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Rules and regulations on labor management |
1 Labor employment
Foreign-invested enterprises must sign labor contracts with
their employees, and are also required to sign labor agreements
with their suppliers of labor.
a Employment
In employing permanent urban residents of Beijing, foreign-invested
enterprises shall go through the normal procedures of employment.
In employing Beijing`s rural laborers, foreign-invested
enterprises shall go therougn the procedures at the labor
and social insurance bureaus of the district or county where
the laborers are registered.
In employing Chinese citizens from outside of Beijing, foreign-invested
enterprises shall apply to the Beijing Municipal Labor and
Social Insurance Bureau for work permits of their behalf.
With approval of the bureau, the aforesaid Chinese citizens
may be granted work permits for jobs at foreign-invested
enterprises.
In employing personnel from Taiwan, Hong Kong and Macao
for jobs in Beijing, foreign-invested enterprise shall apply
to Beijing Municipal Bureau of Labor and Social Insurance
for work permits for the aforesaid personnel within 15 days
after their entry to the Chinese mainland.
b Termination of employment
Upon expiration of a labor contract and emergence of other
conditions for termination of employ ment, the labor contract
shall terminate. With consensus of opinion reached through
consultation be teen the employer and employee, the labor
contract may continue upon its expiration. If any of the
parties involved does not agree to continue the labor contract
upon its expiration, the relations of labor
shall be renounced.
While the labor contract is still in force, the employer
and employee may cancel the labor contract with consensus
of opinion reached through consolation. Upon emergence of
statutory conditions
for cancellation of the labor contract, the parties involved
shall have the right to cancel the labor contract.
c Economic indemnity and compensation
Upon expiration of the labor contract, the enterprise may
pay indemnity to the employee.
The employer may not pay indemnity to the employee if, during
the period of the employee`s trial use, the employee fails
to meet the recruitment standards set by the employer or
it the labor contract is cancelled due to error of the employee.
In both cases the circumstances should conform to the stipu
lations in the Labor Law.
The enterprise shall,in accordance with the relevant state
and municipal legislation, pay the em ployee indemnity for
cancellation of the labor contract not error on the part
of the employee
.In a given enterprise, the party that causes economic losses
to the other should compensate the victim ized party.
2 Labor protection
a The system of work hours and vacation
The employee shall, under normal circumstances, work for
not longer than eight hours per day, and for not longer
than 40 hours per week. The New Year`s Day, the Spring Festival
(the New Year`s Day by China`s lunar calendar), the International
Labor Day and the National Day of the People`s Republic
of China are statutory holidays for the general public.
Employees who have worked in an enterprise for a period
longer than one year are entitled to an annual period of
vacation with pay. However, the duration of the annual vacation
is subject to decision by the enterprise.
b Protection of female and under-age laborers
Foreign-invested enterprises shall be obliged to implement
the Beijing Municipal Government rules and regulations on
protection of female and under-age laborers.
3 Wages, social insurance and fringe benefits
a Wages
Foreign-invested enterprises may independently decide their
own ways of distribution and the rates and scales of wages
paid to their employees. Nevertheless, wages paid to the
laborers must on no account be lower than the lowest raters
prescribed by the Municipal Government, that is, RMB2.46per
hour and RMB4012 per month. Under normal circumstances,
the government-set minimum wage is adjusted every year.
Fringe Benefits and Welfare for Workers and Staff
Members of Foreign-Invested
Enterprises Operation in China
| Items
|
Deductions
Portion paid |
enterprises
on employees` behalf |
Portion
retained by enterprises |
| Expenses on fringe
benefits and staff welfare |
14% |
0% |
14% |
| Basic insurance
against old age |
19% |
19% |
0% |
| Overall insurance
for treatment of serious diseases |
2.5% |
2.5% |
0% |
| Staff education
fund |
1.5% |
0% |
1.5% |
| Collective hording
fund |
10%
|
0% |
0% |
Social Insurance and other Welfare Fees
Items Deductions Base for fees
Insurance against old age 19%The average wage of the preceding
year for all those insured in a given enterprise
Insurance against unemployment 1.5% The average monthly
wage of the preceding year for the Chinese employees in
a given enterprises
Insurance against work site injuries 0.3-1.6, depending
on conditions of each industry The average monthly wage
of the preceding year for all those insured in given enterprise
Overall insurance for treatment of serious disease 2.5%
The average monthly wage of the preceding year for workers
and staff in Beijing
Basic medical insurance 9% The average wage of the preceding
year for the Chinese employees in a given enterprises
Mutual-aid fund to cover large sums of medical expenses
1% The average monthly wage of the preceding year for the
Chinese employees in a given enterprises
Collective housing fund 10%The average monthly wage of the
preceding year for the Chinese employees in a given enterprises
Remarks: At present, the reform in china`s basic medical
care system is still going on.
Enterprises that are implementing the reform shall pay the
fees for basic medical care insurance
And for the mutual-aid fund to cover large sums of medical
expenses. Such enterprises do not have to pay for overall
insurance for
Treatment of serious diseases.
Fees that have to be paid by individual employees are calculated
with the average monthly wage of the preceding year for
each as the
Base figure. Their enterprises shall deduct the sums from
their wages and pay to the concerned sides on their behalf.
For them, the fee
For insurance against old age accounts for 7% of their wages,
for basic medical insurance, 2%, and for insurance against
Unemployment, 0.5%. each employees in a given enterprise
shall pay RMB3 yuan a month to the enterprise’ mutual-aid
fund to cover
Large sums of medical expenses.
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