Nicholas Lakeland, Employment Partner at Laytons and Donfil Huang, Legal Advisory Manager at Dezan Shira & Associates (DSA) share legal knowledge focusing on what is a staff handbook, and how does it work in China and the UK.
In the UK the difference between a contract of employment and a handbook and policies is that contracts of employment are contractual entitlements, and therefore to change them, at least 30 days’ notice must be given and that has to be reasonable, and changes have to be agreed by the employee. Handbooks contain policies which can be changed without the employee's consent for example they will contain provisions relating to non-contractual requirements. The employee doesn’t have to be notified when it comes to changing those policies but is good practice to do so.
In China, a staff handbook is a comprehensive document that stipulates all internal rules regarding the company with all employees need to comply with.
Handbooks cover:
Rules and obligations
Attendance
Administration formalities
Code of conduct and disciplines
Rights and entitlements
Rest days
Annual leave arrangements
Promotions and incentives
A staff handbook is not part of the employment contract but is something an employee must comply with.
Drafting a contract of employment in China and the UK (minimum requirements) Episode six: What is a staff handbook, how does it work, and is it part of the employment contract?
To watch previous episodes please view the videos below;
In China and the UK, what content should be included in all employment contracts? Episode two
In China and the UK, can we sign a contract in another foreign language? Episode four
