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Quanzhou
Company Labor Contracts has to set terms and conditions relating to the weekly
or monthly amount of working hours, the probation and termination period,
overtime payment and holidays and further details as salary or the exact title
of the job. An employer can set own conditions and particulars but they must
not fall below the minimum requirements of the Employment Act. Before the
recruitment, the foreign business owners in China need to ask the professionals
(China lawyer) for help to sign a China labor contract.
Quanzhou
Company Labor Contracts-Notice of termination
The
usual period when a notice of termintion has to be handed in by either the
employer or the employee, depends on the duration of employment. If not stated
differently in the contract, the periods according to which the notice of
termination is related are:
1.
Employed for less than 2 years (4 weeks notice)
2.
Employed for 2 – 5 years (6 weeks notice)
3.
Employed for more than 5 years (8 weeks notice)
Quanzhou
Company Labor Contracts-Required Content
Article
19 of the Labor Law of the People's Republic of China defines the content
required to be defined by labor contracts. Although they can contain other
requirements and clauses, a Chinese labor contract must, at minimum, include
the duration of the contract and a time limit during which the labor contract
is in force. It must define the work clearly and specify both labor conditions
and labor protections. It must clearly state how much and how employees will be
paid and must spell out disciplinary procedures for workers. It must also
clearly define when the contract can be terminated and specify liabilities for
contract violations.
Quanzhou
Company Labor Contracts-Probation period
During
the probation period, which is set individually by the employer, the employee
can be dismissed without notice. The same applies to termination on the side of
the employee. The probation period is usually between 1 and 6 months and the
dismissal has to be justified. If a dismissal on the side of the employer is
given after this period, and is not due to misconduct of the employee, the
latter is entitled to layoff benefits. The basis on which the amount of days
paid is calculated, is the same as for the probation period (employed for less
than 2 years/from 2-5 years/for more than 5 years).
Quanzhou
Company Labor Contracts-Overtime pay
Overtime
pay must not go below 1.5 times the hourly rate on a normal working day, 2
times on a rest day and 3 times on a public holiday. The total amount of hours
of overtime per month must not exceed 104. Labor contracts play an important
role during the management of the companies, thus the business owners need to
take it serious. It’s necessary to ask China lawyers for help, since they have
a good knowledge of China labor law.
Contact
us
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you have further queries, please contact Tannet
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hours Malaysia hotline：603-21418908;
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hours Hong Kong hotline：852-27837818;
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hours Hong Kong hotline：86-755-
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