Answer: The Labor Dispute Mediation and Arbitration Law stipulates that the time limit for filing employment arbitration is one year, which is the so-called limitation of labor dispute arbitration. That is to say, the period for which employees may claim double-wage damages should be one year before the date of applying for employment arbitration. TheRead more about 33.Is it too late for me to claim the double-wage damages?[…]

Answer: It is illegal for the employer to do so. Article 9 of the Employment Contract Law stipulates that employers shall not collect deposits or retain employees’ certificates (including professional qualification certificates). Article 84 stipulates that if the employer violates the provisions, it must return the deposit and certificate to the worker. The labor administrativeRead more about 34.Is it legal for the employer to collect my deposit and retain my certificate?[…]

Answer: Article 26 of the Employment Contract Law stipulates the circumstances for which an employment contract is invalid. If either party to the employment contract commits fraud, coercion, or vulnerability-advantage-taking, so that the other party signs the employment contract against its true intention, the employment contract shall be invalid. Any party can legally dissolve theRead more about 44.Is the employment contract I signed invalid?[…]

Answer: The Employment Contract Law set a new rule stipulating that if two consecutive fixed-term contracts have been signed and fulfilled, and both parties wish to continue the employment and the employee requests a permanent contract, the employer is obligated to sign a permanent employment contract with the employee.This rule, however, has led to conflictingRead more about 43.Should a permanent employment contract be signed after two fixed-term employment contracts?[…]

Answer: A permanent employment contract does not have a termination deadline, providing the highest employment security for employees. Employers are prohibited from terminating or dissolving employment relationships without legal reasons. According to the Employment Contract Law, an employer must sign a permanent employment contract with an employee under the following circumstances: The first circumstance isRead more about 42.Under what circumstances must employers sign permanent employment contracts with employees?[…]

Answer: Whether this kind of termination of employment is legal depends on the grounds on which the employee terminates. There are two kinds of circumstances. The first situation is that the employer terminates the employment relationship with an employee on the ground that the employee in the probation period does not meet the hiring requirements.Read more about 41.The employer notified the employee of termination only after the probation period. Is it legal?[…]

Answer: If the employee¡¯s position is changed within the same employer, according to the provisions of the Employment Contract Law, when the employer changes your position (such as promotion), the employer must impose a new probation period. If the position change is an internal transfer between subordinate enterprises within a group company, there are differentRead more about 40.Is it legal for the employer to set a second probation period for an current employee who is changing role?[…]

Answer: According to the Employment Contract Law, an employee can undergo only one probation period with a single employer. The legality of extending an employee’s probation period depends on the employee’s agreement, the nature of the extension, and whether it causes the probation period to exceed the statutory limit. If the employer unilaterally extends theRead more about 39.Our company is not satisfied with the performance of a newly recruited employee during the probation period and has extended his probation period. Is this legal?[…]

Answer: During the probation period, the employer assesses your work abilities, and you evaluate whether the employer aligns with your career development goals. Despite uncertainties, this period is integral to the duration of your employment relationship, and you remain protected by employment laws covering aspects such as minimum wage, employer contribution of social insurance, restRead more about 38.I am a newly recruited employee of the company. What rights and obligations do I have during the probation period?[…]

Answer: The length of the probation period you may agree with a newly recruited employee depends on the type of employee. For full-time employees, if the term of the employment contract is three months or more but less than one year, the probation period shall not exceed one month; if the term of the employmentRead more about 37.How long of a probation period can an employer provide for a newly recruited employee?[…]