China Laws and Regulations Update in January 2022

1. Civil Proceeding Law (Amended)

Promulgated by the Standing Committee of the National Congress

Promulgation date: 15 December 2021

Implementation date: 1 January 2022

Publication No. 106 President Order

The main amendments to the Civil Proceeding Law involve legal confirmation, small action and simplified procedures, sole adjudicator rules and online actions.

First, improvements to the legal confirmation procedures. In the amendment the application scope of the legal confirmation procedures are appropriately broadened to cover agreements reached through legally founded mediation organizations and allow intermediate people’s courts to deal with legal confirmation applications within their competent jurisdictions.


Should Employer Give Notice to Trade Union before Terminate Employment in China?

trade union

 (By Albert Chen) The dispute over employment termination is quite common in labor conflicts, and whether the employer shall send a notice to the trade union before the termination is commonly seen in such disputes. What then, are the regulations regarding this aspect in China?

I. What is the function of trade union in China?

The role of the trade union is specified in Article 2 of Trade Union Law of PRC (the “Trade Union Law”):

“Trade unions are mass organizations formed by the working classes of their own free will.