Answer: As explained in ¡°How do I calculate the wages of employees under the piecework wage system?¡±, employees¡¯ wages under a piecework wage system are determined by piecework quota and piecework unit price, normally dictated by employers. The reasonableness of the two, therefore, is vital. If piecework quota and piecework unit price are applied inRead more about 88.Are the piecework quota and piecework unit price set by the employer reasonable?[…]

Answer: Package wage system refers to the wage system where employees¡¯ monthly wages, agreed upon by the employers and employees, include a certain number of overtime hours as part of the packaged pay. Instead of providing additional overtime pay after employees did overtime work within the agreed number of overtime hours, the employers pay aRead more about 89.How are wages calculated under package wage system?[…]

Answer: Whether your employer is lawful to do so depends on whether the nature of you being on night duty falls under overtime work. As for whether an employee being on night duty under a standard work hour system (such as permanent, fixed term, labor dispatch, or assignment contract) falls under overtime work, current practicesRead more about 90.I sometimes need to be on night duty. The employer only pays a trivial night allowance. Is this legal?[…]

Answer: The so-called standby work is a state of being on call at home, waiting for work arrangements. Compared to employees working night shifts at the employer’s workplace, this is a more flexible work arrangement. Whether wages should be paid for standby work first depends on whether there is an employment relationship between the twoRead more about 91.My company requires an employee to be on call at home. Should we pay her?[…]

Answer: Employees engaged in the same or similar work should receive the same or close remuneration. This is called equal pay for equal work in China’s employment law. The Employment Contract Law has two rules on equal pay for equal work: the first is that an employee¡¯s remuneration should be determined firstly by the provisionsRead more about 92.Female employees earn less than male employees. Does the employer violate the principle of equal pay for equal work?[…]

Answer: In normal circumstances, employers should refrain from contact their employees outside their normal work hours, as this can disrupt the employees¡¯ private time. However, in exceptional circumstances, an employer may still be entitled to contact its employee outside normal work hours. These circumstances include: emergencies, important situations require early notification or contact, employee absenceRead more about 93.Can employers contact employees outside work hours?[…]

Answer: The company rules of employers are the institutional documents for the company’s production and operation, and are the basis for disciplinary actions against employees’ misconduct. It should be noted that in addition to company rules, employment contract and professional ethics may also be the norms that can restrict behavior of employees. What kind ofRead more about 94.What kind of company rules are binding on employees?[…]

Answer: China’s Employment Contract Law allows employers to take disciplinary actions against employees. Disciplinary action is a measure taken by employer to punish employee’s misconduct according to the company rules, the employee’s employment contract, and professional ethics, so as to maintain the order of company¡¯s management, punish and warn the employee and help the employeeRead more about 95.Is it legally permissible for my employer to discipline me?[…]

Answer: Employment law and relevant laws and regulations do not have specific provisions on suspension investigation. Because an suspension may impose adverse effect to the employee¡¯s reputation and psychology, normally, the employer¡¯ initiation and conduct of suspension investigations on the employee must be fair and reasonable. From the perspective of case law, first decisions ofRead more about 96.Is it legal for my company to suspend an employee for a performance investigation?[…]

Answer: Whether employers are entitled to impose a fine, or economic penalty, on their employees is a controversial issue in the judicial practice. At present, courts around the country have two completely different practices. One practice is to consider that employers have the right to impose fines. These courts have held that the right toRead more about 97.Can an employer impose a fine on an employee and deduct their wages?[…]