Population and Family Planning Law of the People’s Republic of China

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) CONTINUE READING…

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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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Maternity Leave of Foreign Women in China (Q&A)

 – 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 which only apply to chinese people.
 – Is it correct that I can have 6 more months off with 80% of my salary and my employer will take me when I am back?
I guess you talk about suckling leave, it’s about 6 months and a half, however, it’s not compulsive, which means you could apply for it, but your employer could refuse.
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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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Paid Annual Leave

            Annual leave is the holiday with salary.  During Annual leave, the employee shall be paid just the same as normal working days.

  • Which kind of employee could ask for paid annual leave?

            The employee who has been working for a consecutive period of more than one year shall be entitled to paid annual leave.  This is a fundamental requirement for annual leave.

             It’s no doubt that working with one employer for more than one consecutive year could meet the requirement of annual leave. Furthermore, it’s also acceptable the employee works with more than one employers for more than one consecutive year, if there is no time gap among different employers.

            However, due to the regulation is somehow vague,  it’s controversial when there is time gap of changing  job.

  • Which kind of employees could not claim for annual leave?
  1.  The employee already has summer or/and winter vacations which are longer than annual leave.
  2.  The employee has accumulatively taken more than twenty days of casual leave and the employer hasn’t reduced his/her wage level thereof in accordance with the regulation.
  3.  The employee with service period of one full year but less than ten years has accumulatively taken more than two months of sick leave.
  4.  The employee with service period of ten full years but less than twenty years has accumulatively taken more than three months of sick leave.
  5. The employee with service period over twenty years has accumulatively taken more than four months of sick leave.
  • How long the annual leave would be?
Cumulative working years Paid annual leave
1 year ≤years <10 years 5 days
10 year ≤years <20 years 10 days
≥20 years 15 days
  • the definition of  cumulative working years

         The cumulative working years includes the working time with the employee’s current employer and his/her  past employers.

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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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The Length of Medical Treatment Period in China

       The sick leave system is established for employees who are suffering from illness or non-work-related injuries. During the  medical treatment period, an employer shall not terminate the labour contract and must pay for the sick-leave wage. CONTINUE READING…

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China’s Official Holiday System

1.  Official Holidays for all the citizens in China:

  •  a one-day holiday on New Year (January 1)
  •  a three-day holiday on Spring Festival ( The lunar New Year’s Eve, lunar New Year’s day and lunar  January 2) CONTINUE READING…
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Working Time System in China

There are three types of working hour systems in China. They are the standard working hours system,  the irregular working hours system and the comprehensive working hours system.  The standard working hours system is the principle system, which widely applies to enterprises and institutions. The other two systems are applicable to special working areas  and particular work positions.

  1. Standard Working Time System: Workers  shall not work  more than 8 hours  a  day and shall not work more than 40 hours a week;  workers have at least one day off per week. CONTINUE READING…
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