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A Comparative Study Of The Law Of Dismissal In The U.S. And China, Zhenxing Ke
A Comparative Study Of The Law Of Dismissal In The U.S. And China, Zhenxing Ke
Maurer Theses and Dissertations
The Labor Law in China, enacted in 1994, was the first statute in China to stipulate dismissal protections. The Employment Contract Law, a more recent law that went into effect in January 2008, strengthened Chinese dismissal protections. For example, in the summary termination about the misconduct, this law only allows six instances for termination, and if a misconduct committed by an employee is not covered in these six instances, it is hard for an employer to discharge this employee legally.
In contrast, America has a more flexible employment law. In America, the doctrine of dismissal is dominated by the …