The labor policies in China have been designed to protect the rights of employers and employees in any industry. As per the law, workers have been given the right to equal pay and promotion.
The labor law in China ensures that a legal framework is provided to deal with several employment-based legal problems that may arise. It applies to all kinds of enterprises- private, individual, and non-private individual economic organizations and other companies functioning in China. The employee’s nationality does not matter- foreigners and Chinese nationals have to follow the Labor Contract Law of China.
Working Hours and Overtime
The labor policies in China are clear about the working hours and overtime. According to Article 36, employees cannot work for more than 8 hours a day, which means their working hours are capped at 44 hours per week.
However, according to Article 41, the employer can increase an employee’s working hours after consulting with laborers and the trade union. If this happens, the employer must ensure that the worker’s health is not affected and that the extra working hours are no more than three.
Policy for Leaves
According to the Paid Annual Leave regulations, the employee is given a 5-day paid leave if he has been working for the same company for more than a year but less than 10 years.
If the employee has been with the company for more than 10 years, but less than 20 years, he is given an annual leave of 10 days.
Similarly, if the employee has been around for more than 20 years, they can make use of annual leaves of 15 days.
According to the Labor Policies in China, female workers are given 98-days of maternity leave. They are also given a 15-day leave that can be taken before delivery.
In case the employee has a miscarriage, she will be given maternity leave of 15 days, along with a resting period of 42 additional days. (See also: Women’s Worker Rights in China)
Article 72 of China’s labor law states that employers have to make a contribution to the social security of their workers.
In case an employer fails to do so, they will be ordered by the labor administrative department to make the payment within a particular period.
In China, when a labor contract is more than three months but less than a year, the probationary period should not exceed one month; when the term of the labor contract is more than one year but less than three years, the probationary period should not exceed two months. As a general rule, the probation period should not be more than six months. Moreover, the employer must compensate the employee during the probation period by giving him a monthly salary.
The Labor Policies in China are meant to protect each gender against any discrimination, harassment, or unlawful termination at the workplace. The policies also safeguard the interests of employers.