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.
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.
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.
Effective( as of January, 2016)
Quota Basis for Payment |
Items for Payment |
Work Unit |
Individual |
Calculated and Ratified by the Social Securities Department (effective 1 April each year) |
Pension Insurance |
20% |
8% |
Medical Insurance |
10% |
2% |
Unemployment Insurance |
1% |
0.5% |
Maternity Insurance |
1% |
0 |
Insurance against Work-related Injury and Death |
0.4% (Effective as of April, 2016) |
0 |
Calculated and Ratified by the Housing Accumulation Fund Department |
Housing Accumulation Fund (eff. 1 July each year) |
7% |
7% |
Total |
39.4% |
17.5% |
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.
Note:
(1) The pension insurance is paid for in accordance with Article 12 of the Regulation on Retirement Pension Insurance for Urban Workers of Shanghai, Article 1 of the Circular on the Shanghai Municipal People’s Government Concerning the Adjustment of Parts of the Regulation on Retirement Pension Insurance for Urban Workers of Shanghai, the appendix of the Circular on Adjustment of the Ratio of Overall Payment of Basic Retirement Pension Insurance from Various Enterprises, jointly issued by the Ministry of Labor and Social Security and the Ministry of Finance, the Circular of the Shanghai Municipal People’s Government on the Adjustment of Ratios of Social Insurance Payments for Urban Employees in the Municipality, and the Circular on Reducing the Rate of Payment of Social Insurance Premiums in Shanghai, released by the Shanghai Municipal People’s Government on its official website, on March 22, 2016.
(2) The medical insurance is paid for in accordance with Article 5 and Article 6 of the Regulation on Basic Medical Insurance for Urban Workers of Shanghai and the Circular on Reducing the Rate of Payment of Social Insurance Premiums in Shanghai, released by the Shanghai Municipal People’s Government on its official website, on March 22, 2016.
(3) The unemployment insurance is paid for on the basis of Article 5 of the Regulation of Unemployment Insurance of Shanghai and the Circular on Reducing the Rate of Payment of Social Insurance Premiums in Shanghai, released by the Shanghai Municipal People’s Government on its official website, on March 22, 2016.
(4) Insurance against work-related injury and death is paid for in accordance with Article 10 of the Implementing Regulation on Insurance against Work-related Injury and Death of Shanghai Municipality, and the Circular on the Adjustment of Payment Rates of Insurance against Work-related Injury and Death and Other Issues (Hu Ren She Fu Fa [2016] No.3), released by the Shanghai Municipal Human Resources and Social Security Bureau.
(5) The housing accumulation fund is paid for in accordance with Article 2 of the Circular on Adjustment of the Quota Basis for Payment of Housing Accumulation Fund for the Year of 2004, issued by the Shanghai Center for Management of Housing Accumulation Fund.
(6) The maternity insurance is paid for in accordance with Article 6 of the Regulation on Maternity Insurance for Urban Employees of Shanghai. A change in payment of maternity insurance was made in August 2004, according to which employing units shall pay maternity insurance premiums for their employees on a monthly basis.
(7) The employment protection fund for disabled individuals is paid for in accordance with Article 5 and Article 6 of the Regulation on the Decentralized Arrangement of Employment of Disabled Individuals of Shanghai.
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.
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.
2. According to Article 87 of the Labor Contract Law,if an employer terminates or ends an labor contract in violation of this law, it shall pay damages to the employee at twice the rate of the severance pay provided for in Article 47 hereof.
3. If the monthly salary of an employee is greater than three times the average monthly salary of the employees in the area where the employing unit is located, the rate for the compensation paid to the employee shall be three times the average monthly salary of employees and the maximum compensation shall be for no more than 12 years of work.
4. If the employing unit cancels or terminates the labor contract with an employee after the end of the set period of medical treatment for the employee, it shall pay six months’ salary of medical treatment subsidies to the employee separately.
According to Article 44 of the Labor Law of the People’s Republic of China, the standard of overtime pay is as follows:
According to Article 44 of the Labor Law of the People’s Republic of China, the standard of overtime pay is as follows:
1. For weekday overtime work: 150 per cent of the hourly salaries of the Chinese employees.
2. For off-days’ overtime work: 200 per cent of the hourly salaries of the Chinese employees.
3. For overtime work in public holidays: 300 per cent of the hourly salary of the Chinese employees.