71
71
Reasonable Access to
Decent Work
80
80
60
50
100
100
100
40
100
0
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
