Chapter I: General Provisions
Chapter II: Mediation
Chapter III: Arbitration
Section 1 General Provisions
Section 2 Application and Acceptance
Section 3 Hearing and Award
Chapter IV: Supplementary Provisions
Contents
Chapter I General Provisions
Chapter II Conclusion of Labor Contracts
Chapter III Performance and Amendment of Labor Contracts
Chapter IV Revocation and Termination of Labor Contracts
Chapter V Special Provisions
-Part I Collective Contracts
-Part II Work Placement
-Part III Part-time Labor
Chapter VI Supervision and Inspection
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
CHAPTER ONE GENERAL PROVISIONS
CHAPTER TWO PROMOTION OF EMPLOYMENT
CHAPTER THREE LABOUR CONTRACT AND COLLECTIVE CONTRACT
CHAPTER FOUR WORKING HOURS, REST AND VACATION
CHAPTER FIVE WAGE
CHAPTER SIX SAFETY AND HEALTH CARE
CHAPTER SEVEN SPECIAL PROTECTION TO WOMEN WORKERS AND UNDERAGE WORKERS CHAPTER EIGHT JOB TRAINING
CHAPTER NINE SOCIAL INSURANCE AND WELFARE
CHAPTER TEN LABOUR DISPUTES
CHAPTER ELEVEN SUPERVISION AND EXAMINATION
CHAPTER TWELVE LEGAL RESPONSIBILITY
CHAPTER THIRTEEN SUPPLEMENTARY PROVISIONS
The agreement is made between , hereinafter referred to as “party A”, and Zhongyin Law Firm Shanghai Branch , hereinafter referred to as “party B”. The attorney of party B shall represent party A with respect to his/her/its disputes with . The two parties through consultation hereby agree upon，and shall be bound by，the following terms：
Introduction
Since the Disability Discrimination Act 1995 (DDA) was introduced in UK more than a decade ago, there has been much commentary and litigation focusing on the question of “meaning of disability” because only disabled person may fall in the protection and it is for the complaint to establish “disability”. The definition of disability has been criticized on a number of grounds. This article first sets out the statutory definition of disability; then discusses the much debated medical model of legislation; next points out the flaws within the medical definition; further illustrates the vagueness or uncertainty of many requirements as interpreted and improved by the UK case law concerning the statutory provision; meanwhile, the potential influence of EU equality law on domestic disability equality law will also be explored. At the end of this article, the recent amendments to both binding legislation and non-binding guidance will be given and the consequent implications will be explained.
1.Introduction
As indicated in the key words of the case report of Dunnachie v Kingston Upon Hull City Council [2004] IRLR 727 HL, the decision of the House of Lords in this case mainly deals with scope of “compensatory award” or “compensation” as a remedy in “unfair dismissal” actions concerning the judicial interpretation of Employment Right Act 1996 (‘ERA’) section 112, 113,114 (2) (a), 115 (2) (b), 123 (1), 123 (2). It was held that section 123 (1) does not allow for the recovery of non-economic loss resulting from an unfair dismissal. To explore the impact of this decision on regulation of unfair dismissals, I will start from the original legislation and case law, and then compare the legal position prior and subsequent to it.
Qing Guang Chen
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