Answer: The purpose of labor capacity appraisal after an employee suffers work-related injury or occupational disease is to determine the disable class or labor capacity of the employee, in order to decide how to deal with the employment relationship and how the Work Injury Insurance Fund and the employer compensate and support the employee. AfterRead more about 73.What should we do upon the completion of the labor capacity appraisal for an employee with a work-related injury or an occupational disease?[…]

Answer: If you have not been exposed to pneumoconiosis related occupational hazards after you left your employer, the employer may still needs to assume the responsibility for pneumoconiosis that is discovered after the termination. Articles 8 and 9 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning theRead more about 74.If I develop pneumoconiosis after leaving my job, should the employer bear the responsibility?[…]

Answer: When an employee is diagnosed with an occupational disease while working for their current employer, the question of liability arises for both the former and present employers. Liability and the extent thereof depend on the off-role and pre-role occupational health examinations of the employee, as well as the status of the occupational hazards inRead more about 75.Which employer is liable for the work injury of pneumoconiosis suffered by an employee who had been exposed to dust in workplaces of both former and current employers?[…]

Answer: Mental damages is a legal concept used in Chinese civil law, specifically in the realm of tort law, and is rarely applied in the field of employment law. The issue of claiming mental damages for severe loss of labor capacity due to occupational diseases or work-related injury is currently handled differently by courts aroundRead more about 76.If I suffer from occupational diseases or work-related injuries that lead to serious loss of labor capacity, should the employer compensate me for mental damages?[…]

Answer: Whether you have the right to bereavement leave depends first on what type of employee you are. If you are a casual employee, you are probably not entitled to bereavement leave. If you are an employee of irregular or general work hours, dispatched employee, or assignment contract employee, you should have the same bereavementRead more about 77.I am an employee. What bereavement entitlements do I have?[…]

Answer: You are entitled to paid paternity leave from your employer when your wife gives birth. The number of days of paternity leave varies from place to place, for example, 15 days in Guangdong and Shandong provinces, and 20 days in Hunan and Sichuan provinces. The law does not clearly stipulate whether employees who doRead more about 78.My wife is about to give birth. What are my paternity leave rights?[…]

Answer: Most types of female employees, including those on irregular or general work hours and full-time standard hours system, are entitled to the same protection for female workers, including special protection for female workers, prenatal examination, maternity leave, and expenses related to childbirth. Article 6 of Special Provisions on Labor Protection for Female Employees providesRead more about 79.I’m a pregnant employee. What are my rights?[…]

Answer: According to the Special Provisions on Labor Protection for Female Employees, employers must not cut the pay, terminate the employment contract, or dismiss female employees because they are pregnant, have given birth, or are feeding infants. For employees who have been pregnant for over seven months, the employer must not arrange overtime work orRead more about 80.What are the special protections for female employees under employment law?[…]

Answer: At present, employment law and relevant regulations do not provide for paid work breaks, although work-breaks are statutory rights of employees. The judicial practices around the country generally treat work breaks as unpaid. The explanatory definition of article 3 of the Labor, as indicated in the ¡°Interpretation of the Labor Law of the People¡¯sRead more about 81.I am an employee. What is my work break entitlement?[…]

Answer: According to Chinese Employment law, a full-time employee usually has the following basic rights: paid public holidays, overtime pay or leave for working on public holidays, overtime pay or time-off in lieu for working overtime on weekdays and weekend days, paid annual leave, paid bereavement leave, paid breaks, unpaid lunch breaks, maternity and paternityRead more about 47.As an employee, what are my basic vacation rights?[…]