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Labor Law and Social Security Law of China

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Author: Li Jianfei;
Language: English
Format: 23.8 x 16.8 x 2 cm
Page: 417
Publication Date: 06/2014
ISBN: 7300196802, 9787300196800
Table of Contents

Chapter Ⅰ Basic Theory of Labor Law
Section 1 Concept and Significance of Labor Law
Section 2 The Functions and Significance of Labor Law
Section 3 The Evolution of Labor Legislation and the Labor Law System in China
Chapter Ⅱ Legislative Purposes of Labor Law
Section 1 The Significance of the Legislative Purposes of the Labor Law
Section 2 Legislative Purposes in the Chinese Labor Law
Chapter Ⅲ Subject Matter of the Labor Law
Section 1 Labor Relationships as a Subject Matter of the Labor Law
Section 2 Personal Scope of Application of the Labor Law
Chapter Ⅳ Employment Law
Section 1 Introduction
Section 2 Basic Principles of Employment
Section 3 Employment Security for Special Employment Groups
Section 4 Employment Security for College Graduates and Students Returned back to China after Finishing Overseas Study
Section 5 Prohibition of Child Labor
Chapter Ⅴ Labor Contract Law
Section 1 Introduction to Labor Contracts
Section 2 Conclusion, Modification, Termination and Invalidity of Labor Contracts

Section 3 Contents, Formats and Terms of Labor Contracts
Section 4 Dissolution of Labor Contracts
Section 5 Legal Liability for Breach of Labor Contracts
Section 6 Differences between Labor Contracts and Civil Contracts
Chapter Ⅵ Labor Conditions Law
Section 1 Concepts and Legal Principles of Labor Remuneration
Section 2 Minimum Wage System
Section 3 Wage Payment Security
Section 4 The Right to Work and Right to Rest and the Significance
Section 5 Rest and Vacation
Section 6 Extension of Working Hours and Limitations
Chapter Ⅶ Labor Protection Law
Section 1 Overview of Legislation on Work Safety and Health
Section 2 Content of Labor Safety and Health Law
Section 3 Reporting and I.egal Liability of Occupational Diseases
Section 4 I.egislation and Significance of Special Protection for Female Employees
Section 5 Content of Special Protection for Female Employees
Section 6 Special Protection for Juvenile Employees
Chapter Ⅷ Social Security Law
Section 1 Concept of Social Security Law
Section 2 Development and Reform of Chinese Social Security Law
Chapter Ⅸ Social Insurance Law
Section 1 Concept of Social Insurance Law
Section 2 Principles of Social Insurance Law
Chapter Ⅹ Endowment Insurance Law
Section 1 Concept and Functions of the Endowment Insurance
Section 2 Legislation and Reform of Endowment Insurance
Section 3 Raising of Pension Funds
Section 4 Distribution of Pensions
Section 5 Supplementary Endowment Insurance
Chapter Ⅺ Unemployment Insurance Law
Chaoter Ⅻ Medical Insurance
Chapter ⅩⅢ Work-related Injury Insurance
Chapter ⅩⅣ Maternity Insurance Law
Chapter ⅩⅤ Other Legal Systems on Social Security
Chapter ⅩⅥ Law on Labor Dispute Settlement
Chapter ⅩⅦ Legal Liabilities

Sample Pages Preview
When the laborer is sick or suffers from non-work related injury, a medicaltreatment period will be given according to the length of service in the employingunit. According to the provisions of the Ministry of Labor on medical treatmentperiod, such period will last for 3 to 24 months. For employees suffering fromspecial illnesses (such as cancer, mental illness and paralysis) who cannot berecovered within 24 months, with the approval of the enterprise and the locallabor department, the medical treatment period may be properly extended. Thespecific standards are as follows: (1) where the actual length of service is lessthan 10 years, and the length of service in the employing unit is less than 5 years,the medical treatment period will be 3 months; if it is more than 5 years, themedical treatment period will be 6 months; (2) where the actual length of serviceis more than 10 years, and the length of service in the employing unit is less than5 years, the medical treatment period will be 6 months; if it is more than 5 yearsbut less than 10 years, the medical treatment period will be 9 months; if it is morethan 10 years but less than 15 years, the medical treatment period will be 12months; if it is more than 15 years but less than 20 years, the medical treatmentperiod will be 18 months; if it is more than 20 years, the medical treatment periodwill be 24 months. The medical treatment period is calculated from the date ofsick leave, a medical treatment period of 3 months will be calculated according toaccumulated sick leave period of 6 months. For a medical treatment period of 6months, it will be calculated according to accumulated sick leave period within 12months. For a medical treatment period of 9 months, it will be calculatedaccording to accumulated sick leave period of 15 months. For a medical treatmentperiod of 12 months, it will be calculated according to accumulated sick leaveperiod of 18 months. For a medical treatment period of 18 months, it will becalculated according to accumulated sick leave period of 24 months. For a medicaltreatment period of 24 months, it will be calculated according to accumulated sickleave period of 30 months. After the medical treatment period, where the laborercannot engage in the original work or he is still incompetent for the job
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