LRI 2022 China - CLR

China

2022 Score

71

Stagnant

2020 Score

71

Rating

Reasonable Access to
Decent Work

Fair
Wages

80

Decent
Working Hours

80

Employment
Security

60

Family
Responsibilities

50

Maternity
at Work

100

Safe
Work

100

Social
Security

100

Fair
Treatment

40

Child &
Forced Labour

100

Trade
Union

0

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates 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
Does the law require regular 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
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	Section 44 of the Labour Law 1994
Does the law require additional compensation for working on a weekly rest day?	No	0	§44 of the Labour Law 1994
Does the law require additional compensation for night work?	Yes	1	Circular of the Ministry of Human Resources and Social Security, 2021

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general working hours as 48 hours or lower?	Yes	1	§36, 37, 41-44 of the Labour Law 1994
Does the law restrict maximum working hours including overtime to 56 hours per week?	Yes	1	§36 and 41 of the Labour Code, 1994.
Does the law require a weekly rest of at least 24 hours?	Yes	1	§3 & 38 of Labour Law 1994; §17 of the Labour Contract Law 2007
Does the law require paid public holidays?	Yes	1	§40 of Labour Law 1994, Measures on Annual Holidays for Public Festivals and Memorial Days
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

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§16 & 17 of Labour Contract Law, 2007
Does the law restrict the hiring of fixed-term contract workers?	No	0	§ 13 & 14 of Labour Contract Law, 2007
Does the law limit the length of probation period including renewals to a maximum of 3 months?	No	0	§ 19-21 of Labour Contract Law, 2007
Does the law require a 30-day notice before contract termination?	Yes	1	§26 & 31 of Labour Contract Law, 2007; §21 of the Labour Union Law 1992
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?	Yes	1	§ 46-47 & 85 of Labour Contract Law, 2007

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	No	0	§30 of Guangdong Province Population and Family Planning Regulations, 2016
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
Does the law require flexible work arrangements for workers with family responsibilities?	No	0	No applicable legal provisions could be located
Does the law require paid nursing breaks?	Yes	1	§9 & 11 of Regulations on Special Labour Protection for Female Employees 2012

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	Yes	1	Circular on Further Regulating Recruitment Practices to Promote Women's Employment, 2019
Does the law require paid maternity leave of at least 14 weeks?	Yes	1	Regulations on Labour Protection for Female Workers and Employees 1988 and 2012
Does the law require cash maternity benefit be at least 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
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	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
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

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§37, 39 & 83 of the Work Safety Law, 2002
Does the law require the employer to train workers on health and safety issues?	Yes	1	§21-23, 50 & 82 of the Work Safety Law, 2002
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
Does the law provide for employment injury benefit?	Yes	1	§33-43 of the Social Insurance Law of the People's Republic of China 2010

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	§10-22 of the Social Insurance Law of the People's Republic of China 2010
Does the law provide for a dependants'/survivors' pension?	Yes	1	§10-22 of the Social Insurance Law of the People's Republic of China 2010
Does the law provide for unemployment benefit?	Yes	1	§44-52 of the Social Insurance Law of the People's Republic of China 2010
Does the law require paid sick leave for the first 6 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
Does the law provide for invalidity benefit?	Yes	1	§10-22 of the Social Insurance Law of the People's Republic of China 2010

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration 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
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
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
Does the law allow women to do the same jobs as men?	No	0	§59 of the Labour Law 1994; §3 of the Employment Promotion Law 2007
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	§60 of the Social Insurance Law of the People's Republic of China 2010

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§15 & 94, Labour Law, 1994; §28, Minor Protection Law, 1991; Regulations on Banning Child Labour, 2002
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
Does the law prohibit the employment of children in hazardous work under the age of 18 years?	Yes	1	§64-65 of the Labour Law, 1994
Does the law prohibit forced labour?	Yes	1	§96 of the Labour Law ,1994; §88 of the Employment Contract Law

Trade Union

Question	Answer	Score	Legal Basis
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 2021
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; §54 of Labour Contract Law 2007
Does the law provide for the right to strike?	No	0	Art. 64 of the Law on Industrial Enterprises Owned by the Whole People, 1988
Does the law prohibit employers from terminating employment contracts of striking workers?	No	0	Art. 64 of the Law on Industrial Enterprises Owned by the Whole People, 1988