Q&A: Pregnancy leave for foreigners

Question

If you have a wife who gives birth, do you also get pregnancy leave as well? Does this apply to foreigners?

Answer

Here in Chongqing, foreigners receive the same benefits as Chinese in the situation of a birth. You should receive 15 days off with regular pay. Many contracts will have a specific section regarding births and deaths. Unfortunately, you may find some employers who will not honor this. If this happens to you, you may want to seek further legal advice.

Sophia

 

Have you or your spouse given birth? Were you ever denied your contracted leave? Is there another legal question in China you’re wondering about? Leave a comment here or email Sophia at sophia@meldiculture.com.

 

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.

 

Q&A: Employer won’t give dismissal letter

Question

Sophia, before leaving a company in China, is it essential to have a dismissal letter from the employer agreeing that you are leaving? “利齿真名” I think that’s the Chinese translation. What can an employee do if their old company won’t give this document or keep making excuses why they can’t give it? Are there any legal options?

Answer

In the situation where the employer won’t give you the proper papers to leave, you can call the Public Security Bureau (PSB) or the Labour Department and tell them the situation. The PSB will, in turn, push your employer to get the paperwork done. This is because your company has a responsibility to cancel your labour certification and let the PSB know your work visa with them is now finished.

– Sophia

 

Have your employers ever withheld your paperwork? 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.