Recently, I took a labor arbitration case of an alien suing a local WOFE. During this case, I got the chance to talk to labor arbitrator to learn more. I have to say that the legal practice is not so optimistic for foreign employees. There are lots of legal risks when a foreigner chooses to work in China, especially Shanghai. 1. Arbitration court respects the free will of foreign employee and local employer, which means what the employee and employer concluded in the labor contract are the most important. If the labor contract cannot protect the alien, then the labor law may also not. Certain labor rules are complusive in order to  protect the emplRead the rest of this entry »

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Someone is asking about the Paternity leave. I have to say, paternity leave and extra maternity leave are only happened to Chinese citizen. Paternity leave is only stipulated in local regulations of population and family planning to encourage Chinese citizen to get marry later and give birth later. The benefits is different in different areas, in Shanghai, paternity leave is 3 days, but in Guang Dong, there is no paternity leave.

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Jiang Zemin President of the People's Republic of China December 29, 2001 Population and Family Planning Law of the People's Republic of China (Adopted at the 25th Meeting of the Standing Committee of the Ninth National People's Congress on December 29, 2001) Contents Chapter I General Provisions Chapter II Formulation and Implementation of Plans for Population Development Chapter III Regulation of Reproduction Chapter IV Rewards and Social Security Chapter V Technical Services for Family Planning Chapter VI Legal Liability Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is enRead the rest of this entry »

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(Adopted at the 17th meeting of the Standing Committee of the Eleventh National People’s Congress on October 28, 2010) Contents Chapter 1 General Provisions Chapter 2 Basic Pension Insurance Chapter 3 Basic Medical Insurance Chapter 4 Work-related Injury Insurance Chapter 5 Unemployment Insurance Chapter 6 Maternity Insurance Chapter 7 Collection and Payment of Social Insurance Premiums Chapter 8 Social Insurance Funds Chapter 9 Handling of Social Insurance Chapter 10 Supervision of Social Insurance Chapter 11 Legal Liabilities Chapter 12 Supplementary Provisions Chapter 1 General Provisions Article 1 This Law isRead the rest of this entry »

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(Approved by the State Council on 3 December 1986 and Promulgated by the Ministry of Public Security and the Ministry of Foreign Affairs on 27 November 1986. Revised and Approved by the State Council on 13 July 1994 and Promulgated by the Ministry of Public Security and the Ministry of Foreign Affairs on 15 July 1994.) 　　Article 1 For entry to China, aliens shall apply for visas to Chinese diplomatic missions, consular posts or other foreign-base agencies authorized by the Ministry of Foreign Affairs of the People's Republic of China. 　　Aliens holding letters or telegrams from authorized organizations in China and ordinary passports issued by coRead the rest of this entry »

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According to Article 83 of  Labor Contract Law of the People’s Republic of China   " If any employer stipulates the probation period with any worker in violations of this Law, it shall be ordered to make a correction by the labor administration department. If the illegally stipulated probation has been performed, the worker shall be paid compensation by the employer in light of the time worked on probation beyond the statutory probation period, at the rate of the worker’S monthly salary after probation." According to Labour contract Law, under the following circumstances, the employer should bear the compensation: the agreed probation time is longer Read the rest of this entry »

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1. Official Holiday Employees who work on official holiday could have triple salary, and the employer could not replace the triple salary with complementary rests. 2. Double Cease Employees who work on double cease could have complementary rests. If the employees refuse to have complementary rests, the employer has to pay double salary. 3. Annual Leave The chinese employer may offer longer annual leave to foreign employee, due to the foreigners are accustomed to the holiday system of their own country. It is lawful when employee benefits package is  better than compulsive law standard. Thus, extra annual leave is legal. Usually, the emploRead the rest of this entry »

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 - How many percent of my salary should I get for the maternity leave and during how long? Every employee in China is entitled to maternity leave. However, about the salary of maternity leave, it depends. In Shanghai, you may get nothing, in Guang Dong, you may get full salary. Labor law practice is totally different in different areas. Maternity leave is 98 days, usually 15 days before giving birth and 83 days after it.  - Who is paying it? If you don't have social insurance, your employer shall pay for it.  - Is it correct that if i am older than 26 years  old I can have one month more of maternity leave? No, this is part of one child policy Read the rest of this entry »

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In this post, social insurances indicates  employment related social insurances only. (There are also other social insurances in China, which may be related to farmers or students.) 1. Defination of Social Insurance System It is a social security system built by compulsive law to protect labourer when they are getting old, sick, unemployed, etc. 2. Types of Social insurance Five types:  employment injury insurance, basic endowment  insurance, medical  insurance, unemployed insurance and maternity insurance. 3. Types of Workers In Shanghai, with "hu kou"（户口), the policy divides workers into  local workers and migrant worker, and migrant Read the rest of this entry »

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Someone emailed me to ask about the recruitment, then I realise I need to write something about it, because this is a very important part before concluding a labour contract, lots of potential legal risks, but few rules or regulations. Risk 1: Vague Recruitment Requirements on Recruitment Advertisement           Recruitment Requirements are something  the employer could count on when it wants to fire an employee during probation period. Thus, the employer needs: 1) to detail the common requirements on recruitment ad, such as good health, honest, education, working experience, working time, etc. 2) to detail the specific requirements of the positRead the rest of this entry »

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