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.

Is it legal to delay social insurance until after the probationary period?

September 20, 2024

As stipulated by law, a labor relationship is considered established from the start date of employment and the probationary period is included in the labor contract. Employers must complete social insurance registration within 30 days from the date of employment and begin making contributions in accordance with the law.

Is a first-year employee eligible for annual leave?

September 20, 2024

To be eligible for paid annual leave, an employee must have worked for the company continuously for over one year. Employees who have recently graduated and started their first job are not eligible for annual leave until their second year, when they meet the requirement.

Five key points about annual leave

September 20, 2024

Statutory holidays and regular rest days are not counted as part of annual leave. Additionally, state-mandated leave, such as home leave, marriage leave, bereavement leave, maternity leave, and paid suspension for work-related injuries, are excluded from annual leave.