HR必备劳动法律英语

　　Where it is available, a method of settling a labor²-management dispute by having an impartial³ third party hold a formal hearing, take testimony⁴ and render a decision. The decision is usually binding⁵ upon the parties.

　　Award

　　The decision of an arbitrator in a dispute. The arbitrator's award is based upon the evidence presented, the agreement and the arguments of both parties. In labor arbitration, the arbitrator's reasons are generally expressed in the form of a written opinion, which accompanies the award.

　　Collective Bargaining

　　A method of mutually determining wages, hours and terms and conditions of employment through negotiations⁶ between representatives of the employer and the union.

　　Collective Bargaining Agreement

　　A written agreement or contract that is the result of negotiations between an employer and a union. It sets out the conditions of employment (wages, hours, benefits, etc.) and ways to settle disputes arising during the term of the contract.

　　Confidential⁷ clauses

　　The confidential information exemption⁸ can no longer be claimed in relation to any contract unless the contract contains a confidentiality⁹ clause.

　　Economic Compensation

　　Economic compensation provides workers, whose jobs have been terminated through no fault of their own. Economic compensation is intended to provide an unemployed¹⁰ worker time to find a new job equivalent to the one lost without financial distress¹¹.

　　Impasse¹²

　　A deadlock¹³ in negotiations. After bargaining in good faith, the parties have failed the reach an agreement on one or more issues.

　　Labor Organizer

　　A person usually employed by a union (usually the regional or international union), whose function it is to enlist¹⁴ the employees of a particular employer to join the union.

　　Labor Contract

　　The resulting agreement reached by the parties during the negotiations/bargaining process. Also known as a collective bargaining agreement or contract.

　　Non-compete agreement

　　A non-compete agreement is typically signed by a new employee as a condition of employment. If the employee later leaves the company, a well-written non-competition agreement prevents former employees from competing with the company, recruiting other employees, or misusing¹⁵ confidential information such as customer databases. Such an agreement should always be used when hiring a key employee, as defined by the parameters¹⁶ of the business. A non-compete agreement is particularly useful for employees who have access to critical information, either through job responsibility or through social interactions with owners or high-level executives. Every business should consider having its key employees or sales people sign this contract as part of their employment agreement. If the employee later leaves the company, this agreement will prevent them from competing with the company.

　　Public Employee

　　A person who is employed by a municipal, county, state, or federal agency or state college or university.

　　Supervisor¹⁷

　　An individual (regardless of his/her job description or title) having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees of the employer. A supervisory employee is also one who has responsibility for directing employees, answering their grievances¹⁸, or recommending disciplinary action, if authority is not merely clerical but requires independent judgment¹⁹.

　　Civil Law

　　A system of law originated from Roman Law and now prevailing²⁰ in Continental²¹ Europe and other parts of the world. The system is based on statutes²² rather than court decisions.

　　Common Law

　　A system of jurisprudence originating in England and later used in the United States and other Commonwealth²³ countries. It is based on judicial²⁴ precedent²⁵ rather than statutory rules.

　　"Individual Partnership²⁶"

　　Two or more citizens associated in a business and working together, with each providing funds, material objects, and techniques according to an agreement.

　　Sole Proprietorship²⁷

　　A business entity²⁸ which, in accordance with the Sole Proprietorship Law, is established in China and is invested in by one natural person, and in which the investor²⁹ owns all its assets and is unlimitedly³⁰ liable for all the debts of the business.

　　Partnership

　　Profit-oriented organizations formed by partners who enter into partnership agreements, jointly³² make capital contributions, carry on business, share profits, bear business risks and are jointly liable to an unlimited³¹ extent for all debts and obligations thereof.

　　Joint³³ Venture

　　A business activity begun by two or more companies acting³⁴ together, sharing the costs, risks, and profits.

　　Partnership Enterprise

　　A profit-oriented organization which is, subject to the Partnership Enterprises Law, formed within China by partners who enter into a partnership agreement, jointly make capital contributions, carry on business, share profits, bear business risks, and are jointly and severally liable to an unlimited extent for all debts and obligations thereof.

　　Individual Business

　　Refers to businesses run by individuals who have been lawfully³⁵ registered and approved to engage in industrial or commercial operations within the sphere permitted by law.

　　Articles of Association

　　The charter of the company, a document filed with the AICs (Administration of Industry and Commerce) by company founders³⁶ when establishing a company to describe the purpose, place of business, and details of a company.

　　Corporate³⁷ Services

　　The area of legal services relating to a corporation needs, such as corporate structure, taxation³⁸ consultation³⁹, human resources, etc.

　　Notary⁴⁰

　　A person authorized⁴¹ to attest⁴² to and certify⁴³ certain types of documents in order to take depositions⁴⁴, and to perform certain acts in commercial matters, such as protesting commercial papers.

　　Plea

　　Answer made by a defendant⁴⁵ to the case presented by the plaintiff.

　　Judgment

　　Legal decision or official decision of a court.

　　Compensation

　　Payment made by someone to cover the cost of damages or hardship caused

　　Business Secret

　　Technological⁴⁶ and business information, inaccessible⁴⁷ to the general public, which can bring economic benefits to its owner, has practical applicability and for which the owner has adopted protective measures.

　　Suit, Sue

　　Case in a law court; prosecution⁴⁸ of a claim

　　Litigation

　　Activities to solve a dispute through legal

　　Mediation⁴⁹

　　A dispute resolution method designed to help warring parties resolve their own disputes without going to court. In mediation, a neutral third party (the mediator⁵⁰) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge in a courtroom or an arbitrator conducting a binding arbitration, the mediator does not have the power to impose a solution. No formal rules of evidence or procedure control mediation; the mediator and the parties usually agree on their own informal ways to proceed.

　　Judicial Interpretations⁵¹

　　An interpretation⁵² of the decisions made by a judicial system.

　　District People's Court

　　Court of the lowest level in the court system of the People's Republic of China, usually established at the county level.

　　Intermediate People's Court

　　Court between the level of the High People's Court and the level of the District People's Court