18 Jan

Mr. Wangdong Posted in Chapter 4 Employment Implementation

98.Should an employee compensate the employer for the losses caused by their fault?

Answer: The general principle of dealing with employers¡¯s losses caused by employees under China¡¯s employment law is to strictly examine the causes of losses and limit amount of compensation against employees. For example, Article 16 of the 1995 Provisional Regulations on Wage Payment, which is currently in effect, stipulates that if an employer suffers economicRead more about 98.Should an employee compensate the employer for the losses caused by their fault?[…]

18 Jan

Mr. Wangdong Posted in Chapter 4 Employment Implementation

99.I had a traffic accident causing others¡¯ loss when delivering goods for my employer. Who, I or my employer, should compensate for the loss?

Answer: Whether you should bear personal responsibility of loss compensation depends on whether the loss is related to personal injury or property damage. If it is related to property damage, the Tort Liability Law stipulates that the employer shall be liable for the tort committed by an employee acting their duty, therefore you are notRead more about 99.I had a traffic accident causing others¡¯ loss when delivering goods for my employer. Who, I or my employer, should compensate for the loss?[…]

18 Jan

Mr. Wangdong Posted in Chapter 4 Employment Implementation

100.How can we legally transfer the position of an employee?

Answer: Position transfer is a situation of employment variation where an employee remains their employment, however changes the position to another role. It is a complex legal issue and involves a delicate balance between employees¡¯ employment security, career development, and employers¡¯ management autonomy and business interests. The lawfulness of a position transfer requires substantive andRead more about 100.How can we legally transfer the position of an employee?[…]

18 Jan

Mr. Wangdong Posted in Chapter 4 Employment Implementation

101.Under what circumstances can an employer transfer positions of their employees?

Answer: Under Chinese employment legislations and practice, an employer is entitled to transfer position of an employee by mutual agreement and under five other statutory circumstances. Position transfer by mutual agreement may be the easiest and the most convenient way. According to the provisions of Article 35 of the Employment Contract Law, an employer canRead more about 101.Under what circumstances can an employer transfer positions of their employees?[…]

17 Jan

Mr. Wangdong Posted in Chapter 3 Employee Entitlements

67.How do we handle work injury recurrence?

Answer: Work injury recurrence refers to the situation in which an employee has had a work-related injury or occupational disease and has recovered or stabilized after a period of treatment and recuperation, but later the same injury or disease recurs again. Work injury recurrence also includes the recurrence of old injuries of demobilized soldiers. EmployersRead more about 67.How do we handle work injury recurrence?[…]

17 Jan

Mr. Wangdong Posted in Chapter 3 Employee Entitlements

68.I did not stop work after my work-related injury. Can I request both my actual wages and my work injury leave pay?

Answer: The nature of paid work injury leave is that employers bear the obligation of wage pay during the period while the employees stop work for treatments of their work injuries (including work-related injuries and occupational diseases). It is a special situation in practice that an employee who is entitled to a paid work injuryRead more about 68.I did not stop work after my work-related injury. Can I request both my actual wages and my work injury leave pay?[…]

17 Jan

Mr. Wangdong Posted in Chapter 3 Employee Entitlements

69.An employee who suffered a car accident injury on his way home has been compensated by the at-fault party. Can he additionally get work injury entitlements?

Answer: In principle, if an employee suffers from a third party’s tort damage and is identified as a work-related injury, the employee has the right to claim both against the tortfeasor and the subjects of work-related injury obligations (including the social insurance institutions and the employer). Article 8 of the Provisions of the Supreme People’sRead more about 69.An employee who suffered a car accident injury on his way home has been compensated by the at-fault party. Can he additionally get work injury entitlements?[…]

17 Jan

Mr. Wangdong Posted in Chapter 3 Employee Entitlements

70.What should I do if an employee of my company has not recovered after the expiration of the paid work injury leave?

Answer: The general principle of employment law is to provide protection for employees to cure their injuries as far as possible, and to set the paid work injury leave as the upper limit of the employer’s obligation for injured employees. If an employee has not recovered after the expiration of the paid work injury leaveRead more about 70.What should I do if an employee of my company has not recovered after the expiration of the paid work injury leave?[…]

17 Jan

Mr. Wangdong Posted in Chapter 3 Employee Entitlements

71.My paid work injury leave has expired, but the application for labor capacity appraisal is being processed. How should the employer pay my wage?

Answer: The duration between expiry of paid work injury leave and processing of labor capacity appraisal application is a special period of time, during which both the employer and employee need to wait for the labor capacity appraisal result in order to decide whether the employee should be entitled to compensations from the Work InjuryRead more about 71.My paid work injury leave has expired, but the application for labor capacity appraisal is being processed. How should the employer pay my wage?[…]

17 Jan

Mr. Wangdong Posted in Chapter 3 Employee Entitlements

72.How do our company handle matters related to the application for extension of the paid work injury leave?

Answer: If an work-injured employee has not yet recovered and needs treatment after the expiration of the paid work injury leave, they need to apply for an extension of the paid work injury leave. The application for such extension shall be submitted by the employee (or the employer) to the relevant labor capacity appraisal committee,Read more about 72.How do our company handle matters related to the application for extension of the paid work injury leave?[…]

Royal Law Firm

Category: Legal Practice

98.Should an employee compensate the employer for the losses caused by their fault?

99.I had a traffic accident causing others¡¯ loss when delivering goods for my employer. Who, I or my employer, should compensate for the loss?

100.How can we legally transfer the position of an employee?

101.Under what circumstances can an employer transfer positions of their employees?

67.How do we handle work injury recurrence?

68.I did not stop work after my work-related injury. Can I request both my actual wages and my work injury leave pay?

69.An employee who suffered a car accident injury on his way home has been compensated by the at-fault party. Can he additionally get work injury entitlements?

70.What should I do if an employee of my company has not recovered after the expiration of the paid work injury leave?

71.My paid work injury leave has expired, but the application for labor capacity appraisal is being processed. How should the employer pay my wage?

72.How do our company handle matters related to the application for extension of the paid work injury leave?