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Category: Q&A on Chinese Labor Law Practice

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.

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62.I suffer from a chronic illness and am currently in a lawsuit with my employer. Must I go to work?
17 Jan
Posted in Chapter 3 Employee Entitlements

62.I suffer from a chronic illness and am currently in a lawsuit with my employer. Must I go to work?

Answer: An employee must abide by the employer’s company rules during the employment relationship. If you are sick and unable to go to work, you should communicate with your employer in a timely manner and provide a medical leave certificate from the medical institution so that you may take leave and get sick leave treatments.Read more about 62.I suffer from a chronic illness and am currently in a lawsuit with my employer. Must I go to work?[…]

63.What circumstances should be identified as work-related injuries?
17 Jan
Posted in Chapter 3 Employee Entitlements

63.What circumstances should be identified as work-related injuries?

Answer: Identification of work-related injuries is a complex problem in practice. work-related injuries normally include the following circumstances. The first situation is the most typical work-related injuries, including accidental injuries and occupational diseases that occur in workplaces during work time for work reasons. The second is accidental injuries on the way related to work, includingRead more about 63.What circumstances should be identified as work-related injuries?[…]

64.What is occupational disease?
17 Jan
Posted in Chapter 3 Employee Entitlements

64.What is occupational disease?

Answer: Occupational diseases are specific diseases that employees suffer from due to their work in employment. According to the 2018 Occupational Disease Prevention and Control Law, whether an employee’s illness is an occupational disease depends on two conditions being met at the same time: one is that the illness is caused by “occupational activities”, andRead more about 64.What is occupational disease?[…]

65.What types of diseases are occupational diseases?
17 Jan
Posted in Chapter 3 Employee Entitlements

65.What types of diseases are occupational diseases?

Answer: According to the provisions of the Classification and Catalogue of Occupational Diseases in 2013, occupational diseases include: occupational pneumoconiosis and other respiratory diseases, occupational skin diseases, occupational ophthalmopathy, occupational ear, nose, throat, and oral diseases, occupational chemical poisoning, occupational diseases caused by physical factors, occupational radiation disease, occupational infectious disease, occupational tumor and otherRead more about 65.What types of diseases are occupational diseases?[…]

66.What are the entitlements for employees with work-related injuries or occupational diseases?
17 Jan
Posted in Chapter 3 Employee Entitlements

66.What are the entitlements for employees with work-related injuries or occupational diseases?

Answer: The entitlements for employees with work-related injury and occupational disease are collectively referred to work injury entitlements under employment law. Employers should treat all types of employees who suffer from work-related injuries and occupational disease equally, including casual employees and employees on irregular and general work hours. The work injury entitlements include two parts:Read more about 66.What are the entitlements for employees with work-related injuries or occupational diseases?[…]

46.How to establish more reasonable legal rules for judging the invalidity of labor dispatch?
16 Jan
Posted in Chapter 2 Employment Commencement

46.How to establish more reasonable legal rules for judging the invalidity of labor dispatch?

Answer: As shown in Is my labor dispatch contract invalid? there is a framework defect in the law of invalidity of labor dispatch in China, and this answer article analyses and deduces a more reasonable framework to assess the invalidity of labor dispatch. Combined with the analyses of the current judicial decisions and according toRead more about 46.How to establish more reasonable legal rules for judging the invalidity of labor dispatch?[…]

45.Is my labor dispatch contract invalid?
16 Jan
Posted in Chapter 2 Employment Commencement

45.Is my labor dispatch contract invalid?

Answer: Labor dispatch contract means that a human resources company (dispatch employer) signs an employment contract with an employee, and the employee is dispatched to work for a third-party company (the host employer). In principle, you should be an employee of the human resources company. However, in practice, labor dispatches are often be considered invalidRead more about 45.Is my labor dispatch contract invalid?[…]

25.What liability should an employer bear if it reneges on its wage commitment to an employee candidate?
16 Jan
Posted in Chapter 2 Employment Commencement

25.What liability should an employer bear if it reneges on its wage commitment to an employee candidate?

Answer: Employment law does not have a specific provision regarding the consequences if an employer reneges on its commitment after finalizing an employment contract. But from civil law angle this employer ought to assume the “contractual negligence liability ” under Chinese civil law, namely liability of one party who violates the basic principle of goodRead more about 25.What liability should an employer bear if it reneges on its wage commitment to an employee candidate?[…]

26.The starting time specified in my employment contract differs from my actual work start. When did my employment relationship commence?
16 Jan
Posted in Chapter 2 Employment Commencement

26.The starting time specified in my employment contract differs from my actual work start. When did my employment relationship commence?

Answer: To determine when the employment relationship between you and the employer begins, you need to consider both the agreements in the employment contract and the actual commencement time of your work. The commencement of employment relationships is not necessarily determined by the signature of the employment contract. There are three situations in determining theRead more about 26.The starting time specified in my employment contract differs from my actual work start. When did my employment relationship commence?[…]

27.How should we as an employer set up and maintain our employees’ employment files?
16 Jan
Posted in Chapter 2 Employment Commencement

27.How should we as an employer set up and maintain our employees’ employment files?

’Answer: Employers are rightfully obligated to provide a certificate of dissolution or termination of an employment relationship if the employment is dissolved or terminated, and to process the transfer of the employee¡¯s personnel file and social insurance. Employers should also keep employment contracts and wage payment records for at least two years after employees leaveRead more about 27.How should we as an employer set up and maintain our employees’ employment files?[…]

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