Legal system for public human resources management

In 1993 China promulgated the Interim Regulations on Civil Servants, which launched the civil service system. The Civil Servants Law of the People' s Republic of China went into effect in 2006, since when a series of related regulations have been issued concerning the employment and training, assessment and award, appointment and removal, promotion, demotion and transfer, punishment and appeal, resignation and dismissal of civil servants, penalties for violating civil service entrance examination rules, and appointment and ranking of new recruits. Over 1,000 regulations have been issued, covering the major components of public human resources management, including the wages and welfare of employees in government departments and public institutions, human resources management in public institutions, personnel mobility management and macro-control of human resources.

Legal system for human resources rights protection

In the mid-1980s China started the trial implementation of the labor contract system, which was officially established through the promulgation of the Labor Law of the People' s Republic of China in the 1990s. The Labor Contract Law of the People' s Republic of China, promulgated in 2007, and the later Regulations on the Implementation of the Labor Contract Law of the People' s Republic of China, have further improved the labor contract system, specified the rights and obligations of employers and employees, the rules for signing, implementing, revising, canceling or terminating labor contracts and corresponding liabilities, and, taking into account the trend toward diversified forms of employment, made provisions about how to regulate labor dispatch services and parttime employment, and other aspects.

Collective consultation, together with a collective contract system, is being actively implemented in China. The Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China both prescribe a collective contract system, encouraging enterprises to adopt collective consultation and to sign collective contracts. The framework of the collective contract system with collective enterprise consultation as the main body, and with regional and trade collective consultation as the supplement, has been gradually formed. In recent years, the coverage of the collective contract system has been continuously enlarged with increasing effectiveness. A collective labor relations coordination system characterized by equal consultation between trade union or employee representatives and enterprise or enterprise organization representatives has been basically established.

For the fair and timely settlement of labor disputes, the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes was adopted in 2007, stipulating the scope, procedures, organizations, personnel and mechanism for labor dispute mediation and arbitration. In addition, a tripartite labor relations coordination mechanism has been established, comprising government departments, trade unions and enterprises, so as to better mediate and arbitrate labor disputes and give better legal redress for the timely and appropriate settlement of labor disputes and safeguarding the legitimate rights and interests of the relevant parties. The Regulations on Labor Security Supervision have been issued and put into effect, specifying the functions, implementation and legal liabilities of labor security supervision, thereby providing significant legal support for safeguarding the legitimate rights and interests of employees.