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Labor Law in Shanghai, China, is primarily governed by the national Labor Law and the Labor Contract Law. However, local regulations and policies in Shanghai also play a vital role. The laws cover various aspects of employment such as contract agreements, remuneration, working hours, rest and leave, health and safety, and dispute resolution. Chinese labor laws are generally considered employee-protective, with strict rules around termination, overtime, and social insurance.
Legal complexities can make understanding Labor Law difficult for people without an extensive legal background. Typical scenarios where you may need a lawyer include drafting and reviewing labor contract agreements, handling wrongful termination or discrimination claims, negotiating with unions or staff representatives, ensuring regulatory compliance, and dealing with disputes related to overtime or insurances. A specialist lawyer can help interpret laws, guide you through the legal procedure, and protect your rights and interests.
In Shanghai, there are numerous local labor regulations enhancing or clarifying the national laws. These include rules concerning non-competition agreements, annual leave and pay, maternity leave, overtime compensation, and minimum wages. Calculations concerning severance pay are also subject to local rules. Locally, employers are also obliged to contribute to social insurance and housing provident fund for employees. Understanding these localized regulations is crucial in ensuring employment law compliance.
The standard workweek in China is not more than 44 hours, and a single work shift should not exceed 8 hours. Overtime is permissible under certain conditions but is usually limited.
Generally, Chinese labor law does not allow at-will employment termination. The employer must have just cause and follow a strict legal procedure for dismissal.
Pregnant or nursing women in Shanghai are protected by several labor law provisions. Notably, they cannot be dismissed during pregnancy, maternity leave, or nursing period unless proven to be incompetent.
Overtime pay depends on when the overtime work is performed. On regular days, it's 150% of the salary; on rest days, it's 200% and on holidays, 300%.
As per China’s Labor Contract Law, an employer is prohibited from unilaterally reducing employee wages.
Shanghai Municipal Human Resources and Social Security Bureau provides various resources and assistance regarding labor services. AllChinaLaw.com is an online platform providing legal articles and services. Online directories like Lawyers.com can also assist in locating a nearby Labor Law attorney.
If you believe you need legal help, you should immediately contact an experienced Labor Law attorney. Prepare all relevant documents and understand your legal rights and obligations. Ensure your lawyer is well-experienced and knowledgeable in Shanghai's local Labor Law.
