China Employment Law Network
Shanghai Business Lawyer
Section B: Understanding the employment contract

• Under a Chinese employment contract, what are the minimum statutory provisions relating to:
Answer:

·         Maximum working hours per week

·         Minimum wage

·         Minimum holiday entitlement

·         Time off for sickness

• Maximum working hours per week: 8 hours per day; 44 hours per week
• Minimum wage: RMB1,280.00 in 2011 (Shanghai)
• Minimum holiday entitlement: employees may enjoy national public holidays and, in addition, annual paid leave of 5 days for individuals who have worked for more than 1 year but less than 10 years; 10 days for individuals who have worked for more than 10 years but less than 20 years; 15 days for individuals who have worked for 20 years or more.
• Minimum maternity leave: 90 days
• Time off for sickness: there is no statutory maximum or minimum time off for sickness.
 


• Is it true that only an employment contract written in Chinese is enforceable in case of a dispute?
Answer:

No, that is not quite true. Actually the foreign language version of an employment contract is also enforceable, but when a dispute is brought to the China arbitration tribunal or court, the translated Chinese version will be required.


• Can an employer change an employee¡¯s employment contract without asking them? What can an employee do if they do not agree with changes to their contract?
Answer:

An employer is not entitled to change an employee’s employment contract unilaterally except in special circumstances and there should be evidence to support the employer’s decision. If the employer cannot provide a fair reason for the changes, the employee may make a claim against them .

If you need any help with your case, our lawyers will be happy to provide you with their professional legal services.


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