Find useful legal information for your business in China!

51.Can employees’ time-off in lieu be used to offset overtime hours?

51.Can employees’ time-off in lieu be used to offset overtime hours?

Answer: So-called time-off in lieu offsetting overtime hours is that an employee takes alternative leave after overtime work and consequently the employer do not have to pay overtime wages for those hours. Obviously, it is one of the preconditions for accurately calculating the overtime wages of employees to distinguish different types of overtime and findRead more about 51.Can employees’ time-off in lieu be used to offset overtime hours?[…]

52.I am an employee. What kind of paid annual leave do I get?

52.I am an employee. What kind of paid annual leave do I get?

Answer: Paid annual leave refers to the paid leave that employees, who meet certain conditions, are entitled to for their health, well-being, and work-life balance. Whether employees are entitled to annual leave treatment from their employer should first depend on the type of their employment contract; casual workers are not entitled to paid annual leave.Read more about 52.I am an employee. What kind of paid annual leave do I get?[…]

53.I am an HR manager. How do I calculate employees¡¯  unused annual leave pay from last year?

53.I am an HR manager. How do I calculate employees¡¯ unused annual leave pay from last year?

Answer: The Regulations on Paid Annual Leave for Employees stipulates that annual leave can be arranged to be taken in the year after the year the employee become entitled to the leave, or be encashed into unused annual leave pay.This is the limitation of arbitration for paid annual leave. You should calculate and manage employees¡¯Read more about 53.I am an HR manager. How do I calculate employees¡¯ unused annual leave pay from last year?[…]

54.I am an employee. Will my unused annual leave from past years expire?

54.I am an employee. Will my unused annual leave from past years expire?

Answer: In the article, ¡°I am an HR manager. How do I calculate employees’ unused annual leave pay from last year?¡± we explained the calculation of the unused annual leave pay for the previous year. But a headache is that employees sometimes accumulate unused annual leaves from several past years. Due to the one-year limitationRead more about 54.I am an employee. Will my unused annual leave from past years expire?[…]

55.I am sick, how should I apply for leave from the employer?

55.I am sick, how should I apply for leave from the employer?

Answer: An employee who falls ill and cannot go to work should endeavour to apply for sick leave, because this causes certain degree of inconvenience and disruption to the employer¡¯s business operation, although absence due to sickness is understandable. Leave due to illness shall be handled in accordance with the company rules, employment contract agreements,Read more about 55.I am sick, how should I apply for leave from the employer?[…]

56.I am an employee. How many days of paid sick leave am I entitled to?

56.I am an employee. How many days of paid sick leave am I entitled to?

Answer: According to the 1994 Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-Work-Related Injuries issued by the former Ministry of Labor, paid sick leave refers to the right of employees to receive paid time off when they are personally ill (excluding occupational diseases caused by work) or injured (excluding work-related injuries).Read more about 56.I am an employee. How many days of paid sick leave am I entitled to?[…]

57.How should our company pay our employees during their sick leave?

57.How should our company pay our employees during their sick leave?

Answer: Apart from the entitled number of days of medical care leave, the second issue is how employees’ pay is treated during this period. In Shenzhen City, according to the ¡°Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-Work-Related Injuries¡±, the pay for employees during the medical care leave is set atRead more about 57.How should our company pay our employees during their sick leave?[…]

58.Do casual employees and employees on Irregular s and General Work Hours have medical leave entitlement when they are sick?

58.Do casual employees and employees on Irregular s and General Work Hours have medical leave entitlement when they are sick?

Answer: Whether casual employees are entitled to sick leave, as full-time employees are, is not explicitly stated in the laws and regulations. Employers are only required to contribute to work injury insurance and bear the responsibility for work-related compensations for casual employees, without the obligation to contribute to other types of social insurance programs, includingRead more about 58.Do casual employees and employees on Irregular s and General Work Hours have medical leave entitlement when they are sick?[…]

59.How long medical care leave can an employee with a cancer get?

59.How long medical care leave can an employee with a cancer get?

Answer: Regarding the matter of medical care leave for employees with cancers or other special diseases, former Ministry of Labor¡¯s 1994 ¡°Notice on Implementing the Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-work-related Injuries¡± has provided ambiguously for a 24-month medical care leave. This document and provisions have led to aRead more about 59.How long medical care leave can an employee with a cancer get?[…]

60.What should I do if an employee of my company has not recovered after the expiration of the medical care leave?

60.What should I do if an employee of my company has not recovered after the expiration of the medical care leave?

Answer: The law stipulates that the purpose of the medical care leave for illness or non-work-related injuries is, on the one hand, to ensure employees¡¯ entitlements to medical care leave during the period of treatment for the sick or injuries and, on the other hand, to set an upper limit of liability for the employer,Read more about 60.What should I do if an employee of my company has not recovered after the expiration of the medical care leave?[…]