-
Do employers have to pay compensation for not renewing a contract?
December 17, 2024
According to Article 46 of the Labor Contract Law, when a fixed-term labor contract is terminated, the employer must pay economic compensation
-
Is it legal to fire a pregnant employee?
December 02, 2024
The Article 27 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests prohibits any employer from reducing a female employee's wages, dismissing her, or unilaterally terminating her employment contract due to marriage, pregnancy, maternity leave or breastfeeding.
-
Is an open-ended contract mandatory after 2 fixed-term contracts?
November 22, 2024
Once two consecutive fixed-term employment contracts have been signed, the employer is prohibited from opting for another fixed-term contract.
-
Do employees need to pay liquidated damages if they resign?
October 28, 2024
According to Article 22 of the Labor Contract Law of the People's Republic of China, if an employer provides specialized funding for an employee's professional training, the employer may sign an agreement with the employee specifying a required service period.
-
Can a letter of appointment substitute for a labor contract?
October 18, 2024
A letter of appointment commonly only specifies the position being offered and omits key provisions such as contract duration, job responsibilities and pay. As such, it does not meet the formal requirements of a labor contract.
-
Issuing a resignation certificate – a right or an obligation?
October 11, 2024
An employer must issue a written certificate of revocation or termination of the labor contract after the employment relationship with the employee ceases. This is a legal obligation of the employer – not a right of the employer over the employee.
-
Is working on a rest day considered overtime or on-call duty?
October 09, 2024
There is no clear legal definition of whether working on a rest day qualifies as overtime or on-call duty. Typically, completing tasks is classified as overtime, while performing non-productive, temporary work may be considered on-call duty.
-
Are weekends counted as part of annual leave?
October 09, 2024
According to the Regulations on Paid Annual Leave for Employees, state-mandated leaves – such as home leave, marriage leave, bereavement leave, maternity leave and paid leave for work-related injuries – are excluded from annual leave.
-
Circumstances recognized as work-related injuries
September 30, 2024
Determining which injuries qualify as work-related is the prerequisite for recognizing a work-related injury and this is generally stipulated directly by law.
-
How expats can access unemployment insurance benefits in Shanghai
September 29, 2024
The question is commonly asked whether foreigners employed in China can claim unemployment insurance benefits – and the answer to that is a definite Yes.
