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.