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?[…]

Answer: The so-called standby work is a state of being on call at home, waiting for work arrangements. Compared to employees working night shifts at the employer’s workplace, this is a more flexible work arrangement. Whether wages should be paid for standby work first depends on whether there is an employment relationship between the twoRead more about 91.My company requires an employee to be on call at home. Should we pay her?[…]

Answer: Employees engaged in the same or similar work should receive the same or close remuneration. This is called equal pay for equal work in China’s employment law. The Employment Contract Law has two rules on equal pay for equal work: the first is that an employee¡¯s remuneration should be determined firstly by the provisionsRead more about 92.Female employees earn less than male employees. Does the employer violate the principle of equal pay for equal work?[…]

Answer: In normal circumstances, employers should refrain from contact their employees outside their normal work hours, as this can disrupt the employees¡¯ private time. However, in exceptional circumstances, an employer may still be entitled to contact its employee outside normal work hours. These circumstances include: emergencies, important situations require early notification or contact, employee absenceRead more about 93.Can employers contact employees outside work hours?[…]

Answer: The company rules of employers are the institutional documents for the company’s production and operation, and are the basis for disciplinary actions against employees’ misconduct. It should be noted that in addition to company rules, employment contract and professional ethics may also be the norms that can restrict behavior of employees. What kind ofRead more about 94.What kind of company rules are binding on employees?[…]

Answer: China’s Employment Contract Law allows employers to take disciplinary actions against employees. Disciplinary action is a measure taken by employer to punish employee’s misconduct according to the company rules, the employee’s employment contract, and professional ethics, so as to maintain the order of company¡¯s management, punish and warn the employee and help the employeeRead more about 95.Is it legally permissible for my employer to discipline me?[…]

Answer: Employment law and relevant laws and regulations do not have specific provisions on suspension investigation. Because an suspension may impose adverse effect to the employee¡¯s reputation and psychology, normally, the employer¡¯ initiation and conduct of suspension investigations on the employee must be fair and reasonable. From the perspective of case law, first decisions ofRead more about 96.Is it legal for my company to suspend an employee for a performance investigation?[…]

Answer: Whether employers are entitled to impose a fine, or economic penalty, on their employees is a controversial issue in the judicial practice. At present, courts around the country have two completely different practices. One practice is to consider that employers have the right to impose fines. These courts have held that the right toRead more about 97.Can an employer impose a fine on an employee and deduct their wages?[…]

Answer: The general principle of dealing with employers¡¯s losses caused by employees under China¡¯s employment law is to strictly examine the causes of losses and limit amount of compensation against employees. For example, Article 16 of the 1995 Provisional Regulations on Wage Payment, which is currently in effect, stipulates that if an employer suffers economicRead more about 98.Should an employee compensate the employer for the losses caused by their fault?[…]

Answer: Whether you should bear personal responsibility of loss compensation depends on whether the loss is related to personal injury or property damage. If it is related to property damage, the Tort Liability Law stipulates that the employer shall be liable for the tort committed by an employee acting their duty, therefore you are notRead more about 99.I had a traffic accident causing others¡¯ loss when delivering goods for my employer. Who, I or my employer, should compensate for the loss?[…]