Overtime Salary

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 employees could have triple salary than normal working day when they didn’t take the annual leave.

However, could they also have triple salary for working during the extra annual leave?

For example, the labor law said employee  A could have 5 days annual leave, but the employer offer 7 days, could the employee A asks triple salary for extra 2 days? The law is not certain about it. It’s better stipulate the compensation rules in labor contract for extra annual leave.

4.Normal Working Day

Employees who work extra time on working days could have complementary rests. If the employees refuse to have complementary rests, the employer has to pay 150% salary.

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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…

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Sick Leave Wages

For the sick leave wages, the law and regulation only established the minimum amount, so the emloyer could pay more if they want to.

Under national law, the minimum amount of sick leave wages is  80% of the minimum wages required by local regulation.

However, the minimum amount of the sick leave wages in Shanghai is fluctuant. The way to caculate the minimum amount is a little complicated.

  • Caculation Formula: sick leave wage=wage base * coefficient
  • The range of minimum amount: 80%*local minimum wage≤minimum amount of sick leave wage≤ average wage of last year

            Thus, when sick leave wage caculated by the formula above  is higher than the average wage of last year, the employer could choose the average wage as sick leave wage.Bounce House

  • Wage base ≥local minimum wage

              Where the wage is setforthed in labour contract, the wage is wage base; where the wage is not stipulated in labour contract, the wage base is equal to 70% of the normal monthly income.

  • The coefficient depends on the years of working and the length of the sick leave has been taken
  Years of consecutive service(social working experience) coefficient
 If the employee consecutively  takes leave of  less than 6 months < 2 years 60%
2–4 years 70%
4–6 years 80%
6–8 years 90%
> 8 years 100%
If the employee consecutively  takes leave of more than 6   months < 1 year 40%
1–3 years 50%
> 3 years 60%
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