對勞工法服從的一個實用指南在中國
由AJ Hu
惹人註目的辛苦事件最近系列在工作者的保護在中國投擲了一盞聚光燈』權利。
幾外國多民族，包括FoxConn、麥克唐納和Yum! 烙記擁有KFC品牌的公司-，為提供惡劣的工作環境，少付他們的兼職工作者的工資和參與被調查了其他不公平的勞動常規。 奴隸工作者從磚窯和礦搶救在河南和陝西省在許多地方和國際新聞媒體也做了標題。 這些事件和修改過的中國勞工法的最近制定在2007年6月29日-在18數月熱烈的辯論以後，在中國提醒外國投資者是記住他們的法律責任作為一位雇主。外國雇主的義務
中國有它自己獨特的辛苦系統和章程。 除通常就業要求之外，例如同工作者的簽署的合同，符合薪水標準和發布薪金實時性，雇主在中國也被迫使：
1. 歸檔他們的職員就業和解雇與相關的政府局
2. 贍養雇員』人員歸檔-記錄雇員的所有院和工作經歷的一個獨特的中國文件和維護文件的責任從一位雇主轉移到另一個，當雇員更換工作時
3. 代表他們的雇員扣壓并且支付單獨所得稅
4. Make monthly contributions to their employees’ social benefits and housing funds
Most of the above processes are complicated by the involvement of several government bureaus and tedious paperwork. For the unfamiliar, staffing their China operations may pose a challenge. What follows is a useful list of “must-knows” for employers in China.
Employment contract
Official employment contracts written in Chinese must be provided to all employees. While there is no standard contract format, the agreement should bear critical information including term of contract, probation period, job responsibilities, labor protection and working conditions, compensation, termination conditions, disciplinary rules and breach of contract provisions. Depending on individual needs of companies, it is also common to include other contract terms such as non-compete clause, non-disclosure agreements and training bond period.
Term of contracts
Three legal forms of employment terms exist in China:
• Fixed Term Employment - contract terminates once the stated time period lapse. Upon expiration, the contract can be renewed with mutual consent from both contracting parties.
• Open-Ended Employment - contract without termination date.
• Project-based Employment – contract terminates upon completion of a stated project.
Due to the common abuse of fixed-term contracts by companies to avoid long-term employment commitments, the new labor law includes several provisions to curb such practice and better protect workers’ rights. Now, companies can sign at most two fixed-term contracts with an employee and are obliged to pay severance compensation if they do not renew the contract.
Wages
The wage standards vary across different regions of China, depending upon economic conditions and job requirements. For Shanghai, the current minimum required wage stands at RMB 840.
Social Welfare Benefits
Employers are obliged to contribute to the employees’ social welfare benefits on a monthly basis.The Domicile City Insurance is the most common benefit scheme adopted for employees of Shanghai residency. The contribution by both employer and employee is detailed in the table below:
The contributions are calculated based upon the gross salary paid to the employee, but a varying minimum base and maximum cap applies for Shanghai, Beijing and Guangzhou.
Working hours
The China labor law stipulates an eight-hour workday, with no more than 40 working hours per week for full-time employees. If there is a specific need for overtime, companies would need to discuss the arrangements with relevant unions and provide overtime compensation, set at 150% of normal wages for overtime on normal workdays, 200% for rest days, and 300% for national holidays.
Leave and vacations
Similar to other international labor practices, China’s leave and vacation policy includes annual leave, wedding leave, funeral leave, maternity leave and sick leave. In addition, employees working out of their registered province or city are eligible for family visitation leave.
Termination
Generally, workers can terminate their employment contracts by providing a 30 days’ written notice to the employer. However, the prior notice can be exempted if the worker is still under probation or if the company fails to fulfill its legal obligations as an employer. Termination by employers is much more complicated and often involves severance compensation. An employer can dismiss staff without prior notice or severance pay only if the worker fails to perform during the probation period or if the worker commits a serious breach of conduct, dereliction of duty or crime in accordance with the law. In other situations, the employer will be required to give 30 days’ notice to the employee and/or pay compensations stipulated by the provincial governments. The new labor law also states that companies planning to reduce their workforce must consult the labor unions 30 days prior to the dismissal. It is undeniable that China offers vast opportunities to foreign investors, but at the same time, the risks of labor disputes can significantly impact business operations. It is therefore critical for employers to develop responsible HR strategies that ensure stable business operations in China.
AJ Hu is the Partner of The JLJ Group (www.jljgroup.com), a one-stop service-provider
assisting foreign companies to enter or grow inthe China market.
