Official Notice: Ministry of Human Resources and Social Security & Supreme People’s Court Jointly Release the Fourth Batch of Labor and Personnel Dispute Case Studies

Source: Mediation and Arbitration Administration Department
Release Date: April 16, 2025
Document No.: MOHRSS [2025] 28

To:
Human Resources and Social Security Departments (Bureaus) and High People’s Courts of All Provinces, Autonomous Regions, and Municipalities;
Military Courts of the People’s Liberation Army;
Human Resources and Social Security Bureau of the Xinjiang Production and Construction Corps;
High People’s Court of the Xinjiang Production and Construction Corps Branch.

In alignment with the Third Plenary Session of the 20th CPC Central Committee’s directives to improve labor relations consultation mechanisms and strengthen worker rights protection, and in furtherance of the Guidelines on Strengthening the Coordination Between Labor Dispute Arbitration and Litigation (MOHRSS [2017] No. 70) jointly issued by the Ministry of Human Resources and Social Security (MOHRSS) and the Supreme People’s Court, this notice releases the Fourth Batch of Labor and Personnel Dispute Case Studies. These cases aim to clarify legal standards for social insurance, non-compete obligations, and other critical issues, enhance the efficiency and quality of dispute resolution, and promote harmonious labor relations and social stability. All arbitration institutions and courts are advised to reference these cases in relevant proceedings.

Attachment: Labor and Personnel Dispute Case Studies (Fourth Batch)

Case Index

1. Can an Injured Employee Extend Their Medical Treatment Period Based on a Medical Certificate?

2. May an Employer Adjust Job Positions or Reduce Salaries Due to an Employee’s Pregnancy?

3. Are Surviving Family Members Entitled to Demand Compensation for Inadequate Death Benefits Due to Employer’s Failure to Pay Social Insurance?

4. Is an Employer Liable if Employees Voluntarily Assume Responsibility for Unpaid Social Insurance Contributions?

5. Is a Non-Compete Clause Valid if the Contracting Party Lacks Legal Standing?

Ministry of Human Resources and Social Security
Supreme People’s Court
April 9, 2025

(This document is publicly accessible.

https://www.mohrss.gov.cn/SYrlzyhshbzb/ztzl/ldrszytjzc/fgzc/202504/t20250416_540566.html)
(Contact: Mediation and Arbitration Department, MOHRSS)

Key Features for Global HR Professionals

This release provides critical guidance on resolving complex labor disputes in China, addressing issues such as medical leave extensions, workplace adjustments during pregnancy, social insurance liabilities, and non-compete enforceability. For international businesses operating in or partnering with Chinese entities, these cases clarify legal expectations and compliance standards, ensuring smoother cross-border HR operations.

Why This Matters to You?

• Navigate China’s evolving labor laws with authoritative interpretations.

• Mitigate risks in employee management and contractual agreements.

• Ensure compliance with social insurance and non-compete regulations.

Partner with Us
For tailored guidance on labor dispute resolution, compliance strategies, or cross-border HR collaboration in China, contact our team of experts today. Let us help you build a compliant and harmonious workplace.