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China: Employment law update

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In brief

In this issue:

  • What employers need to consider under the New Personal Information Protection Law
  • New measures to protect the labor security rights and interests of gig workers
  • Supreme People’s Court and Ministry of Human Resources and Public Security expressly state that the “996” work system is illegal
  • Beijing issues flexible employment measures for Free Trade Zone enterprises
  • Shanghai court rules on whether conversation records on an office cell phone are private and whether they can be introduced as evidence
  • Beijing court rules that employee was lawfully dismissed for repeatedly failing to respond to work-related messages while working from home
  • Shenzhen court rules on dismissal of employee who used umbrellas to shield herself from an office camera
  • Delivery workers to get new protection – Seven authorities issue an opinion on protection of salary income and a new method of insurance enrollment

Read full publication here.

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Author

Jonathan Isaacs heads Baker McKenzie's China Employment Practice. Mr. Isaacs is listed as a leading lawyer for China employment law in various legal publications and has shared insights on labor and employment issues with many publications and media outlets, including The Financial Times, The Wall Street Journal, Washington Post, LA Times, Reuters, The Economist Intelligence Unit, Voice of America, RTHK, LA Times and Fortune Magazine. He has also co-authored the leading treatise on Chinese employment law in English, Employment Law & Practice in China. He is admitted as a lawyer in the state of New York, USA.

Author

Zheng Lu is a partner in Baker McKenzie's Shanghai office. She specializes in Employment & Compensation, International Labor & Human Rights, Employee Benefits & Equity Services, as well as Business Changes & Restructuring. She finished her JD in the University of Iowa, and is admitted to the Missouri Bar Association. Baker & McKenzie FenXun (FTZ) Joint Operation Office is a joint operation between Baker & McKenzie LLP, and FenXun Partners, approved by the Shanghai Justice Bureau.

Author

Bofu An is a partner in Baker McKenzie's Beijing office. His practice focuses on labor, employment and employee benefits. He was a Special Counsel at Baker McKenzie's Employment Practice Group in Beijing, before which he was an arbitrator at the Beijing Municipal Labor Disputes Arbitration Commission for several years. Not only had he worked for several years in a Beijing local law firm where he handled many labor dispute cases, he also has extensive in-house experience as legal counsel for China Light & Power Asia Limited. Baker & McKenzie FenXun (FTZ) Joint Operation Office is a joint operation between Baker & McKenzie LLP, and FenXun Partners, approved by the Shanghai Justice Bureau.

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