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- 01-26-2010 10:25 AM #1
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the FAQ of labor disputes in China
1.Whether can the Labor Contract Law of the PRC apply to accounting firms and law firms?
According to the Article 3 of the Regulation on the Implementation of the Employment Contract Law of the PRC, legally established accounting firms, law firms and other partnerships and foundations are employers defined in the Employment Contract Law;
2.What is the stipulation of the wages during probation?
A employee’ wages during probation shall not be less than 80% of the minimum wages for the same post of the employer or 80% of the wages stipulated in the employment contract, and shall not be less than the minimum wage level of the place where the employer is located.
3.What will happen if a labor contract fails to be concluded?
a. pay monthly wages in double amount to the worker (from the day when the employee is employed, to the day when the written employment contract is concluded) and conclude a written employment contract with the employee, if an employer fails to conclude a written employment contract with an employee after the lapse of more than one month but less than one year from the date when the employee is employed;
b. pay monthly wages in double amount from the day next to the lapse of a full month to the day before it is a full year since the employee’s employment to the employee, the employer will be deemed to has concluded an employment contract without a fixed term with the employee on the day when it is a full year since the employee’s employment, and a written employment contract without a fixed term shall be concluded with the employee immediately. if an employer fails to conclude a written employment contract with an employee after the lapse of one full year from the day when the employee is employed;
c. notify the employee in writing to terminate the employment relationship with the employee without any economic compensation, if an employee, after being notified by the employer in writing, fails to conclude a written employment contract with the employer within one month from the day when he is employed;
d. terminate the employment relationship, notify the employee in writing, and make economic compensations to the employee, if an employee refuses to conclude a written employment contract with his employer in the case a.
4.What shall be contained in the roster of employees?
employees'name, gender, citizen's identity number, registered permanent residence address and current address, contact information, form of employment, start time of employment, and term of the employment contract, etc.
partly from:http://www.cnnlaw.com



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