2008: The Year of Broadening Employee Rights and EEO Protections in China

In 2007, the PRC made great strides toward establishing a more comprehensive labour and employment law regime by promulgating a landmark number of national and local employment-related laws, regulations and rules. This evolving regime includes an unprecedented evolution of employees' rights and equal employment opportunity (EEO) protections.

Most notably, for employees' rights, the National People's Congress (NPC) passed the Employment Contracts Law (劳动合同法)(ECL), which became effective on January 1 2008, and which aims, inter alia, to increase the power of the individual employee regarding management in the workplace. Concomitantly, the ECL increases and emphasizes the power and involvement of trade unions in the workplace.

The NPC also promulgated the Employment Promotion Law (EPL), which also became effective on January 1 2008, and which, as its name suggests, seeks to increase employment opportunities for more individuals, thereby seeking to achieve greater social stability. More specifically, the EPL prohibits discrimination against job candidates and employees based on protected categories such as ethnicity, race, gender, religion, and status as an infectious disease carrier. This article examines the impact of these legal developments.