Best Wage & Hour Lawyers in Xiamen

About Wage & Hour Law in Xiamen, China

Wage and hour matters in Xiamen are governed primarily by national labor laws of the People’s Republic of China, supplemented by provincial and municipal rules and local administrative practice. Key national laws include the Labor Law, the Labor Contract Law, the Social Insurance Law and related regulations on working time, wages, overtime pay and labor dispatch. Local authorities in Xiamen implement those laws, set local minimum wage standards, and operate labor inspection and arbitration bodies that handle disputes. Both Chinese citizens and foreign workers with lawful employment are generally covered, although some procedures and documentation differ for foreigners.

Why You May Need a Lawyer

Labor disputes often involve complex factual and legal issues and sometimes confront employers who have legal counsel or corporate resources. You may need a lawyer if you are dealing with unpaid wages or overtime, unlawful deductions, denial of statutory benefits such as social insurance, wrongful termination or disputed severance, misclassification as a contractor, unlawful use of labor dispatch, collective disputes, employer insolvency, or cross-border issues involving foreign employees. A lawyer can explain your rights, evaluate evidence, negotiate settlements, prepare arbitration or litigation filings, and represent you before arbitration panels, courts and administrative agencies.

Local Laws Overview

Below are the key aspects of law and practice that most commonly affect wage and hour disputes in Xiamen.

- Working hours and rest: The national standard is generally eight hours a day and 40 hours a week under the standard working-hours system. Overtime work requires additional pay or compensatory rest in accordance with law.

- Overtime pay rates: Chinese law sets minimum overtime pay rates - higher pay is required for rest days and statutory holidays if compensatory rest is not provided. Employers must calculate overtime on a correct basis and pay accordingly.

- Minimum wage: Xiamen sets its own local minimum wage levels that are updated from time to time. Employers must pay at least the local minimum wage for regular working hours.

- Wage payment and records: Employers must pay wages on time, in full and in legal tender, and keep payroll and attendance records. Payslips or written statements that show wage calculations are important evidence.

- Employment contracts and probation: Employers must provide written employment contracts. Probation periods are limited in length depending on the duration of the contract.

- Social insurance and benefits: Employers are generally required to make contributions for pension, medical insurance, unemployment insurance, work-injury insurance and maternity insurance. Failure to contribute can give rise to administrative and legal claims.

- Termination and severance: Termination must comply with statutory rules. In many cases where an employer unlawfully terminates employment, an employee is entitled to economic compensation or reinstatement subject to specific legal conditions.

- Labor dispatch: Use of labor-dispatch agencies is tightly regulated. Workers dispatched through agencies have rights to equal pay for equal work and to social insurance contributions.

- Enforcement and remedies: Disputes are typically handled first through labor inspection and then through labor arbitration. If arbitration does not resolve the matter, parties can sue in the people’s courts. In serious cases of deliberate wage theft, criminal liability may apply.

Frequently Asked Questions

What are the normal working hours and when am I entitled to overtime pay?

The standard working time system in China provides for roughly eight hours per day and 40 hours per week for most employees. Work beyond regular hours generally counts as overtime and triggers higher pay rates or compensatory rest. Overtime rules depend on whether overtime falls on a regular work day, a rest day or a statutory holiday. Your contract, any applicable collective agreements and local practice also affect how overtime is approved and paid.

How can I find out the current minimum wage in Xiamen?

Minimum wage levels are set by local government bodies and are adjusted periodically. To find the current minimum wage for Xiamen, check official announcements from the Xiamen municipal human resources and social security authority or consult a local labor lawyer or legal aid office. Do not rely on old figures, because minimum wages change over time.

How often must my employer pay me and what records should I receive?

Employers must pay wages at least monthly and in full, unless a different lawful arrangement is agreed in writing. Employers should provide clear salary statements or payslips showing gross pay, deductions and net pay. Keep bank transfer records, payslips, employment contracts and attendance records as evidence if a dispute arises.

What should I do if my employer owes me wages or has not paid overtime?

Start by raising the issue in writing with your employer or HR and request payment with a clear deadline. If the employer does not resolve the issue, you can report the problem to the local labor inspection authority and then file a claim with the local labor arbitration committee. If arbitration is unsuccessful, you may take the matter to the people’s court. A lawyer can help you prepare documentation, calculate unpaid amounts, and represent you in arbitration or court.

Can my employer make deductions from my salary?

Deductions are only lawful in limited circumstances, such as statutory social insurance and taxation, or when authorized by law or a clear agreement. Unauthorized deductions, such as fines or arbitrary withholding, may be illegal. Save evidence of any deductions and seek legal advice quickly if you suspect improper withholding.

What are my rights if my employer has not paid social insurance contributions?

Employees have the right to require employers to pay legally required social insurance contributions. If contributions are missing, you can report the employer to the social insurance administration and to labor inspection authorities, and pursue claims through arbitration or court. Missing contributions can affect pension, medical coverage and unemployment benefits, so timely action is important.

Am I entitled to severance if I am dismissed and how is it calculated?

Whether you are entitled to severance depends on the reason for dismissal and compliance with statutory procedures. In many unlawful dismissal scenarios the employer is required to pay economic compensation calculated with reference to your wage and years of service. The exact calculation and entitlements depend on the facts of the case and applicable laws. Consult a lawyer to understand your likely remedies.

How long do I have to bring a wage claim?

There are time limits for filing labor disputes and court actions. These limits can vary by claim type and by whether you pursue arbitration first. Because delays can affect your ability to recover unpaid wages, you should act promptly, preserve evidence and seek legal advice on the applicable deadlines for your situation.

Do foreign workers have the same protections as Chinese workers?

Foreign workers lawfully employed in China are generally protected by the same labor and wage laws as Chinese nationals, including rights to wages, overtime pay and social insurance where applicable. Employment must be supported by the appropriate work permit and visa. Foreign employees should keep original employment documents, work permits and passports, and may need bilingual legal assistance when pursuing claims.

What evidence will help my wage claim succeed?

Strong evidence improves the chances of success. Important items include the written employment contract, pay slips, bank transfer records, attendance and timesheet records, work emails and messages about hours and pay, social insurance payment records, witness statements from colleagues, and any demand letters or employer replies. Keep copies of all documents and preserve digital communications.

Additional Resources

Here are local and national bodies and resources that can help you get information or initiate complaints in Xiamen:

- Xiamen Municipal Human Resources and Social Security Bureau - oversees employment policy and minimum wage announcements.

- Xiamen Labor Inspection Offices - accepts reports on unlawful wage practices and workplace violations.

- Xiamen Labor Arbitration Commission - primary forum for resolving labor disputes before court.

- Fujian Provincial Human Resources and Social Security Department - provincial guidance and regulatory materials.

- All-China Federation of Trade Unions and local trade union branches - may assist employees in collective or individual disputes.

- Local legal aid centers and community legal service stations - provide free or low-cost assistance for eligible persons.

- Law firms and lawyers specializing in labor law in Xiamen - for case evaluation, negotiation and representation.

Next Steps

If you think you have a wage or hour dispute in Xiamen, follow these practical steps:

- Gather evidence now. Collect contracts, payslips, bank records, attendance logs, messages and any proof of hours worked. Early preservation is critical.

- Try to resolve the matter internally. Send a written demand to HR or the employer setting out the unpaid amounts and a reasonable deadline for payment.

- If internal attempts fail, report to labor inspection and consider filing for labor arbitration. Administrative complaints can sometimes pressure employers to pay.

- Consult an experienced labor lawyer. A lawyer can review documents, estimate owed amounts, explain procedural deadlines, file arbitration or court claims, and represent you at hearings.

- Use available public resources. Contact local legal aid if you cannot afford private counsel and use municipal offices for guidance about minimum wage notices and complaint channels.

- For foreign workers, ensure your work permit and visa remain valid and bring original identification and permit documents to any meeting or hearing. Consider a bilingual lawyer if you are not fluent in Mandarin.

Act promptly, keep detailed records, and seek tailored legal advice for your circumstances. Timely, well-documented claims increase the chance of recovering unpaid wages and obtaining appropriate remedies.