Something You Should Know about Hiring and Firing an Ayi

  • Is hiring or firing an Ayi (Someone who do your cleaning, cooking or baby sitting)  bound to Labour Rules?

            No,  the relation between the family and its Ayi is not a labour relation. CONTINUE READING…

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Could Labour Rules Apply to Foreign Labourer?

In  every labour contract, there are statutory clauses and promissory clauses. The statutory clauses shall be stipulated  in accord with labour law, and the promissory clauses could be stipulated by contractual parties with free will as long as they don’t violate other laws in China.

The difference  between Chinese labourer and Foreign labourer when concluding a labour relation in China is the foreign labourer has more promissory areas. Due to statutory rules are used to protect labourer, the Chinese labourer is protected more.

Statutory areas for Chinese labourer Statutory Areas for foreign labourer
  National Rules Shanghai Rules
Minimum Wages
Working Time ×
Rest and Vacation
Safety and sanitation
Social insurance ×
Arbitration and Litigation
Termination and Revoke of labour contract × ×
Compensation × ×
Probation Period × ×

*When I talked about statutory areas,  I don’t mean the entire area is statutory, it’s just there are certain rules in this area shall be complied with. For example,  about the working time, the law just draws up the maximum working hour per day and per week, any agreement lower than this maximum limitation is allowed.

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Applicable Labour Rules

National Rules and Loacal Rules:

       The labour rules in China are a big family. There are national rules which could apply to entire China, and also there are local rules which only apply to local labour relation. Sometimes, the local rules may conflict with national rules. Even according to legislation  law, we shall apply to national rule when there are conflicts, the local authorities prefer local rules.

New Rules and Old Rules

       Due to there are a lot of revolutions of labour law in China,  we shall know which rules are applicable—new rules or old rules?

       New rules are only apply to the labour relations  after they are promulgated.

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Part Time (Non-Full-Time) Labour Relation

Part Time labour  is also governed by labour contract law, but it is quite different from full time labour:

  • The working hour system of part time labour:

            1. The remuneration is generally calculated on hourly basis;

            2. The average working hours of a worker per day shall not be more than four hours and the cumulative working hours per week for the same employer shall not be more than 24 hours; CONTINUE READING…

Posted in Basic Concepts, Insurance, Probation Period, Termination and Revoke of the Labour Contract, Wages, Working Hours, Rest and Vacation | Comments Off
 

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