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Employment Rights in Shanghai, China, are regulated under the Labor Contract Law, the Labor Law, and other associated regulations. These laws ensure rights such as minimum wage, workplace safety, equal opportunity employment, and protection from discrimination. Shanghai has a rigorous legal system that seeks to protect its workers and also has a specific directive that mandates higher standards for employee benefits than anywhere else in the country.
Complexities associated with Employment Rights Law in Shanghai may make legal assistance necessary. Unlawful termination, unfair treatment, withheld wages, unsafe working conditions, or any form of discrimination are some scenarios where you may need legal help. An experienced lawyer can provide advice and represent your rights legally, making the negotiation process with your employer smoother and more efficient.
The Labor Law in Shanghai, China, primarily guarantees regulations related to working hours, rest, and vacation, minimum wage, and overtime compensation. Special provisions are also available for women and underage workers. Importantly, Shanghai’s local law includes an explicit prohibition of non-compete restrictions for employees except under certain circumstances. The law also requires all employment contracts to be written, and companies with over 20 employees should establish a trade union.
As per the Labor Law, standard working hours must not exceed eight hours per day and an average of 44 hours per week.
For overtime work, employees must receive 150% of their salary. On rest days, this must be 200%, and on statutory holidays, this must be 300%.
Labor disputes are resolved by the Labor Dispute Arbitration Committee in the first instance. The court is an option if you disagree with the Arbitration Committee’s decision.
A non-compete restriction prevents an employee from working for a competitor after leaving the employer for reasons other than retirement, redundancy, or the end of a fixed-term contract. In Shanghai, these restrictions are generally illegal except under specific exemptions.
As per latest guidelines, the minimum wage in Shanghai is RMB 2,480 per month or RMB 22 per hour.
The Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions are helpful resources for navigating Employment Rights in Shanghai. The Shanghai Municipal Bureau of Human Resources and Social Security and Shanghai Municipal Federation of Trade Unions local counterparts are also useful references.
If you need legal assistance, first consult with an attorney experienced in employment law in Shanghai to review your case and advise on the best course of action. Be acquainted with your employment contract and any workplace policies that might be relevant. Being proactive and understanding your rights is essential to getting the best results in any labor dispute.
