Answer: Some employers buy commercial accident insurance for their employees in addition to work injury insurance. It is a common question whether the employer can use the commercial insurance compensations to substitute or offset partial or full amount of the work injury compensations it bears, or, from the other perspective, whether the employees are entitledRead more about 103.Can commercial accident insurance for employee offset employer¡¯s work-related injury liabilities?[…]

Answer: Employers are obligated to purchase the “five insurances and one fund” for most of their employees. However, for employees on casual hours, employers are only required to purchase work injury insurance, and for foreign employees, there is no mandatory requirement to purchase the housing provident fund. The term “five insurances and one fund” refersRead more about 82.What types of social insurance should employers buy for employees?[…]

Answer: Although an employment contract may specify the wages that the employer should pay, yet the employer is entitled to lawfully deduct certain items that the employee is required to contribute or pay, such as for social insurance and personal income tax. The calculation of the wage the employee receives is equal to due wageRead more about 83.How are employees’ received wages calculated?[…]

Answer: Whether your remuneration is under the minimum wage protection first depends on the contractual provisions agreed by the parties. If the contract between the two parties stipulates a remuneration higher than the minimum wage, of course, the company must abide by the contractual provision. However, if there is no contractual agreement on remuneration betweenRead more about 84.My wages is lower than than the minimum wage. Is this legal?[…]

Answer: According to the Provisional Regulations on Wage Payment and the regulations by the Ministry of Human Resources and Social Security on the COVID-19 epidemic, for the first month of lockdown, employers are obligated to pay employees according to the wage standard stipulated in employees¡¯ individual employment contracts (or actual wages, whichever is higher). ForRead more about 85.Should employers pay wages to employees during an epidemic lockdown?[…]

Answer: Whether the employer is in breach of employment law depends on the level of the employees¡¯ normal wages. If the employee’s normal wages far exceeds the local minimum wage, it is probably illegal for the employer to do so. The system of irregular or general work hours is essentially to adjust the standard workhourRead more about 86.Is it legal for employers to pay only the minimum wage during the central furlough period of irregular and general work hours?[…]

Answer: Different from standard hours system where wages are calculated based on work hours, piecework wage system is a type system where wages are calculated based on number of completed work units such as number of products completed on an assembly line or number of newspapers delivered to customers. It reflects the the principle ofRead more about 87.How do I calculate the wages of employees under the piecework wage system?[…]

Answer: As explained in ¡°How do I calculate the wages of employees under the piecework wage system?¡±, employees¡¯ wages under a piecework wage system are determined by piecework quota and piecework unit price, normally dictated by employers. The reasonableness of the two, therefore, is vital. If piecework quota and piecework unit price are applied inRead more about 88.Are the piecework quota and piecework unit price set by the employer reasonable?[…]

Answer: Package wage system refers to the wage system where employees¡¯ monthly wages, agreed upon by the employers and employees, include a certain number of overtime hours as part of the packaged pay. Instead of providing additional overtime pay after employees did overtime work within the agreed number of overtime hours, the employers pay aRead more about 89.How are wages calculated under package wage system?[…]

Answer: Whether your employer is lawful to do so depends on whether the nature of you being on night duty falls under overtime work. As for whether an employee being on night duty under a standard work hour system (such as permanent, fixed term, labor dispatch, or assignment contract) falls under overtime work, current practicesRead more about 90.I sometimes need to be on night duty. The employer only pays a trivial night allowance. Is this legal?[…]