What are the Rights of Employee’s in China?
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According to the Labor Contract Law of the People’s Republic of China, employees enjoy the following rights:
Terminate the contract
1. Employees may terminate the labor contract if they give 30 days written notice. During the probation period, employees may terminate the labor contract if they give 3 days written notice.
2. Employees may terminate the labor contract in the case of any of the following circumstances. Furthermore, employees can claim compensation under such situations. It means the employees can quit their job without suffering much loss when the employer did something illegal.
(1) The employer fails to provide labor protection or work conditions as stipulated in the labor contract;
(2) The employer fails to pay the full amount of remunerations in a timely manner;
(3) The employer fails to pay social security premiums for the workers according to the law;
(4) The bylaws of the employer are inconsistent with any law or regulation and impair the rights and interests of the workers;
(5) A labor contract is invalid if it is signed by way of deception or coercion, or taking advantage of the other party's difficulties, to force the other party to conclude an employment contract, or to make an amendment there to that is contrary to that party's true will;
(6) Any other circumstance as prescribed by any law or administrative regulation under which the labor contract may be terminated.
Get compensation when the contract is terminated.
Except for the situations we discussed in previous paragraphs, in any of the following circumstances, the employer shall also compensate the employee:
(1) Both parties agree to terminate the labor contract through negotiation;
(2) In the case of any of the following circumstances, the employer may discharge the labor contract after giving the employee 30 days written notice or after they pay the employee one extra month's salary:
a. The employee is ill or is injured for a non-work-related reason and can’t do their original work after the expiration of the medical treatment period, and can’t do another job arranged by the employer;
b.The employee is incapable of doing their job and remains so even after the employer provides training or changes their job
(3) For some objective reason the labor contract can’t be performed anymore, such as financial difficulties of the employer.
a. It is under revitalization in accordance with the Enterprise Bankruptcy Law;
b. The employer has their business license revoked, is ordered to close down, is discharged, or goes into liquidation before schedule...