China
Answer ... According to the Special Provisions for Female Employees, female employees who give birth are entitled to maternity leave. Additionally, extended maternity leave is determined by local regulations, with the duration varying from city to city. During maternity leave, female employees can receive a maternity allowance, as outlined in question 2.2.
There are no national regulations on parental leave in China. The 2021 Population and Family Planning Law encourages local authorities to implement parental leave where feasible. As a result, parental leave is governed solely by local regulations. For example, according to the Regulations of Beijing Municipality on Population and Family Planning, couples who adhere to China’s birth control policies are eligible for five days of fully paid parental leave each year until their child turns three.
China
Answer ... As mentioned in question 2.1, female employees are entitled to maternity leave at the national level. According to the Special Provisions for Female Employees, the duration of paid maternity leave is set at 98 days, 15 of which can be taken before delivery. The specific length of maternity leave varies based on factors such as:
- the number of children; and
- potential medical complications.
Furthermore, extended maternity leave can be determined by local regulations. For example, in Beijing, female employees are entitled to an extra 60 days of maternity leave on top of the mandated period.
During this period, female employees can receive a maternity allowance. Those who have participated in maternity insurance are eligible for the maternity allowance, which is funded by the Maternity Insurance Fund. If the maternity allowance falls below the employee’s standard salary, the employer is responsible for covering the difference. If the maternity allowance exceeds the salary, no deductions should be made by the employer.
If employers have not contributed to female employees’ maternity insurance, they will be required to provide salary during maternity leave.
Regulations regarding parental leave differ across cities. In most cities, employees are entitled to receive full salary during parental leave.
China
Answer ... According to the Trade Union Law, trade unions are the only legally recognised organisations that can represent employees in China. Trade unions represent the interests of employees, advocating for their rights and welfare. The rights and responsibilities of trade unions are mainly as follows:
-
Protection of employee interests: Trade unions play a pivotal role in safeguarding the legitimate interests of employees by:
-
- assisting and guiding employees in the formulation and fulfilment of employment contracts;
- establishing effective mechanisms for collective bargaining with employers;
- conducting negotiations and formalising collective agreements with employers; and
- providing essential legal support and assistance to employees embroiled in employment disputes.
- Employee representation in decision making: Trade unions facilitate employee involvement in democratic decision making, management and supervision through the organisation of employee representatives’ congresses.
-
Oversight of employer: Trade unions are vested with the authority to oversee employers to ensure:
-
- adherence to the terms outlined in employment contracts and collective agreements;
- fair and lawful unilateral termination of employment contracts by employers; and
- that any economic layoffs by employers are conducted fairly and according to legal standards.
China
Answer ... The Personal Information Protection Law provides comprehensive regulations and responsibilities that employers must follow when handling personal information. These regulations cover various stages of data management, such as:
- storage;
- processing;
- transmission;
- disclosure; and
- deletion.
The implementation of data protection measures within the realm of employment grants employees enhanced privacy rights, covering the following key aspects:
-
Employees are entitled to be fully informed about:
-
- the types of data being collected;
- the intended purposes for which the data will be utilised; and
- the entities or individuals authorised to access this information.
- Employees have the right either to decline or to revoke their consent for the processing of their personal data.
- Employees have the right to request the removal of their personal data once its preservation ceases to be necessary for the originally specified purposes.
China
Answer ... Chinese employment laws contain no specific provisions dedicated solely to contingent workers. The term ‘contingent workers’ generally includes two main categories:
- part-time employees; and
- workers engaged through service agreements.
Part-time employment is specifically regulated by the Employment Contract Law. Part-time employment typically involves compensation based on hourly rates. The average daily working hours of a part-time employee at the same employer usually should not exceed four hours; and the cumulative weekly working hours should not exceed 24 hours. In the context of part-time employment:
- oral employment contracts can be established;
- a probationary period cannot be stipulated;
- either party (employer or employee) has the right to terminate the employment contract at any time without the requirement of economic compensation from the employer;
- the hourly rate must meet or exceed the minimum hourly salary standard set by the local government; and
- the payment cycle must not exceed 15 days.
Workers engaged through service agreements are not protected by the Employment Contract Law. Service agreements are regulated by the Civil Code. However, workers operating under service agreements can seek to classify their contractual relationship as an employment relationship if certain criteria indicative of such a relationship are present. As such, this can grant the service providers employee status and protection under the Employment Contract Law. Key elements contributing to the determination of an employment relationship include:
- both parties satisfying legal qualifications (eg, the employee has not reached retirement age);
- personal subordination (eg, the employer’s rules and regulations apply to the employee);
- economic subordination (eg, the employer provides regular compensation to the employee); and
- organisational subordination (eg, the services provided by the employee are integral to the employer’s key business operations).