China Adopts New "Immigration Law"
On June 30, 2012, the Standing Committee of the National People’s Congress adopted the Exit and Entry Administration Law of the People’s Republic of China (PRC), which will take effect on July 1, 2013 and supersede the Law of the PRC on the Entry and Exit Administration of Foreigners and the Law of the PRC on the Exit and Entry Administration of Chinese Citizens.
Supreme People's Court of China Issues Draft Interpretations on the Trial of Cases Involving Labor Disputes
On June 27, 2012, the Supreme People’s Court (SPC) issued a draft version (for comments) of the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Cases Involving Labor Disputes (IV).
Labor Dispatch Provisions of the Labor Contract Law to Be Amended
On July 6, 2012, the Standing Committee of the National People’s Congress published draft amendments to the PRC Labor Contract Law focusing on the labor dispatch-related provisions of the Labor Contract Law. The amendments are designed to address the continued and substantial use by many companies of dispatched workers who should, but in practice often do not, receive the same treatment as regular employees.
Revision of Worker Dispatch Law in Japan
The revised Worker Dispatch Law went into effect on October 1st this year as a measure to protect and stabilize the status of non-permanent employees who are more easily subjected to layoffs. Staffing companies are now prohibited from dispatching day laborers (hiyatoi haken) in principle and are obligated to give consideration to whether dispatched workers receive treatment comparable to regular employees in terms of wages, training and benefits. Companies accepting dispatched workers are prohibited to accept former employees as dispatched workers if less than one year has passed since separation, and when terminating a contract with the staffing companies, they are also obligated to take measures such as introducing new job opportunities for the dispatched workers or covering the costs required for work suspension allowances.
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