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 averaRead the rest of this entry »

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. How long a medical treatment period could be?        The length of a medical treatment period depends on the working seniority of the employee. Under national law, a medical treatment period ranges  from 3 to 24 months, depending on both the number of years the employee has worked for the employer and his/her total years of work experience. total years of work experience Years of Consecutive Service for Read the rest of this entry »

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)     a one-day holiday on Tomb Sweeping Day(or the Qingming Festival)     a one-day holiday on May Day ( May 1)     a  one-day holiday on Dragon Boat Festival (Lunar May 5)     a one-day holiday on Mid-Autumn Festival (Lunar August 15)     a three -day holiday for National Day (October 1, 2, 3) 2.  Official holidays for partial citizens in China: women enjoy a half-day off from work on International Women's Day on March 8; youthRead the rest of this entry »
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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. 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.  Enterprises which cannot meet the above requirements must obtain government's approval for irregulRead the rest of this entry »

The Time Limit for Lodging an Arbitration of Labor Disputes

What's the Duration  of  lodging an labour arbitration (hereinafter referred to as the Duration)?             One year. 2.   What's the starting-point of the Duration? The starting-point shall be the date that the parties know or shall have known the infringement of their rights. 3.   The re-caculation of the the Duration. The Duration  shall be re-caculated where  either party claims its rights against the other party; or seeks to  the  relevant department for the right of relief; or the other party agrees to perform its obligations. 4. The suspension of the Duration Where the parties cannot apply for arbitration within the DurationRead the rest of this entry »

Regulation on the Implementation of the Employment Contract Law of the People’s Republic of China

Order of the State Council of the People’s Republic of China (No.535) The Regulation on the Implementation of the Employment Contract Law of the People’s Republic of China, which was adopted at the 25th executive meeting of the State Council on September 3, 2008, is hereby promulgated, and shall come into force on the date of promulgation. Premier Wen Jiabao September 18, 2008 Regulation on the Implementation of the Employment Contract Law of the People’s Republic of China Chapter I General Provisions Article 1 This Regulation is formulated to implement the Employment Contract Law of the People’s Republic of China (hereinafter referred to as Read the rest of this entry »

Announcement of the State Council on the Regulations of Paid Annual Leave of Employees

Order of the State Council [2007] No. 514 December 14, 2007 The Regulations of Paid Annual Leave of Employees adopted at the 198th General Meeting of the State Council on December 7, 2007 are hereby promulgated and shall be effective as of January 1, 2008. Primer: Wen Jiabao, Appendix: Regulations of Paid Annual Leave of Employees Article 1 These Regulations are formulated in accordance with the Labor Law and the Public Servants Law in order to protect the rights to rest days and annual leave of employees and deploy employees to actively discharge their duties. Article 2 The employees of units such as authorities, organizations, enterpriseRead the rest of this entry »

Law of the People’s Republic of China on Mediation and Arbitration of Labour Disputes

(Adopted at the 31st Session of the Standing Committee of the 10th National People's Congress on December 29, 2007) Chapter I: General Provisions Chapter II: Mediation Chapter III: Arbitration Section 1 General Provisions Section 2 Application and Acceptance Section 3 Hearing and Award Chapter IV: Supplementary Provisions Chapter I: General Provisions Article 1 The Law is formulated in order to fairly and timely resolve labor disputes, protect the lawful rights and interests of the parties and promote harmonious and stable labor relations. Article 2 The Law shall apply to the following labor disputes between employing units and laborers wiRead the rest of this entry »

Labor Contract Law of the People’s Republic of China

Labor Contract Law of the People’s Republic of China Adopted at the 28th Session of the Standing Committee of the 10th National People'S Congress of the People'S Republic of China on June 29, 2007 and shall enter into force as of January 1, 2008       Chapter I General Rules Article 1 This Law is enacted and formulated in order to improve the labor contract system, specify the rights and obligations of both parties to the labor contracts, protect the legitimate rights and interests of the workers and construct and develop a harmonious and steady employment relationship. Article 2 The establishment of employment rRead the rest of this entry »

Labour Law of the People’s Republic of China

ISSUED: Adopted at he Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No.28 of the President of the People's Republic of China on July 5, 1994, and effective as of January 1, 1995 Contents Chapter 1 General Provisions Chapter 2 Promotion of Employment Chapter 3 Labour Contracts and Collective Contracts Chapter 4 Working Hours, Rests and Leaves Chapter 5 Wages Chapter 6 Labour Safety and Sanitation Chapter 7 Special Protection for Female Staff and Workers and Juvenile Workers Chapter 8 Vocational Training Chapter 9 Social Insurance and Welfare Chapter 10 Read the rest of this entry »
 

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