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Labor management
source: Shenyang Municipal Bureau of Foreign Trade & Economic Cooperation  2018-07-31 10:28

Minimum wage

First-grade standard: RMB 1,620/month

Second-grade standard: RMB 1,420/month;

Third-grade standard: RMB 1,300/month;

Fourth-grade standard: RMB 1,120/month

 

Working hours

Standard working hours

Laborers shall work for no more than eight hours a day and no more than 44 hours a week on average.

Extended work

The employing unit may extend working hours as required by its production or business operation after consultation with the trade union and laborers, but the extended working time per day shall generally not exceed 1 hour. If an extension is needed for special reasons, under the condition that the health of laborers is guaranteed, the extended hours shall not exceed 3 hours per day. However, the total extension in a month shall not exceed 36 hours.

Pregnant workers

It is prohibited to arrange for women workers or staff members during their pregnancy to engage in work with Grade III physical labor intensity as stipulated by the State or other work forbidden to pregnant women. It is prohibited to arrange for women workers or staff members who have been pregnant for seven months or more to work in extended working hours or to work night shifts.

Female workers less than one year after childbirth

It is prohibited to arrange for female staff and workers during the period of breast-feeding their less than one year old babies to engage in work with Grade III physical labor intensity as prescribed by the State or other labor forbidden to women during their breast-feeding period, or to work in extended working hours or to work night shifts.

Minors (between the age of 16-18)

It is prohibited to arrange for juvenile workers to engage in work that is down the pit of mines, or poisonous or harmful, or with Grade IV physical labor intensity as prescribed by the State, or other work forbidden to them.

The employing unit shall provide regular physical examinations to juvenile workers.

It is forbidden for employing units to recruit juveniles under the age of 16.

 

Holidays and leaves

The employing unit shall, during the following festivals, arrange holidays for its laborers in accordance with the law:

(1) New Year’s Day;

(2) Spring Festival;

(3) International Labour Day;

(4) National Day; and

(5) Other holidays provided by laws, rules and regulations.

The employing unit shall ensure that the laborer rests at least one day per week.

Laborers who have been working for more than one year shall enjoy paid annual leave.

Female staff and workers shall be entitled to no less than ninety days of maternity leave for childbirth.

 

Dismissal

If an employee has one of the following circumstances, the employer may terminate the labor contract:

(1) It was proved that he/she did not meet the recruitment standards during the trial period;

(2) Serious violations of labor disciplines or rules and regulations;

(3) Serious dereliction of duty, malpractice for personal gains, and major damage to the interests of employers;

(4) Being investigated for criminal responsibility according to law.

Under any of the following circumstances, the employing unit may terminate the labor contract, but the laborer shall be notified in written form 30 days in advance:

(1) If a worker is ill or is not injured due to work, he or she must not work in the original job or engage in any work arranged by the employer after the expiry of medical treatment;

(2) The laborer is not qualified for the job and is still unable to perform the job after training or adjustment of the job position;

(3) Significant changes in the objective conditions on which the labor contract was based have resulted in the inability of the original labor contract to be fulfilled, and no agreement has been reached on the change of the labor contract as agreed by the parties.

If a worker has any of the following circumstances, the employer may not terminate the labor contract:

(1) Having suffered an occupational disease or injury due to work and was confirmed to have lost or partially lost his/her ability to work;

(2) Illness or injury sustained within the prescribed medical period;

(3) Female employees during pregnancy, childbirth, and breastfeeding period;

(4) Other circumstances as prescribed by laws and administrative regulations.

In any of the following circumstances, the laborer may notify the employer at any time to terminate the labor contract:

(1) During the trial period;

(2) The employer has forced labor by means of violence, threats or illegal restrictions on personal liberty;

(3) The employing unit fails to pay labor compensation or provide labor conditions as stipulated in the labor contract.

 

Pensions

According to the guideline released by the Ministry of Human Resources and Social Security and the Ministry of Finance, four mechanisms, including a defined benefit mechanism, a normal adjustment mechanism on basic pension, an adjustment mechanism on individual payment standard and a dynamic adjustment mechanism on subsidy, will be set up and improved, and the urban and rural residents pension insurance fund will carry out the entrustment investment to realizevalue preservation and appreciation of the individual account fund.

The guideline said while the central government will rationally determine the minimum standard of national basic pension according to per capita disposable income and the financial status of urban and rural residences, local governments will raise the standard of a basic pension according to local conditions and carry out a preferential policy on urban and rural residents over the age of 65.

For residents who choose to pay a higher grade fee in pension insurance, the payment subsidy can appropriately be increased to guide more people to choose the high grade standard payment, according to the guideline.

(Sources: “5 major changes set for pension insurance system” from chinadaily.com.cn )

 

Social insurance policy

Under the following circumstances, laborers shall enjoy social insurance benefits in accordance with the law:

(1) Being retired;

(2) Being ill or injured;

(3) Being injured or disabled while on duty or contracted with occupational diseases;

(4) Being unemployed; or

(5) Having given birth.

 

Editor: zfw05