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Ganzhou follows the national Labor Law framework of the People’s Republic of China, applying core protections for workers and clear duties for employers. The city enforces written contracts, wage settlement, working hours, rest, and social insurance through local labor authorities. In practice, many disputes are resolved first through mediation or arbitration before any court action.
Key rights under PRC labor law include timely wage payments, safe working conditions, and the ability to form or join a trade union. Employers in Ganzhou must maintain accurate payroll records and contribute to social insurance programs for workers. Local inspectors monitor compliance and can impose penalties for violations such as wage arrears or improper terminations.
Recent enforcement trends in Ganzhou and across Jiangxi emphasize wage payment compliance and social insurance coverage. Workers and employers alike benefit from formal contracts and clear dispute resolution channels. For most disputes, pursuing mediation and arbitration through local authorities is encouraged before court action.
Wage payment and proper social insurance are foundational obligations under PRC labour law, with local authorities focusing on prompt enforcement.
Source: Ministry of Human Resources and Social Security (MOHRSS) and State Council of the People’s Republic of China
1) The Labour Law of the People’s Republic of China (1994) governs basic employment relationships, working hours, rest, wage payment, and safety obligations. It established the principle that workers should have written contracts and fair treatment by employers. The law remains a foundation for Ganzhou’s employment practices and enforcement.\p>
2) The Labour Contract Law (promulgated 2007, effective 1 January 2008) tightens contract requirements, sets rules for fixed-term and open-ended contracts, and regulates terminations and severance. It emphasizes written contracts, clear performance terms, and proper notice procedures. Local enforcement in Ganzhou follows these national standards and supplements them with provincial and city-level guidance.
Under the Labour Contract Law, employers must provide written contracts and follow due process for terminations and severance.
Source: MOHRSS, State Council
3) The Social Insurance Law (adopted 2010, effective 2011) requires participation in pension, medical, unemployment, work injury, and maternity insurance. Employers and employees share contributions, and coverage rules apply to both full-time and eligible part-time workers. Ganzhou enforces these provisions through local social security bureaus and city-level regulations.
Mandatory social insurance contributions are a core obligation for employers and essential protection for workers under PRC law.
Source: MOHRSS, State Council
The Labour Law sets broad protections for workers, including wages and safety. The Labour Contract Law adds specific rules for written contracts, terminations, and severance. Together they govern how employers and workers form and end employment relationships.
Ask for a written contract within the first month of employment. It should outline job duties, wages, working hours, and termination terms. If missing or unclear, consult a lawyer to evaluate potential rights and remedies.
Termination must follow legal grounds such as mutual agreement, redundancy with proper severance, or performance-based just causes. Improper termination can trigger severance payments or reinstatement obligations.
Begin with mediation at the local human resources and social security bureau, then file for arbitration if mediation fails. Arbitration is typically a required step before civil litigation in labor disputes.
Severance depends on length of service and contract type. A lawyer can calculate your entitlements based on statutory formulas and the specific contract terms.
While you can proceed alone, a lawyer improves documentation, negotiation, and strategy. A specialist understands local procedures and timelines to maximize your chances.
Overtime pay is required for lawful extra hours and rest days. It is calculated at rates defined by law and provincial guidelines, and may differ by industry and contract terms.
Open-ended contracts offer longer stability, but fixed-term agreements are common in some industries. A lawyer can explain trade-offs and help negotiate terms favorable to you.
Yes. Chinese labor disputes typically require arbitration first, except in certain urgent or straightforward cases. An attorney can guide you through the process and deadlines.
Yes, eligible workers should be enrolled in social insurance programs. Employers are responsible for timely contributions, and a lawyer can help recover underpaid or missing benefits.
Arbitration usually takes a few months, while court litigation may extend to many months or over a year depending on complexity. A lawyer can provide a precise forecast for your case.
Initially pursue mediation or arbitration on the dismissal. If unsatisfied with the outcome, a civil lawsuit may be filed, and the lawyer can help prepare the appeal strategy.
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