International Law at Work — February 2014: China’s interim provisions on agency workers issued
On 24 January 2014, China’s Ministry of Human Resources and Social Security (MOHRSS) issued the Interim Provisions on Agency Workers, which will take effect on 1 March 2014. The provisions implement the agency-worker-related amendments covered in the revised Labour Contract Law released on 28 December 2012.
Agency workers can only be used for temporary, auxiliary and/or substitute positions. The revised Labour Contract Law introduced statutory definitions for these positions. MOHRSS has now clarified how to determine the term ‘auxiliary positions’ in practice.
‘Auxiliary positions’ refers to positions that provide services to the core business of the labour-receiving entity. According to the provisions, a receiver entity has to discuss the use of auxiliary positions with its employee representative congress (ERC) or all employees (if no ERC is available). The ERC, or all employees, shall then make proposals and comments. The final decision shall be made through consultation with the union or employee representatives (if no union is available) on the basis of equality, and finally has to be published to the employees. These procedures are somewhat similar to the ones required when setting up employee handbooks…
Click on the link below to read the rest of the Taylor Wessing briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Taylor Wessing
News from The Lawyer
Briefings from Taylor Wessing
For the tax year from 6 April 2014, the standard lifetime allowance has reduced from £1.5m to £1.25m.
One of the areas highlighted last year by the Regulator was the regulation of workplace DC pension schemes.
Analysis from The Lawyer
As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014.
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world