73.5
71
71
Reasonable Access to Decent Work
80
80
60
75
100
100
100
40
100
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §48-49 of the Labour Law 1994; §3, 12-13 of Minimum Wage Regulations 2004; §85 of the Labour Contract Law 2007 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §50 of the Labour Law 1994; §30 & 72 of the Labour Contract Law 2007; §5 of the Minimum Wage Regulations 2004 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | Section 44 of the Labour Law 1994 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §44 of the Labour Law 1994 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | Circular of the Ministry of Human Resources and Social Security, 2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §36, 37, 41-44 of the Labour Law 1994 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §36 and 41 of the Labour Code, 1994. | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §3 & 38 of Labour Law 1994; §17 of the Labour Contract Law 2007 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §40 of Labour Law 1994, Measures on Annual Holidays for Public Festivals and Memorial Days | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §45 of the Labour Law 1994; §3-8 of Regulations on Paid Annual Leave of Employees | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §16 & 17 of Labour Contract Law, 2007 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | § 13 & 14 of Labour Contract Law, 2007 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | § 19-21 of Labour Contract Law, 2007 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §26 & 31 of Labour Contract Law, 2007; §21 of the Labour Union Law 1992 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | § 46-47 & 85 of Labour Contract Law, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | §30 of Guangdong Province Population and Family Planning Regulations, 2016 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §30 of Guangdong Province Population and Family Planning Regulations, 2016 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §32 of Guangdong Province Population and Family Planning Regulations, 2016 | Score adjusted because of availability of a legal source |
| Does the law require paid nursing breaks? | Yes | 1 | §9 & 11 of Regulations on Special Labour Protection for Female Employees 2012 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | Circular on Further Regulating Recruitment Practices to Promote Women's Employment, 2019; §43(2) of the Protection of Rights and Interests of Women Law, 1992 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | Regulations on Labour Protection for Female Workers and Employees 1988 and 2012 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §62 of the Labour Law 1994; §53-56 of the Social Insurance Law of the People's Republic of China 2010 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §62 of the Labour Law 1994; §9-12 of the Decree of the People’s Government of Guangdong Province No. 203 of 2014 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §29 of the Labour Law 1994; §42 (4) of the Labour Contract Law, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §37, 39 & 83 of the Work Safety Law, 2002 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §21-23, 50 & 82 of the Work Safety Law, 2002 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §61 & 63 of Labour Law 1994 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §33-43 of the Social Insurance Law of the People's Republic of China 2010 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §10-22 of the Social Insurance Law of the People's Republic of China 2010 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §10-22 of the Social Insurance Law of the People's Republic of China 2010 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §44-52 of the Social Insurance Law of the People's Republic of China 2010 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | Decision of the State Council on Establishing a Basic Medical Insurance System for Urban Employees, No. 44 of 1998; ISSA Country Profile for China | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §10-22 of the Social Insurance Law of the People's Republic of China 2010 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §48 of the Constitution, 1982; § 46 of Labour Law 1994; §24 of the Protection of Rights & Interests of Women Law, 1992 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §40 of the Protection of Rights & Interests of Women Law, 1992; §11 of the Rules on Labour Protection for Female Employees 2012 | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §33 of the Constitution of China, 1982; §12-13 of the Labour Law 1994; §3, 26-31, 62 & 68 of the Employment Promotion Law 2007 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §59 of the Labour Law 1994; §3 of the Employment Promotion Law 2007 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | §60 of the Social Insurance Law of the People's Republic of China 2010 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §15 & 94, Labour Law, 1994; §28, Minor Protection Law, 1991; Regulations on Banning Child Labour, 2002 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §2 & 11 of the Compulsory Education Law, 1986 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §64-65 of the Labour Law, 1994 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §96 of the Labour Law ,1994; §88 of the Employment Contract Law | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §7 & 88 of the Labour Law 1994; Trade Union Law 1992; USDOS CRHRP 2023 (China) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §33-35 of the Labour Law 1994; §20 & 34 of the Trade Union Law 1992; §51-56 of Labour Contract Law 2007 | No Change |
| Does the law provide the right to strike? | No | 0 | §64 of the Law on Industrial Enterprises Owned by the Whole People, 1988; ITUC Global Rights Index 2024 (China Profile) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §64 of the Law on Industrial Enterprises Owned by the Whole People, 1988; ITUC Global Rights Index 2024 (China Profile) | No Change |