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Chapter 19 / Complete chapter

Workplace Rights and Injuries

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Editorial cartoon · Chapter 19Thin paper. Thick consequences.

Original illustration with Chinese lettering; the English dialogue is below. Humour is a reading aid, not evidence.

English dialogue
  • Just a formality.
  • Let me finish reading the plot.

Overtime pay is calculated at three rates: 1.5×, 2×, and 3× the regular wage; failure to pay warrants a complaint to labor authorities, and non‑payment after the deadline incurs an additional penalty of 50%–100% of the owed amount.

For ordinary workdays, overtime must be paid at 1.5× the wage. On rest days, if no compensatory time off is granted, the rate rises to 2×. On statutor…

Cost
There is no direct cost. Simply keep copies of time‑card records, shift schedules, and ove…
Benefit
Statutory limits cap normal working hours at 8 per day and 44 per week. Regular overtime s…

Annual leave is calculated based on total years of service: 5, 10, or 15 days. If unused, employees receive 300% of their daily wage as compensation.

If your total work experience across all employers is at least 1 year but under 10 years, you’re entitled to 5 days of annual leave per year. For 10–2…

Cost
There is no cost involved. Simply add up all the years you’ve worked at every employer; yo…
Benefit
Employees who have worked continuously for 12 months qualify for annual leave. The number …

There is a legal limit on probation periods, wages must be at least 80% of the regular rate, and only one probation period may be set per employee

For contracts lasting up to one year, the maximum probation period is one month. For contracts from one to three years, it is two months. For contract…

Cost
Zero expense. Spend a few minutes before signing to verify that the contract’s stated term…
Benefit
Under the law, contracts of more than three months but under one year may have a probation…

When a company unlawfully terminates employment, the compensation equals twice the standard severance amount

If a company unlawfully terminates an employee, the compensation payable is twice the standard severance amount — commonly referred to as “2N.” Whethe…

Cost
There is no direct cost involved. However, arbitration can take several months to resolve,…
Benefit
Under labor law, employers who unlawfully terminate or end employment contracts must pay c…

Save pay stubs, attendance records, employment contracts, social insurance documents, and chat logs before leaving your job

Employers carry the evidentiary burden in certain dismissal and wage-reduction disputes, but workers initially need to show overtime occurred. Employe…

Cost
No expense required. It takes about half an hour to save all these documents. The tricky p…
Benefit
Labor-dispute claimants generally must support their claims. An employer must produce evid…

Before taking up a post where there is dust, noise, or chemicals, check whether the contract mentions any occupational hazards; the employer must arrange and pay for three occupational health examinations.

When you sign a contract, the employer must truthfully describe any occupational hazards associated with the job, how to protect yourself, and what be…

Cost
No cost involved. When signing the contract, read every clause under “Disclosure of Occupa…
Benefit
According to the Law on the Prevention and Control of Occupational Diseases, when drafting…

Damage caused by dust, noise, and chemical toxins is irreversible: employers must provide protective gear, and workers can refuse unsafe tasks

Pneumoconiosis, noise-induced hearing loss, and chemical eye burns are all listed as statutory occupational diseases. Once lung tissue or hearing is d…

Cost
No monetary cost. The real challenge is consistently wearing respirators, earplugs, and sa…
Benefit
As of August 1, 2025, the official list of occupational diseases comprises 12 main categor…

If you’re injured at work or hit while commuting, the first step is to get a work‑injury determination; if your employer won’t file it, you must do it yourself.

Injuries that happen at work are considered work‑related injuries. Being hit while commuting — provided you bear no significant fault — also qualifies…

Cost
There is no cost — just a trip to the social insurance authority. You’ll need three docume…
Benefit
Without a work‑injury determination, all related benefits disappear: medical care, wage co…

Even if the employer fails to enroll you in workers’ compensation insurance, you still qualify for full benefits paid entirely by the employer at the same rates

Even if your employer does not enroll you in workers’ compensation insurance, you are still entitled to all related benefits. Those benefits must then…

Cost
There’s no direct cost to you. However, if the employer refuses to comply, you’ll need to …
Benefit
Statutory rules clearly state that when an employer neglects to enroll an employee in work…

After injuries stabilize, undergo a work capacity assessment; disability grades translate directly into compensation

Once injuries have stabilized, a work capacity assessment can be done, and the resulting disability grade translates directly into compensation. One-t…

Cost
There is no monetary cost. However, completing the work capacity assessment process takes …
Benefit
One-time disability benefits are paid out as a lump sum, calculated based on the individua…

If you’ve been bullied, insulted, or mistreated at work for a long time, don’t just endure it: document everything as evidence, then take action based on the nature of the abuse.

Employees who experience workplace bullying have a roughly 60% higher risk of developing heart disease or having a stroke, and this risk rises with th…

Cost
There’s no monetary cost. However, it does take time to record details such as dates, witn…
Benefit
From a health perspective: three Swedish and Danish cohorts comprising 79,201 working adul…

When you leave a job, ask the employer for a termination certificate stating contract term, separation date, position, and years of service

Whether you were dismissed, the contract expired, or you resigned, the employer must give you a termination certificate when you leave and transfer yo…

Cost
No cost. Ask in person before you go, or send a written message and keep proof you asked. …
Benefit
The Labor Contract Law requires the employer to issue a certificate when the contract is t…

Before spending severance pay, check individual income tax: amounts within three times the local prior-year average employee wage are tax-free; the excess is taxed separately, not merged into that year’s salary

One-time compensation from ending an employment relationship is tax-free up to three times the local prior-year average employee wage. Amounts above t…

Cost
No cost. Look up the local prior-year average employee wage, then spend a few minutes chec…
Benefit
A Ministry of Finance and State Taxation Administration circular states that one-time comp…

When changing cities for work: Transfer your pension and basic medical insurance accounts to the new locality so contribution years accumulate continuously, and do not surrender coverage

When relocating between cities for employment, both your pension and employee medical insurance accounts can follow you, allowing cumulative contribut…

Cost
Zero monetary cost. After enrolling and contributing in the new location, submit a transfe…
Benefit
The Social Insurance Law stipulates that when workers relocate across pooling regions for …

If your employer fails to execute a written employment contract after one month, demand double wages starting from the second month (capped at 11 months); after one year, an open-ended contract is legally established

If an employer fails to sign a written employment contract after one month of work, they must pay you double monthly wages starting from the second mo…

Cost
Zero financial outlay. Preserve evidence of active employment: payroll bank deposits, atte…
Benefit
The Labor Contract Law mandates that employers execute written labor contracts upon establ…

If your employer fails to pay or underpays social insurance, lodge an administrative complaint for retroactive back-payments; if resigning over unpaid insurance, specify the statutory violation in your resignation notice to secure statutory severance

If an employer fails to pay social insurance or pays under an illegally reduced wage base, you can lodge a labor complaint mandating back-payments plu…

Cost
Zero financial fee. Audit contribution history via municipal social security apps and save…
Benefit
The Social Insurance Law mandates that employers register, declare, and pay full social in…

If your employer demands liquidated damages upon departure, check statutory categories: liquidated damages are legally enforceable ONLY for special training service periods and non-compete agreements

Contract clauses stating that "resigning early requires paying penalties" are legally void with only two statutory exceptions: where the employer fund…

Cost
Zero financial outlay. Review your employment contract, specialized training covenants, an…
Benefit
The Labor Contract Law strictly provides that apart from specialized technical training se…

If your employer unilaterally demotes you or slashes your salary, object in writing immediately: working silently under the new terms for over a month waives your right to invalidate the change

Modifying job roles or compensation constitutes an amendment to the employment contract, requiring mutual agreement in writing. However, if you remain…

Cost
Zero financial cost. Immediately upon receiving demotion or salary cut notices, dispatch a…
Benefit
Under the Labor Contract Law, employment contracts can only be modified if employer and em…

For labor dispatch workers, wages must match permanent staff on identical positions, and both the dispatch agency and host company share joint and several liability for workplace harms

As a dispatched agency worker, your employment contract is signed with the labor dispatch agency, but the host company where you work daily shares sta…

Cost
Zero financial cost. Check your employment contract to verify which corporate entity is st…
Benefit
The Labor Contract Law provides that the labor dispatch agency is your statutory employer,…