Frequently Asked Questions

Question: In case the employer does not conclude confidentiality agreement, training agreement and limitation of competition with the workers, can a worker resign without a 30 days prior notice to the employer? Can we refuse to handle the dismissal formalities without the permission of employer?
Answer: Hello! In case the employer violates the law or the labor contract, the laborers can resign without a 30 days' prior written notice to the employer. The resignation right of the laborer is empowered by Labor Law. So the resignation of the labor does not need the employer's confirmation.

Question: Can the employer revoke the labor contract if the unfixed term labor contract is concluded?
Answer:  Hello! The worker having signed unfixed term labor contract with an enterprise is not a regular worker. So the enterprise can revoke the unfixed term labor contract on the occurrence of the contract termination conditions.
 
Question: With an enterprise I concluded a 5-year labor contract which regulates that I shall pay the employer liquidated damages if I work there less than 5 years. Up to now, I have been working in the company for less than 1 year. Now the company wants to revoke the labor contract with me and requires me to pay the liquidated damages. (The reason of me leaving the company is that the company designated me to another working place and refused.)
Answer: Hello! According to the provisions of Labor Contract Law, the employer can’t collect liquidated damages from the laborers, except for the competition limitation compensation and training costs.

Question: For the recruitment of part-time employees of a company, does the means of “comprehensive working-hour calculation duty type or untime duty type" work?
Answer: Hello! The characteristic of part-time working is to work for no more than 4 hours a day. Therefore, the means of "comprehensive working-hour calculation duty type and untime duty type" can’t work upon part-time workers.

Question: My friend’s endowment insurance was suspended in June, 2005 and now he continued. What kind of influences will happen to him in the future? What are the differences between 25 years' insurance and 30 years' insurance at the time of pension drawing?
Answer: Hello! It's sure that the suspension of endowment insurance will influence the pension amount. The influences depend on the time duration of suspension. For the suspension of 1-2 years which is not too long, when the laborers reach the retirement age the endowment insurance term will lack 1-2 years. And if his or her capture standard is moderate or inferior, the pension loss is approximately a hundred Yuan or so.

Question: How does the enterprise handle the sick leave of employees who don't fall sick but get the doctor's certificate for sick leave from hospital?
Answer: Hello! The employer does not have the ability to discriminate the falsity from genuine of the employee’s sickness. It depends on the confirmation of the relevant professional department only. We suggest, the employer could improve the internal regulations, specify the detailed procedure of sick leave, and outline the related requirements on the validity of sick leave certificate and the certificate's undersign, etc, in order to avoid the problem occurs. 
 
Question: Unfixed-term labor contract has been concluded between the enterprise and the employee. How should the enterprise compensate the employee on the contract termination?
Answer: Hello! The economic compensation should comply with the provisions of Article 46, 47 and 97 of Labor Contract Law if the employer wants to terminate the labor contract, no matter it is the fixed-term or the unfixed term labor contract.

Question: Mr. Zhang began to work in a company on December 28th, 1999. How long will be his annual vacation? Is it 5 days or 10 days?
Answer: Hello! Mr. Zhang's annual vacation period in 2009 should be calculated from the day he began working in this company to December 31st, 2009. 5 days' annual vacation is for 1 to 10-year working period, 10 days' annual vacation for 10 to 20-year working period and 15 days' annual vacation for more than 20-year working period.

Question: The former company was purchased by another company, but the employee's labor contract has not reached the due day. Is the conclusion of a new labor contract necessary? Can the previous working period be counted as working term?
Answer: Hello! The employer’s name on the former labor contract should be changed into the new one and the employee’s previous working period should be counted as the working term.

Question: I concluded a probationary labor contract with the company on February, 23rd, 2009. The probationary period is one month from February 23rd, 2009 to March 23rd, 2009. The monthly salary is 1500 Yuan. And there is no subsidy and insurances, even though there is a lot of overtime working. I resigned on March 30th and had all works handed over to the supervisor. The supervisor told me to get my salary on April 15th, because the salary payment day of the company is the 15th day of each month. Since the company did not say anything about transforming me to be the regular worker, I hold a probationary contract for the whole time I worked in the company. Besides, because my salary of February is very small, the employer asked me to get the salary of February and March together on April 15th. However, on April 14th, the company called me telling me because of the financing accounting problem of the company the payment of my salary must be postponed to May 15th, plus that I should have informed the company of my resign one month in advance, which was not written into the contract. How can I get my salary back as soon as possible?
Answer: Hello! Based on the situation you reported, the company's management seriously violates the law. Since you have already resigned we suggest you negotiate with the company directly or through Labor Dispute Mediation Committee. Otherwise, you can apply to Labor Dispute Mediation Committee for arbitration in order to safeguard your own legal rights and interests. However, the application for arbitration takes time.