Find useful legal information for your business in China!

Overtime inclusive Salary

Overtime inclusive Salary

Some employers, especially Chinese foreign invested companies, pay their staff comparably higher salary. They may agree with staff orally that the salary paid includes overtime hours without any written provision. This oral agreement may cause very high risk that, in the case of a labour arbitration, an arbitrator may request that the employer pay additional overtime salary based on the agreed salary if the employee denies the oral agreement.

Investigation an overtime salary claim in a labor arbitration

Investigation an overtime salary claim in a labor arbitration

Many employers or even lawyers engaging in labour law in a labor arbitration hearing are often unsure how, by what procedure, and by what applied rule of burden of proof will an arbitrator use to conduct an investigation into claims of overtime salary. This procedure only became clear to me after I became a labour arbitrator in Shenzhen.

Damage for people suffering from non work related death in Shenzhen

Damage for people suffering from non work related death in Shenzhen

If death is not the result from work related injury then article 14 and 15 in Regulation on Work-Related Injury Insurance shall not apply. People who die from non-work related injury are not entitled to damages set out in regulation on work rated injury insurances but other laws and provisions. In general, family dependents of the people who die of non-work related injury are entitled to 9 to 15 months’ salary as damages. The salary shall be per capital wage of the local employees in that city in the previous year but not the salary of the deceased. Please refer to the website for details.

working permit and labor contract for a foreign employee in China

working permit and labor contract for a foreign employee in China

What’s the relationship between working permit period and the termination of the labor contract for a foreign employee in China? According to Chinese relevant laws and regulations, if a foreigner wants to be a legal employee in China and be protected by the Chinese Labor Law and Chinese Labor Contract Law, he or she needs two things first: one is the Working Permit for Foreigners, the other is the Residence Permit for Foreigners. After the foreigner gets them, he can sign a labor contract with the employer and become a legal employee in China.

3 Steps to Terminate a Trouble-making Employee

3 Steps to Terminate a Trouble-making Employee

Many bosses feel that it is a headache to terminate the employment of an employee because they think that Chinese labor law is too strict on the employer and any termination would result in huge compensation. It is true that there were many employers who lost their cases and paid compensation when I handled some cases as labor arbitrator.

5 points of annual leave in China

5 points of annual leave in China

Annual leave is paid time off work granted by employer to employee in accordance with Chinese relevant laws and regulations. The employees of units such as authorities, organizations, enterprises, institutions, private non-enterprise units and individually-owned commercial and industrial businesses with employees that have been worked continuously for more than one year are entitled to paid annual leave. Here are 5 points of annual leave need to be noted.

Shenzhen New Labor Law Judgment Guideline

Shenzhen New Labor Law Judgment Guideline

This Guideline has the following characteristics: 1. The Guideline is very rich in content and has 117 clauses with more than 29 thousands characters including 15 thousands of explanation so that it will be easier to be understood. 2. The Guideline is a combination of past guidelines of the Shenzhen Intermediate Court or meeting minutes of Shenzhen Labor Arbitration committee. 3. The Guideline is also a written confirmation of many practice in judgment, for example, employment shall be transferred into service contract once employee is over retirement age.