Law and safety / Chapter 19
This section is about money: how amounts are calculated, what you sign, and how deadlines run. The first three items cover pay you should receive while still employed; the next five cover leaving a job; the following seven cover occupational disease and work injury. Work-injury payouts are an order of magnitude larger than layoff compensation, and the deadlines are tighter. Damage from occupational disease cannot be undone. Nine more items close the section. The first four cover what to do if you are bullied at work, how to obtain a separation certificate, how personal income tax on severance is calculated, and how to transfer social insurance when you change cities. The middle three cover double wages when there is no written contract, when the employer fails to pay social insurance, and liquidated damages demanded on exit. The last two cover how to respond when the employer wants to reassign or cut pay, and who pays wages and damages for dispatched workers.
Items in this section are grouped by theme below; numbers in parentheses are item numbers.
Contracts and pay while employed: overtime pay (Item 1), annual leave (Item 2), probation (Item 3), double wages without a written labor contract (Item 20), unpaid or underpaid social insurance (Item 21), put disagreement with reassignment or pay cuts in writing (Item 23), equal pay for equal work when dispatched (Item 24), long-term bullying at work (Item 16).
Leaving and layoffs: calculate N first when laid off (Item 4), no 30-day prior notice (Item 5), damages for unlawful termination (Item 6), do not sign “resignation for personal reasons” (Item 7), save evidence before leaving (Item 8), separation certificate (Item 17), individual income tax on severance (Item 18), liquidated damages demanded on exit (Item 22), transfer social insurance to the new place of enrollment (Item 19).
Occupational disease and work injury: three occupational health exams (Item 9), employer must supply protective gear (Item 10), apply for work-injury recognition (Item 11), call 120 first if you feel suddenly unwell (Item 12), no work-injury insurance enrollment (Item 13), work-capacity assessment (Item 14), three payments for work-related death (Item 15).
Weekday overtime is paid at 1.5 times your wage. Rest-day overtime without compensatory time off is paid at 2 times. …
With cumulative service of at least 1 year but less than 10 years across all employers, you get 5 days of annual leave per year. At 10 years it is 10 days; at 20 years, 15 days. Job changes still count toward the total. …
For a contract of 3 months to 1 year, probation is at most 1 month. For 1 to 3 years, at most 2 months. For 3 years or more, at most 6 months. …
When you are laid off, statutory economic compensation is calculated like this: one month’s wage for each full year worked; at least six months but less than a year counts as a year; less than six months gets half a month. …
If the employer dismisses you because you cannot work after illness, cannot perform the job, or circumstances changed substantially, it must give 30 days’ written notice. Without notice, it must pay one month’s wage on top of N. …
If termination is unlawful, damages are double the economic compensation standard—commonly called 2N. Whether termination is unlawful depends on the facts. …
Signing that you resigned for personal reasons usually wipes out both economic compensation and unemployment insurance. …
In dismissal or wage-deduction disputes the employer must prove its case, but for overtime you must prove first, and employers only have to keep wage records for two years. …
When signing the contract, the employer must truthfully state in writing what occupational disease hazards the post has, how to protect yourself, and what benefits apply. …
Pneumoconiosis, noise-induced deafness, and chemical eye burns are all statutory occupational diseases. Once lungs or hearing are damaged, they cannot be restored. …
Injuries at work from the job count as work injuries. Being hit on the way to or from work, when you are not mainly at fault, also counts. …
Rushing to the office when you feel unwell will not earn extra money. «Deemed work injury» requires sudden illness during working hours and at the workstation; illness on the way before you arrive does not qualify. …
Even without work-injury insurance enrollment, work-injury benefits still apply. The employer must pay the same items and amounts in full, missing nothing. …
After injuries stabilize, a work-capacity assessment turns grade directly into money. The lump-sum disability benefit uses your own wage: grade 5 — 18 months, grade 6 — 16 months, grade 7 — 13 months. …
Work-related death means three payments; do not negotiate on only one. Funeral allowance equals 6 months of the local prior-year average employee monthly wage. …
People bullied at work later face roughly 60% higher risk of heart disease and stroke, and more bullying means higher risk. Years later, bullied workers are about twice as likely to have suicidal thoughts as others. …
Whether you were dismissed, the contract expired, or you resigned, the employer must give a separation certificate when you leave and transfer your personnel file and social insurance within 15 days. …
One-time compensation from ending employment is tax-free up to 3 times the local prior-year average employee wage. Amounts above that are taxed on their own, not added to that year's wages. …
When you change cities, both pension and medical insurance records can follow you, and years you already paid keep counting. Before pension-claiming age you cannot cancel enrollment (退保) and take the money out. …
If the employer has not signed a written contract one month after you start, from the second month it owes an extra month's wage each month, up to 11 extra months. …
If the employer did not enroll you in social insurance or did not pay enough, you can complain and require it to make up the payments, plus late fees. …
A contract line that “leaving early means you pay” is allowed by law in only two situations: the company paid for specialized technical training for you, or non-compete. …
Changing post or wage is changing the contract; both sides must agree, and it must be in writing. …
A dispatched worker’s contract is with the dispatch company, and the host workplace where you work each day also has statutory duties. …
This item has not been translated yet. Showing the original Chinese text.
劳动合同要单位和你各拿一份，没写全工资、期限这些必备内容的，单位会被责令改正。签了空白合同又拿不出证据，仲裁可能就认单位后来填的那份。所以签完就要单位填好给你一份，并把签时是空白留下记录。
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