Beijing is the political headquarter and the cultural center of China. In terms of trade, finance, industry and politics, this city has immense importance in the entire world. The employment law of Beijing is different from the other Chinese cities. You need to give special importance to this state and no wonder the employment related laws and regulations of this region should not be crafted in the same line as with other regions of China.
Employment Law of Beijing-
The area of practice known as employment law covers the rights, obligations, and responsibilities within the employer-employee relationship-from wages and workplace safety to discrimination and wrongful termination. These rules are primarily designed to keep workers safe and make sure they are treated fairly, although laws are in place to protect employers’ interests as well.
The employment law of Beijing is based on federal and state constitutions, legislation, administrative rules, and court opinions. A particular employment relationship may also be governed by contract. The headquarters of most multinational companies are situated here and it is the business hub of the China, foreign companies should have an ample amount of knowledge on the rules and regulations regarding Beijing’s labor law.
Chinese government has taken few initiatives and made few positive changes in the labor and employment law of this city in order to make it more employer-friendly. Shanghai is considered to be the most employer-friendly city in China and current initiatives have been taken to make Beijing at per with Shanghai in terms of employer’s satisfaction. Below is a rundown of some of the positive changes in Beijing employment:
- Article 13 of the Responses, which provides that an employer may terminate an employee who seriously violates labor disciplines or professional ethics, even if the employer’s rules and regulations and employment contracts are silent on the specific employee misconduct.
- The Responses refer to paragraph 2 of Article 3 of the PRC Labor Law which mandates employees shall comply with labor disciplines and professional ethics. The Responses state that an employee’s serious violation of this requirement will allow the employer to terminate that employee based on paragraph 2 of Article 3 of the PRC Labor Law.
Foreign talent in Beijing will receive more social security, including better incentive mechanisms, mutual recognition of international professional qualifications and better social insurance standards. Despite all these changes, foreign employees must take extreme caution while terminating their Chinese employee.