Preface

　　The Labor Law of the Peoples Republic of China,which came into effect on Jan 1 1995,is the product of the reform of Chinas socialist market economy.The implementation of the Labor Law facilitated Chinas reform.Since the implementation of the Labor Law,the employment structures in China have changed dramatically,with some changes including the rapid development of the industrial and service sectors;increasing migrant rural workers;the incorporation of the state�瞣wned enterprises;the standardization of private enterprises and the localization of foreign�瞚nvested enterprises.The human resources industry has also flourished in every area,including the human resource legal service.

　　It was in 2015,the 20th year since the implementation course of the Labor Law,the 20th year of practicing as a lawyer,and the 12th anniversary of my establishment of River Delta Law Firm,that I decided to write this book.Confronting several setbacks,the book is finally finished 2 years later.Even in these 2 years,some major labor related policies in China have emerged,including the implementation of the“universal two child”policy,the plan to raise the retirement age,the plan to combine maternity insurance and basic medical insurance,and changes to Chinese policies on employment of foreigners.Fortunately,although different understandings in labor and employment law exist in local practice,and the labor related policies have changed at the national level,China is a complex but unitary country.Comprehensive knowledge about state policy contributes to a deep understanding in local practice,and thus the former is the focus of this book.

　　This book is conceptualized as the first practical book introducing Chinese labor and employment law which is authored by a Chinese legal practitioner.The book is provides an overview of the law.The content of this book is intended only to provide a summary and general overview on Chinese employment law.It is not intended to be comprehensive,nor does it constitute legal advice.The author has attempted to ensure that the content is accurate,but does not guarantee the accuracy of the book for your circumstances.You should seek specific legal or other professional advice catered to your circumstances and should not act or rely on any of the content in this book.which is useful for foreign enterprises operating in China or who deal with Chinese companies.It is also useful for foreigners seeking a basic understanding of Chinas labor and employment law.Additionally,we trust that the book is useful for comparative study by human resources professionals working in multi national enterprises and international labor law experts.

　　This book has adopted the structure of the Labor Law,rather than using labor law theory as a basis.The book adopts an enterprise management approach and is written with a global vision.The book initially establishes the general rules governing the employment relationship and integrating the experience of River Delta Law Firms native lawyers.

　　Nevertheless,the regulatory framework governing Chinese labor and employment relations is inherently complex.There are numerous and convoluted laws,regulations and cases governing different aspects of employment,with new exceptions emerging almost immediately as principles are established.This is the reflection of the historical development of Chinas labor and employment legislation,and the rapid industrial changes occurring today.This book does not purport to cover all of the complex and growing field of employment relations.

　　In addition to the constant proliferation of new laws and exceptions,the words in existing laws often take on new meanings to adapt to changing practical realities.The consequence is that the rights and obligations of employers regularly change.Inherent tensions between employers and employees will always characterize the employment relationship,no matter how harmoniously the drafters of legislation wish it to operate.The number of labor disputes is still increasing over the past few years.Collective stoppages and group incidents occur from time to time.Meanwhile,as the new economy corporations rise,the instinct to evade compliance with laws,including labor laws,still widely exists.This leads to a clear conflict between regulation and development,while the undercurrent value is the collection and analysis of the big data based upon the arithmetic and code,even generating the conflict between artificial intelligence and human beings.Therefore,the reform of labor and employment law in China is always ongoing.