What Laws You Should Know When Working In China

China has its own unique work policy, and it is necessary for foreigners to understand the relevant provisions to ensure that their legal rights are not violated as well as not be fined or detained when working in China.

Read this article, you will have a basic understanding of the laws or visa and rules while working and living in China:

1.     The labor contract should be signed within 1 month

If the employer does not sign a labor contract within 1 month, you should be paid twice the monthly salary.

2.     The probation/trial period shall not exceed 6 months

According to the term of the labor contract, there are three types of circumstance:

Ø  More than 1 month but less than 1year: not more than 1 month

Ø  1 year but less than 3 years: no more than 2 months

Ø  3 years or more: no more than 6 months

3.     Pension/Endowment insurance must be insured for at least 15 years.

Discontinuous payment of pension insurance costs will reduce your pension after retirement.

4.     Medical insurance should be paid within 3 months

Or you will no longer benefit from this insurance.

5.     Unemployment insurance application must not exceed 24 months

According to the accumulated payment time, it can be divided into the following 3 circumstances:

Ø  Less than 1 year: Receive unemployment insurance benefits within 12 months

Ø  5 years but less than 10 years: Receive unemployment insurance benefits within 18 months

Ø  More than 10 years: receive unemployment insurance benefits within 24 months

6.     The average working time per week does not exceed 44 hours

On average, employees work no more than 8 hours per day and no more than 44 hours per week.

7.     The monthly overtime cannot exceed 36 hours

Workers have at least 1 day off a week, no more than 3 hours of overtime per day, and no more than 36 hours of overtime per month.

8.     Work injury identification and rescue shall not exceed 48 hours

Employees who are suspended from work due to work-related injuries/occupational diseases shall be paid the original monthly salary and enjoy the same benefits. However, the suspension period shall not exceed 12 months.

9.     The maximum sick leave shall not exceed 24 months

Employees who stop working due to illness are given 3-24 months of medical treatment according to their working years:

Ø  Actual number of years of employment <10 years + actual number of years of work <5 years: 3 months

Ø  Actual number of years of employment <10 years + actual number of years of work> 5 years: 6 months

Ø  Total number of years of employment> 10 years + working in the company <5 years: 6 months

Ø  Working in the company> 5 years but <10 years: 6 months

Ø  10-15 years working in the company: 12 months

Ø  Working in the company> 20 years: 24 months

10.  Paid annual leave

Working in the company

Ø  > 1 year but <10 years: 5 days

Ø  > 10 years but <20 years: 10 days

Ø  > 20 years: 15 days

11.  Labor arbitration must be submitted within 60 days

Valid period of application: 1 year

12.  If foreigners overstay in China (invalid visa) for a period of time, another period of stay should not be more than 15 days

Ø  Short-term overstay: be warned + be fined 500 RMB/day but the accumulated penalty does not exceed RMB 10,000

Ø  More than 1 month: pay a fine of 10,000 RMB + to be detained for 5-15 days (may be included in the immigration blacklist)

 Check to find out the policies for the family visit.