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Agreement not to participate in social insurance system held illegal

Baker & McKenzie
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China
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November 2 2012

In September 13, 2012, the Suzhou Intermediate People’s Court upheld a lower court opinion, in which the court ruled in favor of the employee, and ordered the company to pay RMB 43,000 as medical fee compensation for its failure to enrol the employee into the social insurance system

Retired employee successfully claims damages for work injury

Baker & McKenzie
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China
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November 2 2012

In a case tried by a Jiangsu Province Court in October 2012, the employer was found to be liable for a retired staff member’s work injury according to the PRC Tort Law

Termination of employee for not performing work duties upheld by court

Baker & McKenzie
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China
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October 31 2012

In a recent case reported on September 21, 2012, the Ningbo Zhenhai District People’s Court ruled in favor of a company for termination of an employee who seriously violated the company’s rules by intentionally not performing his work duties

Termination of striking employees upheld as lawful

Baker & McKenzie
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China
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October 31 2012

According to a July newspaper report, the Dongguan No.3 District People’s Court reportedly ruled in favor of an employer, upholding its termination of 17 striking employees for misconduct

HR manager loses wrongful termination case

Baker & McKenzie
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China
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October 31 2012

On August 12, the Shanghai No. 2 Intermediary Court affirmed a ruling against a HR manager who initiated the termination procedure for her own job but later tried to claim that she was wrongfully terminated

Highest court in Guangdong Province clarifies position on key employment issues

Baker & McKenzie
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China
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September 5 2012

Recently, the Guangdong Province High People’s Court and Guangdong Province Employment Dispute Arbitration Commission jointly issued meeting minutes (“High Court Minutes”) to provide guidance to lower-level courts and arbitrational panels on several significant employment dispute questions

Termination of pregnant employee during probation period upheld by court

Baker & McKenzie
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China
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September 5 2012

In July 2012, the Shanghai Jing’an District Court reportedly ruled in favour of an accounting firm that had terminated a pregnant employee for her failure to meet the employment conditions during the probation period

“Part-time” employee ruled to be a de facto full-time employee

Baker & McKenzie
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China
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September 5 2012

A Nanjing court ruled in July 2012 that an employee who worked under a “part-time” employment contract was in fact a full-time employee, because the employer violated rules on working hours, salary calculation and timing of payment that apply to part-time employees

Court awards employee RMB 1 million for service invention

Baker & McKenzie
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China
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September 5 2012

According to a report in June, the Guangdong Province High People’s Court awarded an employee RMB 1 million for a patented invention created by the employee during employment

Termination of employee for defamation held unlawful

Baker & McKenzie
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China
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September 5 2012

In a recent case reported on July 29, 2012, the Nanjing Xixia District People’s Court ruled in favor of an employee who was summarily dismissed by the company for serious violation of company rules by defaming another employee