Employment Law in the UK and China - Essay Example

New labor law was developed in china after its transition from a planned to a market economy in 2008 (Batson and Shirouzo, 2010). This happened after it was realized that workers were being oppressed and the laws were meant to protect all workers in the country. The laws were put in place to restrict employers from dismissing employees easily at will failure which would cause penalties on the accused employees. For this purpose, the government laid down laws to stipulate conditions under which employees would be dismissed and divided them into immediate and termination within thirty days which would apply to all employees in the country.

In the first category of immediate termination, there are various conditions under which an employee may be dismissed with the first one being if the employee is found guilty of going against the rules and regulations set for operations in the work environment (Batson and Shirouzo, 2010). The second rule stipulates that if an employee is found guilty of a crime they can be dismissed without notice. The third law states that in an event where the employee does something that causes damage to the employer, they can be dismissed since this infringes on the employer’s interests (EuroChinaJob, 2009). With this in mind, it follows that if an employee has a relationship with another employer, which affects the way the employee accomplishes tasks they can be dismissed on grounds of not adhering to the regulations of the employer because they fail to accomplish tasks assigned to them. 

In contrast to the employment law in China, the one in the United Kingdom stipulates that employment could be terminated by either the parties to the contract at will with or without notice. The employee is also subject to dismissal if the contract signed expires and it has not been renewed. The employee can also decide to terminate employment on grounds of constructive dismissal whereby some circumstances are based reasonably based on the employer’s behavior. In addition to this if termination comes about because of the worker's performance there are guidelines to be followed to ensure that the dismissal is in line with the law (MyEmploymentSolicitor.co.uk. 2012). The employer is supposed to determine the reason for poor performance, and whether the situation can be improved through counseling, the employee is given ample time to shape up, and if there is no improvement a disciplinary meeting is held after which a second warning is given.