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Q & A
Standard of the Medical Treatment Period
According to Articles 1 and 2 of the Regulation of the Shanghai Municipal People's Government Concerning the Standard Period of Medical Treatment Given to the Shanghai’s Workers and Staff as a Result of Illness or Non-industrial Accidents during the Term of the Labor Contract, the medical treatment period refers to the period during which an employee stops working for rest because of illness or non-industrial accidents and during which the employer cannot dissolve the labor contract.
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Standard for Payment of Social Insurance Premiums and Housing Accumulation Fund
Work units shall recruit disabled individuals for employment in accordance with regulations. If an employing unit fails to fulfill its recruitment quota, it shall pay fees, namely Guarantee Fund for Employment of Disabled Individuals, at a rate of 1.6% of the annual average salaries of employees in Shanghai in the previous year.
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Regulations on the Standard of Financial Compensation
1. According to Article 47 of the Labor Contract Law, the employing unit shall pay financial compensation to an employee if it wants to dissolve or terminate his or her labor contract.
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Standard of Overtime Pay
According to Article 44 of the Labor Law of the People’s Republic of China, the standard of overtime pay is as follows:
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Regulations on the Standard of Financial Compensation
1. According to Article 47 of the Labor Contract Law, the employing unit shall pay financial compensation to an employee if it wants to dissolve or terminate his or her labor contract. The standard of compensation is listed, as below: one month's salary for each completed working year in this work unit; a working period of more than six months but less than one year shall be calculated as one year; and half a month’s salary shall be paid for a working period of less than six months.
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Standard for Payment of Social Insurance Premiums and Housing Accumulation Fund
Work units shall recruit disabled individuals for employment in accordance with regulations. If an employing unit fails to fulfill its recruitment quota, it shall pay fees, namely Guarantee Fund for Employment of Disabled Individuals, at a rate of 1.6% of the annual average salaries of employees in Shanghai in the previous year. The fees shall be paid in February.
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Standard of the Medical Treatment Period
According to Articles 1 and 2 of the Regulation of the Shanghai Municipal People's Government Concerning the Standard Period of Medical Treatment Given to the Shanghai’s Workers and Staff as a Result of Illness or Non-industrial Accidents during the Term of the Labor Contract, the medical treatment period refers to the period during which an employee stops working for rest because of illness or non-industrial accidents and during which the employer cannot dissolve the labor contract. The medical treatment period is calculated in accordance with the employee’s working years in this employing unit. An employee is entitled to three months' medical treatment period in the first year of work in this employing unit. And then, one more month is added to the medical treatment period for each completed working year, but not exceeding 24 months.
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