China
Fixed-term contracts are permitted in China. They must be for a minimum of two years. If a fixed term contract is renewed for the third time, it must convert to an indefinite contract.
Workers in China recognize 7 paid public holidays including New Year's Day, Spring Festival, Tomb-Sweeping Day, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, and National Day. Workers are entitled to a premium of 300% if they are required to work on a public holiday.
Workers are entitled to paid vacation based on their cumulative working time, which includes their cumulative years of work, including time spent in previous roles in accordance with Chinese labor regulations. Workers with 1 to 10 years of cumulative working time are entitled to five days of paid vacation annually. That provision increases to ten days for Workers with between 10 and 20 years of cumulative working time and then to 15 days for those with 20 or more years of cumulative working time. Accrued but unpaid vacation is payable at the end of an engagement. Unused vacation time in one year may be carried over to the next year, but not beyond that one year.
There are no official subcategories of workers in China.
Probationary periods are permitted in China, but vary in length depending on the length of contract. They cannot exceed six months. Probationary periods may not be utilized for contracts less than 3 months in length. During the probationary period, Workers must provide three days’ written notice to resign. Workers receive all statutory benefits during the probationary period, and their wage must not be less than 80% of the full wage for the same position post-probation.
Workers are entitled to paid sick leave and will be paid a portion of their salary depending on their cumulative working time and length of absence. A medical certificate may be required after the second day of absence.
A standard workweek is 40 hours (8 hours per day). Workers are entitled to at least one day of rest each week. Regular working hours are 9:00 a.m. to 6:00 p.m.
All Workers are entitled to an overtime premium of 150% for exceeding 40 hours worked in a week. If a Worker is scheduled on their traditional rest day, the overtime premium is payable at 200%. Overtime may not exceed 36 hours per month per Worker.
Workers may only be terminated for valid cause. Termination generally requires 30 days’ notice or one months’ payment in lieu, unless the termination is due to misconduct, which permits immediate dismissal. Most terminations require severance be paid to the Worker equal to one month's average salary for each full year of service, capped at 12 years. Service periods of six months and up to 12 months are rounded up to a full year, and periods of less than six months are considered half-years and constitute half a month’s salary as severance.
After the probationary period, Workers may resign by providing one month's written notice.
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