4. Policy and regulations on labor management
Registration
Foreign-funded enterprises should register at the Beijing Labor Bureau within 30 days after receiving the Business License. A letter of approval issued by the Municipal Economic and Trade Commission should also be shown.
Labor employment
Foreign-funded enterprises must sign labor contracts with the employees on the day of starting the employment, in compliance with the Labor Law of the People's Republic of China and Regulations on the Implementation of Labor Contract System of Beijing. Foreign-funded enterprises are also required to sign labor agreements with the senders of workers concerned before the employment of them.
1. Employment
In employment personnel with the permanent residential permit of Beijing City, foreign-funded enterprises shall go through the formalities of formally employing the personnel concerned or the formalities of transfering them to the foreign-funded enterprises. In employing Beijing-based rural laborers, foreign-funded enterprises shall report the employment to the labor management bureau at the city, district or county where the relevant rural labors reside for registration.
In employing personnel from outside of Beijing, foreign-funded enterprises shall separately make employment applications to the labor management bureau at the city, district or county where the foreign-funded enterprises are based for review and approval, and shall manage to obtain the Employment License for Non-Permanent Beijing Residents Seeking Jobs in Beijing for the employees concerned.
In employing personnel form Taiwan, Hong Kong and Macao to work in Beijing, foreign-funded enterprises shall apply to Beijing Municipal Bureau of Labor for the License for the Employment of People from Taiwan, Hong Kong and Macao.
2.Termination of employment
When a labor contract expires in line with relevant agreement, the employer and the employee may negotiate to continue their relationship of labor employment and sign a new labor contract. Or, they can renounce their relationship of labor employment and terminate the labor contract.
Where a foreign-funded enterprise has to cut its workforce because of changes in production and operation, or where the relationship of labor employment involving a number of employees has to be renounced as a result that the employees remain unqualified after trial employment or that they have broken relevant regulations, the foreign-funded enterprises may act to renounce the relationship of labor employment before its natural expiration and terminate the labor contract concerned.
During the trial employment period, or at any time when the foreign-funded enterprise had encroached the legal rights and interests of employees in violation of terms of the labor contract concerned, the employees concerned may act to renounce their relationship of labor employment with the enterprise before its natural expiration and terminate the labor contract concerned.
3. Compensation policy
Where the two sides to renounce their relationship of labor employment in advance because of reasons on the part of the foreign-funded enterprise, the enterprise shall pay economic compensations to the employees concerned in line with relevant regulations of the State and government, and where the two sides have to renounce their relationship of labor employment in advance because of reasons on the part of employees, the employees concerned shall pay indemnity to the enterprise in line with relevant terms of agreements and systems of the enterprise.
Labor protection
System of Work Hours and Holiday Leaves
Enterprises must apply the system that the total work hours may not exceed 8 hours per day, and that the average work hours for each work per week may not exceed 44 hours in total. Employers must arrange holiday leaves for their employees on the occasions of the New Year's Day, the Chinese Lunar New Year's Day ( or Spring Festival), the International Labor Day, the National Day of the People's Republic of China and other holidays defined Chinese Law and government regulations.
For employees who have worked in an enterprise successively for a period of more than one year, they are eligible to enjoy the treatment of spending annual holiday leaves with pay. However, the duration of such holiday leaves is subject to decision by the enterprise concerned.
Labor safety and hygiene
Enterprises must strictly observe the regulations and standards concerning labor safety and hygiene in China. The production equipment and installations must be supplemented with safty protection devices and hygiene facilities. For new projects, expansion projects and reconstruction projects,safety protection devices and hygiene facilities must be designed, installed and put into use simultaneously with the progress in building, expanding or rebuilding the principal parts of the projects.
Labor insurance, welfare and salary system
Salary standard for Chinese employees:
The salary standard for Chinese employees is decided by the enterprise itself, but should not lower than RMB1.8 Yuan per hour and RMB 310 Yuan per month.
Standards for extraction of various welfare and pensions for Chinese employees: The foreign-funded enterprises should extract the total salaries and wages of Chinese employees from its cost and take the extraction as the base.
Price subsidiaries standards:
Foreign-funded enterprise should pay Chinese employees welfare and social insurance.
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