Understanding Employment Regulations in Shanghai
Shanghai, as a global financial hub, has a complex and comprehensive set of employment regulations. This article aims to provide an overview of these regulations to help foreign businesses navigate the employment landscape in Shanghai.To get more news about Shanghai employment regulations, you can citynewsservice.cn official website.
The main sources that govern employment relationships in Shanghai include the Labour Law of the People’s Republic of China (PRC), the Employment Contract Law of the PRC, the Implementing Regulations of the Employment Contract Law of the PRC, and the Social Security Law of PRC. These laws cover various aspects such as wage, working hours, rest and vacation.
One key aspect of Shanghai’s employment regulations is the protection it offers to different types of workers. Employees who form an employment relationship with enterprises, individually owned economic organisations, state departments, institutional organisations and social groups within the boundary of the PRC are protected by employment law.
Shanghai has also issued the Employment Promotion Regulations. These regulations aim to build a childbearing-friendly employment environment, making childbearing-friendly employment one of the social responsibilities undertaken by employers. They also protect the employment rights and interests of employees who have suffered from infectious diseases.
In terms of data protection and employee privacy, the regulations stipulate that employers shall not access information such as diagnosis and treatment records, medical test reports, criminal records etc., of the employees or require the employees to provide information unrelated to the performance of the employment contract when recruiting employees.
Regarding working hours, China’s Labor Contract Law states that employees should not work more than eight hours a day and no more than 44 hours a week, on average. Only under exceptional circumstances can employers ask their employees to work for more than one additional hour. However, extra working hours can never exceed three hours per day and 6 hours a month.
In conclusion, while Shanghai’s employment regulations are comprehensive and may seem complex at first glance, they are designed to protect both employers and employees. By understanding these regulations, foreign businesses can ensure they comply with local laws and provide a safe and fair working environment for their employees.
