Employment & labor disputeYour current position:Home >> Employment & labor dispute

China labor law: part 3

Time:2014-03-13 Hit:942

China labor law: part 3

Public holiday:

The article 40 of China Labor Law states that an employee shall have holidays on the following festivals:

  1. New year's Day
  2. Traditional Spring Festival
  3. International Labor Day
  4. National Day
  5. Other festivals which should be holidays as stipulated by laws and statuary regulations

   When such holidays happen to be on a weekly rest day, an extra weekday holiday should be given. More specific provisions can be found in the Measurements for Holiday Leave in National Public Holidays, Festival Days and Commemoration Days (revised in December 2007)

   Other statutory holidays apply only to some employees, such as Women's day on 8 March for female workers, Children's Day on 1 June which may, in consideration of China's one-child policy, Commemoration Day for the founding of the People's Liberation Army on 1 August for the army and other military agencies.

Overtime pay:

   The standard of the overtime pay stipulated according to China Labor Law are as follows:

  1. When arranging a worker to work overtime, no less than 150% of the normal wage shall be paid
  2. When arranging a worker to work during rest days and where such rest days cannot be postponed and taken at another time, not less than 200% of the normal wage shall be paid;
  3. When arranging a worker to work during an official public holiday, not less than 300% of the normal wage shall be paid

Severance pay:

   Employees, whose labor contracts are terminated by an employer with the employee's agreement; whose labor contracts are terminated with 30 days notice; and whose labor contracts are terminated due to redundancy, are eligible for, or entitled to, severance pay under the 1994 Economic Compensation for breach and Termination of Contracts Provision issued by the former Ministry of Labor. Upon the termination of the labor contract by the employer with the agreement between the parties, the employer has to pay economic compensation equal to one month's wages for every full year of work, up to a maximum of 12 months according to the employment term.

   Employees whose labor contract has been terminated by the employer due to a reduction of personnel or due to the change of the objective circumstances on which a labor contract has been concluded are entitled to compensation equal to one month's wages for every full year of work.

  Upon implementation of the Labor Contract Law commenced from 1 January 2008, an employer shall also make severance pay to an employee under the circumstances where the employee without 30 days notice terminates a labor contract.

Annual Leave:

   Annual vacation with pay for employees has been widely implemented since the China Labor Law came into effect. The period of a vacation varies from region to region. Employees who have worked continuously for more than one year shall be entitled to a paid annual vacation. The length of the vacation depends upon the length of service with the employing units. In 2007, the State Council promulgated Regulations on Paid Annual Leave for Employees, according to which if an employee has worked continuously one full year but less than 10 years, the annual paid leave is 5 days; if an employee has worked 10 full years but less than 20 years, the annual paid leave is 10 days; if an employee has worked for 20 full years, the annual paid leave is 15 days.

Marriage leave, bereavement leave or maternity leave:

   The employer shall pay wages in accordance with the law to its workers for marriage or bereavement leave and for the period of participation in social activities in accordance with the law.

  Three days of marriage leave is granted. Due to the childbirth control in China, late marriage is encouraged by granting an additional seven days to a woman who get married after the age of 23, or men who get married after the age of 25.

  Normally, one to three days are given to close relatives of the deceased for attending the funeral.

  Ninety days of maternity leave are granted to female employees in accordance with Rules on the Labor Protection of Female Workers. For different childbirth, an extra 15 days' leave is granted. For multiple births, an extra 15 days leave for each additional baby born must be given. In the case of a miscarriage, extra leave can be given according to medical advice.  

Social activities:

  Participating in social activities during the working hours is deemed to be the equivalent of the time spent as working time and is paid accordingly. The activities defined by the Payment of Wages Tentative Provisions of 1994 as follows:

  1. Exercising the lawful rights to vote or stand for election
  2. When elected as a representative to attend meetings convened by organizations such as the government at the district level or above, political parties, trade unions, etc.
  3. Acting as a witness at a people's court
  4. Attending a model worker or advanced worker's meeting
  5. As a member of the trade union committee at grass root level participating in trade union activities, according to the trade union law
  6. Other social activities which can be participated in lawfully

shanghai attorney