IPR-related WTO suit drags on
Limited IPR relief for Nike, Adidas and Hollywood studios
Asia Times: guilty of plagiarism?
China, US getting nowhere fast in the WTO
Fisking The People's Daily
Baidu in the music business?
Shanxi slaves and the Labor Contract Law
China's unfavorable copyright imbalance
Nokia embroiled in "Typo-gate"
Copyright protection for online content
Legislating sexual morality in Guangdong
The blogger's self-discipline pledge
Disney Step Aside, Shijingshan Amusement Park Rules!
Superstitious cadres?
Does the Property Law protect private property?
Software piracy plummets to inconceivably low rate
GAPP newspaper pirates blogger
Chicken parody case goes to court
Can migrant workers face a jury of their peers?
Corruption