Relevant Legislation
Lao Dong Fa [Labour Law of the People’s Republic of China] (Promulgated by the NPC Standing Committee, effective January 1, 1995), 1994 FAGUI HUIBIAN 91, 94 (Official Source)3
Unlawful Termination, Damages and Compensation
Under Sections 28 and 29 of the Chinese Labour Law, employers who dismiss an employee unfairly, for instance under these circumstances: where they have ‘totally or partially lost the ability to work due to occupational diseases or injuries suffered at work’; where they are receiving medical treatment for diseases or injuries, or where they are pregnant, breast-feeding or on maternity leave, will be liable to pay compensation to that employee.
Section 30 additionally specifies:
The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.
Endnotes
3 Lao Dong Fa [Labour Law of the People’s Republic of China], 1/01/1995, available at http://www.usmra.com/china/Labour%20Law.htm (accessed 16/05/11).
