China’s employment law is a law that confuses many foreign investors or foreign employees in China. They feel that the legal provisions of the employment law are inconsistent with court decisions, and a same situation often leads to an opposite result. In my two decades as a Chinese lawyer and part-time labor arbitrator, I have often felt this confusion.
Answer: Whether you have the right to bereavement leave depends first on what type of employee you are. If you are a casual employee, you are probably not entitled to bereavement leave. If you are an employee of irregular or general work hours, dispatched employee, or assignment contract employee, you should have the same bereavementRead more about 77.I am an employee. What bereavement entitlements do I have?[…]
Answer: You are entitled to paid paternity leave from your employer when your wife gives birth. The number of days of paternity leave varies from place to place, for example, 15 days in Guangdong and Shandong provinces, and 20 days in Hunan and Sichuan provinces. The law does not clearly stipulate whether employees who doRead more about 78.My wife is about to give birth. What are my paternity leave rights?[…]
Answer: Most types of female employees, including those on irregular or general work hours and full-time standard hours system, are entitled to the same protection for female workers, including special protection for female workers, prenatal examination, maternity leave, and expenses related to childbirth. Article 6 of Special Provisions on Labor Protection for Female Employees providesRead more about 79.I’m a pregnant employee. What are my rights?[…]
Answer: According to the Special Provisions on Labor Protection for Female Employees, employers must not cut the pay, terminate the employment contract, or dismiss female employees because they are pregnant, have given birth, or are feeding infants. For employees who have been pregnant for over seven months, the employer must not arrange overtime work orRead more about 80.What are the special protections for female employees under employment law?[…]
Answer: At present, employment law and relevant regulations do not provide for paid work breaks, although work-breaks are statutory rights of employees. The judicial practices around the country generally treat work breaks as unpaid. The explanatory definition of article 3 of the Labor, as indicated in the ¡°Interpretation of the Labor Law of the People¡¯sRead more about 81.I am an employee. What is my work break entitlement?[…]
Answer: According to Chinese Employment law, a full-time employee usually has the following basic rights: paid public holidays, overtime pay or leave for working on public holidays, overtime pay or time-off in lieu for working overtime on weekdays and weekend days, paid annual leave, paid bereavement leave, paid breaks, unpaid lunch breaks, maternity and paternityRead more about 47.As an employee, what are my basic vacation rights?[…]
Answer: Current public holidays in China include: New Year’s Day (January 1), Spring Festival (the first, second and third day of the first lunar month), Qing-Ming Day (the day for Tomb Sweeping in the lunar calendar), Labor Day (May 1), Dragon Boat Festival (on the day of Dragon Boat Festival in the lunar calendar), Mid-AutumnRead more about 48.What are the public holidays for Chinese employees?[…]
Answer: What introduce below is the overtime wage computation of standard hour system, include permanent employment contracts, fixed-term contracts, labor dispatch, and assignment contract. There are three kinds of overtime wages for employees, namely, overtime wages on weekdays, weekend days, and public holidays. These three types of overtime pay depends on the overtime hours ofRead more about 49.I am an HR manager. How do I calculate overtime pay for employees?[…]
Answer: Special workhour systems include casual hours, irregular, and general work hours. They have different rules for calculating overtime pay. The practices of courts vary from place to place on whether the overtime pay to casual employees is applicable or not. One approach, as held by the courts of Guangdong Province and Shenzhen City, isRead more about 50.How do I calculate overtime pay under the special workhour systems (such as irregular work 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?[…]
