TORT LIABILITY LAW IMPACT ON HUMAN RESOURCES MANAGEMENT
Written by Rogers Wu
The People’s Republic of China Tort Liability Act, adopted by the National People’s Congress Standing Committee on December 26, 2009, will come into force on July 1, 2010. This law is an important part of the civil code system, providing a framework that protects the legitimate rights and interests of citizens and legal non- citizen employees. Tort Liability aims to promote social equality and justice, clarify the infringement liability definition, prevent and sanction the tort’s scope, and resolve social conflicts. There are some new requirements on enterprise management and attention should be paid for corporate management personnel, including human resource management.
Earlier this year, ClarkMorgan discovered a disturbing case of employee theft in the southern province of Guangzhou. Three former employees, all based in Guangzhou, had unlawfully obtained IPR including training materials, proposals, and images,and were using the material with unknowing clients who were unaware that they were in breach of international Intellectual Property Rights (IPR). Guangzhou based lawyer, John Mai of Joseph Lee; Associates, was contacted and we share his insights into how to protect your IPR.
One of the hottest topics in China's HR community right now is leadership. HR professionals across the country are currently striving to identify individuals with the talent to fill management roles and to drive their organisations forward. However, many organisations are in such a rush to identify and to acquire this type of talent that they may overlook one vital consideration. Those occupying senior management roles are in the position to have a massive effect upon your organisation. Any negligence or wrongdoing can have a huge impact on your organisation and the employees within it. So, it is vital you have a legal safety-net in place to ensure the impact your senior staff have is wholly positive.
In the last issue of Network HR, Allan Nee of Baode Law in Tianjin wrote a detailed and insightful article about China's new Labor Laws. Allan offered a myriad of fantastic advice, from hiring strategies to termination procedures. However, there was one factor he mentioned that really captured my attention - transparency. Allan discussed transparency when implementing new policies and guidelines, but I want to focus on transparency and how it can relate to recruitment. More specifically, how Human Resources can create transparency by involving your existing staff in the recruitment process.
Managing human resources is always a complex field. HR professionals in any organisation need strong professional knowledge and flexible working skills to be successful. However, with several new laws recently introduced by the Chinese government, such as the Labour Contract Law, Rules on Annual Paid Vacation and the Labour Disputes and Arbitration Law, I am sure many of you will have had a few extra headaches. All of these laws place emphasis on the protection of the legal rights of workers. This means that protecting the interests of their organisation has become increasingly difficult. HR professionals across China need to act to help their organisations comply with these laws and to balance the rights of their employees with the direction of their employer. Below are some pieces of advice of advice on how you can do this.
In the last issue of Network HR, Allan Nee of Baode Law in Tianjin wrote a detailed and insightful article about the ways in which your organisation needs to adapt to China's new Labour Laws. Allan offered a myriad of fantastic advice. However, there was one factor he mentioned that really captured my attention - transparency.Read More
Benefits
The Power of Acknowledgement
he seeds of this article were sewn as I put together the last edition of Network HR. First, as I edited the Training & Development section, I read the following prophetic words from Jennifer Peterson, "If you want your customers to feel cared for, you must care for the employees that serve them." This started me musing about the way organisations across China treat employees.Read More
Training
Synchronicity for Success
A single droplet of sweat trickled down my neck as the glowing amber sun beat down on us. I glanced out of the corner of my eye and saw our competitors lined up alongside us. It was the moment we had been preparing for over the last 5 years. Our goal was crystal clear and I had visualised this very occasion countless times.Read More
Recuitment
War, what is it good for?
I believe I can bring the War for Talent to a peaceful end. I came to this realisation two
months ago after I was invited to present at the ‘Corporate Travel and Technology
World' conference in Shanghai. The topic, "Selecting Potential Leaders and Turning a Company from Good to Great", was
provided some months earlier, giving me time to source opinions from
around China. Read More
In the last issue of Network HR, Allan Nee of Baode Law in Tianjin wrote a detailed and insightful article about the ways in which your organisation needs to adapt to China's new Labour Laws. Allan offered a myriad of fantastic advice. However, there was one factor he mentioned that really captured my attention - transparency.Read More
he seeds of this article were sewn as I put together the last edition of Network HR. First, as I edited the Training & Development section, I read the following prophetic words from Jennifer Peterson, "If you want your customers to feel cared for, you must care for the employees that serve them." This started me musing about the way organisations across China treat employees.Read More
A single droplet of sweat trickled down my neck as the glowing amber sun beat down on us. I glanced out of the corner of my eye and saw our competitors lined up alongside us. It was the moment we had been preparing for over the last 5 years. Our goal was crystal clear and I had visualised this very occasion countless times.Read More
I believe I can bring the War for Talent to a peaceful end. I came to this realisation two
months ago after I was invited to present at the ‘Corporate Travel and Technology
World' conference in Shanghai. The topic, "Selecting Potential Leaders and Turning a Company from Good to Great", was
provided some months earlier, giving me time to source opinions from
around China. Read More
The People’s Republic of China Tort Liability Act, adopted by the National People’s Congress Standing Committee on December 26, 2009, will come into force on July 1, 2010. This law is an important part of the civil code system, providing a framework that protects the legitimate rights and interests of citizens and legal non- citizen employees. Tort Liability aims to promote social equality and justice, clarify the infringement liability definition, prevent and sanction the tort’s scope, and resolve social conflicts. There are some new requirements on enterprise management and attention should be paid for corporate management personnel, including human resource management.
Earlier this year, ClarkMorgan discovered a disturbing case of employee theft in the southern province of Guangzhou. Three former employees, all based in Guangzhou, had unlawfully obtained IPR including training materials, proposals, and images,and were using the material with unknowing clients who were unaware that they were in breach of international Intellectual Property Rights (IPR). Guangzhou based lawyer, John Mai of Joseph Lee; Associates, was contacted and we share his insights into how to protect your IPR.
