Answer: Special workhour systems include casual hours, irregular, and general work hours. They have different rules for calculating overtime pay. The practices of courts vary from place to place on whether the overtime pay to casual employees is applicable or not. One approach, as held by the courts of Guangdong Province and Shenzhen City, isRead more about 50.How do I calculate overtime pay under the special workhour systems (such as irregular work hours)?[…]

Answer: So-called time-off in lieu offsetting overtime hours is that an employee takes alternative leave after overtime work and consequently the employer do not have to pay overtime wages for those hours. Obviously, it is one of the preconditions for accurately calculating the overtime wages of employees to distinguish different types of overtime and findRead more about 51.Can employees’ time-off in lieu be used to offset overtime hours?[…]

Answer: Paid annual leave refers to the paid leave that employees, who meet certain conditions, are entitled to for their health, well-being, and work-life balance. Whether employees are entitled to annual leave treatment from their employer should first depend on the type of their employment contract; casual workers are not entitled to paid annual leave.Read more about 52.I am an employee. What kind of paid annual leave do I get?[…]

Answer: The Regulations on Paid Annual Leave for Employees stipulates that annual leave can be arranged to be taken in the year after the year the employee become entitled to the leave, or be encashed into unused annual leave pay.This is the limitation of arbitration for paid annual leave. You should calculate and manage employees¡¯Read more about 53.I am an HR manager. How do I calculate employees¡¯ unused annual leave pay from last year?[…]

Answer: In the article, ¡°I am an HR manager. How do I calculate employees’ unused annual leave pay from last year?¡± we explained the calculation of the unused annual leave pay for the previous year. But a headache is that employees sometimes accumulate unused annual leaves from several past years. Due to the one-year limitationRead more about 54.I am an employee. Will my unused annual leave from past years expire?[…]

Answer: An employee who falls ill and cannot go to work should endeavour to apply for sick leave, because this causes certain degree of inconvenience and disruption to the employer¡¯s business operation, although absence due to sickness is understandable. Leave due to illness shall be handled in accordance with the company rules, employment contract agreements,Read more about 55.I am sick, how should I apply for leave from the employer?[…]

Answer: According to the 1994 Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-Work-Related Injuries issued by the former Ministry of Labor, paid sick leave refers to the right of employees to receive paid time off when they are personally ill (excluding occupational diseases caused by work) or injured (excluding work-related injuries).Read more about 56.I am an employee. How many days of paid sick leave am I entitled to?[…]

Answer: Apart from the entitled number of days of medical care leave, the second issue is how employees’ pay is treated during this period. In Shenzhen City, according to the ¡°Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-Work-Related Injuries¡±, the pay for employees during the medical care leave is set atRead more about 57.How should our company pay our employees during their sick leave?[…]

Answer: Whether casual employees are entitled to sick leave, as full-time employees are, is not explicitly stated in the laws and regulations. Employers are only required to contribute to work injury insurance and bear the responsibility for work-related compensations for casual employees, without the obligation to contribute to other types of social insurance programs, includingRead more about 58.Do casual employees and employees on Irregular s and General Work Hours have medical leave entitlement when they are sick?[…]

Answer: Regarding the matter of medical care leave for employees with cancers or other special diseases, former Ministry of Labor¡¯s 1994 ¡°Notice on Implementing the Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-work-related Injuries¡± has provided ambiguously for a 24-month medical care leave. This document and provisions have led to aRead more about 59.How long medical care leave can an employee with a cancer get?[…]