Q&A: Do I need to work foreign holidays?

Question

What is the law regarding working Christmas Day in China? Do companies that employ foreigners have to respect their employees’ cultural festivals or is it just another workday?

Answer

There is no widespread law about this. Christmas and other foreign holidays given to employees depends on what their work contract states. One thing to keep in mind is that this part of the contract is usually negotiable.

If you feel strongly about this point or the holiday is especially significant to you, let your employer know before signing a new contract. They could very well amend this part to suit your cultural traditions.

– Sophia

What are your holidays like in China? Do you employers allow you the time off? Let us know your experiences below. Is there a legal question in China you’re wondering about? Leave a comment here or email Sophia at sophia@meldiculture.com.

Q&A: Hourly pay during holiday closings

Question

Question about national holidays and pay. If you are paid by the hour and your employer closes their business for four/five days but is refusing to compensate you for this, what legal rights do I have under Chinese laws? I have a legal employment contract.

Answer

Generally the rule will be no work, no pay if your salary is by the hour. The exception to this will be if your total monthly salary is lower than the provincial government’s standard minimum wage. For example, in 2016 the Chongqing minimum wage was 1500 RMB/month. If your monthly salary falls below this, your employer must compensate you further.

Sophia

 

What is your experience with employers and payment? Is there another legal question in China you’re wondering about? Leave a comment here or email Sophia at sophia@meldiculture.com.