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6 - Hiring and Employment Practices and the Law

Published online by Cambridge University Press:  22 January 2010

Ronald C. Brown
Affiliation:
School of Law, University of Hawaii
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Summary

Employment Promotion and Labor Market Management

Because of China's huge and growing population, the labor force is expanding faster than jobs can be created. The government has initiated education and training programs to upgrade the skills of workers and has an active plan of employment promotion under the 2008 Employment Promotion Law. This law seeks to protect workers by creating employment opportunities and prohibiting job discrimination. It promotes employment in specified industries and enterprises by providing assistance to employers. It also establishes public employment service organizations to assist workers in securing job opportunities, both in rural and urban areas. However, some view this law as merely a policy statement, as it provides few penalties and enforcement mechanisms.

The Employment Promotion Law (EPL), effective January 1, 2008, puts into place broad “proactive labor policies” to promote employment in the private sector, ease burdens on the unemployed, and promote equal employment in the workplace. It is guided by the “principles of workers selecting their own jobs, the market regulating employment and the government promoting employment, and increasing employment through multiple avenues.” Responsibility is placed on the governments at the county level and above to “create employment conditions and expand employment through development of the economy and through such measures as adjusting the industrial structure, regulating the human resource market, improving employment services, strengthening vocational education and training, providing employment assistance, etc.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

Brown, Ronald C., China's Employment Discrimination Laws during Economic Transition, 19 Colum. J. Asian L.361, 399 (2006)Google Scholar
Taylor, Robert, China's Human Resource Management Strategies: The Role of Enterprise and Government, 4 Asian Bus. & Mgmt. 5, 11–18 (2005)CrossRefGoogle Scholar
Humanpool Sources Blue-Collar Workers for Companies in the Yangtze River Delta, China Business Weekly, June 4–10, 2007
Pagnattaro, Marisa Anne and Pierce, Ellen R., Between a Rock and a Hard Place: The Conflict between U.S. Corporate Codes of Conduct and European Privacy and Work Laws, 28 Berkeley J. Emp. & Lab. L.375 (2007)Google Scholar
Liebman, Benjamin L., Innovation through Intimidation: An Empirical Account of Defamation Litigation in China, 47 Hard. Int'l Law J.33 (2006)Google Scholar
Baijia, Liu, Former Yahoo! China Boss Sues for Defamation, China Daily (Aug. 18, 2006)Google Scholar
Zhan, , Local Employee Sues P&G in Privacy Case, China Daily (June 11, 1998)Google Scholar

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