Labour and employment—China—Q&A guide
Labour and employment—China—Q&A guide

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Labour and employment—China—Q&A guide
  • 1. What are the main statutes and regulations relating to employment?
  • 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
  • 3. What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
  • 4. Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
  • 5. What are their powers?
  • 6. Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
  • 7. Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
  • 8. Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
  • 9. Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
  • More...

Labour and employment—China—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in China published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: Morgan Lewis—K. Lesli Ligorner

1. What are the main statutes and regulations relating to employment?

The main statutes and regulations relating to labour and employment at the national level are as follows:

  1. Joint Implementation Pilot Scheme of Maternity Insurance and Medical Insurance (19 January 2017);

  2. Measures Announcing Significant Violations of Labour and Social Security Laws (1 January 2017);

  3. Interim Provisions on Labour Dispatch (1 March 2014);

  4. Regulations on Exit-Entry Administration for Foreign Nationals (effective as of 1 September 2013);

  5. Interpretation (IV) of the Supreme People’s Court on Several Issues on the Application of Law in the Trial of Labour Dispute Cases (1 February 2013);

  6. Interpretation of the Supreme People’s Court on Several Issues on the Criminal Cases of Refusing to Pay Labour Remunerations (23 January 2013);

  7. Special Rules for Labour Protection of Female Employees (28 April 2012);

  8. Social Insurance Law of the People’s Republic of China (1 July 2011);

  9. Amendment (VIII) to the Criminal Law of the People’s Republic of China (1 May 2011);

  10. Interpretation (III) of the Supreme People’s Court on Several Issues on the Application of Law in the Trial of Labour Dispute Cases (14 September 2010);

  11. Tort Liability

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