What Laws You Should Know When Working In China
There are certain rules and regulations for foreigners working in China that must be understood by foreigners in order to guarantee that their legal rights are not infringed and they are not punished or arrested.
Upon completion of this article, you will be well-versed on the requirements for obtaining a Chinese work or residence visa:
One month should elapse between signing the employment contract and starting work.
Your monthly compensation should be doubled if the employer fails to execute a labor contract within one month of your request.
No more than six months may be spent on probation or trial.
There are three kinds of situations that might arise in the course of a worker's employment:
More than one month, but less than one year:
less than a year, but not more than three years:
3 years: maximum of 6 months
It is required that pension/endowment insurance be covered for a minimum period of 15 years.
Your retirement income will be reduced if you fail to pay your pension insurance premiums on a regular basis.
Medical insurance premiums must be paid within three months after signing up.
Otherwise, this insurance will no longer cover you.
An application for unemployment insurance cannot be older than 24 months.
The following three situations may be identified based on the total amount of payment time:
Receiving unemployment insurance payments in less than a year is possible.
Receive unemployment compensation within 18 months if you've worked fewer than 10 years but more than 5 years.
Over the course of the last ten years: get unemployment insurance benefits within the next two years
The average weekly working time is not more than 44 hours.
Employees typically work no more than eight hours a day, or 44 hours a week, on average.
Overtime is limited to a total of 36 hours each month.
No more than 36 extra hours are allowed in a month for workers, and no more than 3 hours of overtime are allowed every day.
Rescue from a workplace accident cannot take longer than 48 hours.
Due to work-related illnesses or occupational disorders, suspended employees are entitled to receive their original monthly income and benefits. The ban, however, may not last more than 12 months.
24 months is the longest amount of time that a person may be on sick leave.
A period of medical treatment ranging from three months up to as many as 24 months is provided to employees who have been absent from work because of sickness.
For example, if you have worked for 10 years and have worked for another 5 years, your total years of employment is 3 months.
10 years plus the amount of years you've really worked equals 5 years and 6 months.
Working at the firm for the previous five years added another six months to my total number of years in the workforce.
5 years in the organization> but 10 years: 6 months' experience
12-month tenure in the business: 10 to 15 years
20 years of employment: 24 months
Annual leave that is paid for
Working for a business
Between a year and a decade: 5 days.
> ten years, but twenty years: ten working days
15 days more than two decades
Within 60 days, a request for labor arbitration must be made.
The application is valid for one year.
Foreigners who overstay their visas in China should not return for another stay of more than 15 days.
However, the total penalty does not exceed RMB 10,000 for a short-term overstay.
There is an additional fee of 10,000 RMB and 5-15 days in custody if you are imprisoned longer than 1 month (may be included in the immigration blacklist)