Rule of law in China
If you need a concrete sign that the rule of law is becoming reality in China, here it is.However, we might call it the rule of lawsuit. It's a way of making everyone able to enforce the law.
If you want legal advice, call Dan Harris at Harris & Moure. If you want good examples of how to promote the rule of law, read the blog entry. What kind of political consequences would your students predict?
Dan Harris wrote in China Law Blog, China's New Labor Law -- It's A Huge Deal. Huge I Tell You.
"Everything is going to change on January 1, 2008, for employers in China... That is the day China's new labor law goes into effect and if you have employees in China... you absolutely must take various steps to get into compliance AND to avoid being sued. And you better start taking those steps now...
"The new labor law is going to apply to all employers, no matter how few employees (even one!) they might have. It is going to require all labor contracts be in writing... Employees can claim double salary for months worked without a contract for up to 12 months’ salary... Expect a whole slew of lawsuits to be filed on January 1, 2009, by employees seeking double damages for the 12 months they just completed without a contract.
"It is also going to require all employers maintain a written employee handbook setting out the basic rules and regulations of employment. Without an employee handbook, employers will be essentially unable to fire anyone..."
Labels: China, rule-of-law
posted by Ken Wedding @ 8:02 AM
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