Illegal Employment
|
After the long national holiday, some employing entity arranged deferred rest for employees working during the holiday, but the employees refused and requested employer to pay them overtime wages. China Center experts expressed that according to the Labor Law, employer shall pay no less than 200% of the normal wages if the extended hours are arranged on rest days and no deferred rest can be taken. This shows the deferred rest is preferred before the overtime wages. Deferred rest shall be arranged by employing entity according its operation circumstances. Therefore, the employers themselves decide whether working on rest days should be paid or arranged the deferred rest.
When an employee leaves while the employer did not arrange due annual leave for him, he should be paid corresponding wages according to the due annual leave days based on his working days in that year. The calculation method is as below: (employee's calendar days spent with the entity ÷ 365 days) × employee's total annual leave days for the year – annual leave days already taken. Any portion of less than one day after conversion should not be included.
An employing unit fired the employee for he took a part-time job outside. The employee thought it was illegal since the employer did not inform the trade union of the dismissal. It was known that Jinjiang District Court judged the employer to pay a double compensation of RMB 19,600 after the first instance.
For more information about corporate social responsibilities, you may ask Intertek expert by filling in this enquiry form.
Want more up-to-date articles on Corporate Social Responsibilities? For a limited time only, the China Centre for Labour and Environment now offers a 30-day FREE trial for hktdc.com users. Click here to sign up now. |
|
|