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Focus on Performance and Modification of the Chinese Labor Contract

When both parties have concluded their labor contract and the contract comes into force, the employing unit and the worker shall fully perform their respective obligations in adherence to the labor contract. Here are the key articles for the performance and modification of a Chinese labor contract.

1. Remuneration

Remuneration shall be paid by the employing unit to the workers on time and in full to the workers in adherence to the labor contract and the regulations of the State. If an employing unit defaults in payment or underpays a worker, he or she has the legal right to apply to the local people’s court for an order for payment, and the people’s court shall issue such an order in accordance with law.

2. Work overtime

The employing unit shall strictly apply the norm set for labor quota and shall not force the workers to work overtime or do so in any disguised form. If an employing unit requires a worker to work overtime, it shall give the worker overtime pay in adherence to the relevant regulations of the State.

3. Where a worker refuses to take hazardous operations

If a worker refuses to take hazardous operations under instructions that violate rules and regulations or that are peremptorily given by a manager of the employing unit, the worker has the right to refuses to perform such operations, which shall not be deemed as a violation of the labor contract. A worker is entitled to criticize or report or file charges against the employing unit in regards to the working conditions that endanger his or her life or health.

4. Changes of an employing unit’s name and its legal representative

If an employing unit changes its name, its legal representative, the principal leading person or investor(s), etc., performance of the labor contract shall not be affected.

5. Merger or division of an employing unit

If an employing unit is merged, divided, etc., the current labor contract shall stay valid and continue to be performed by the employing unit which succeeds to its rights and obligations.

6. Modification of the labor contract

An employing unit and a worker may modify the provisions of the labor contract after agreement on the matter through equal consultation. Modification of a labor contract shall be made in writing. Both parties shall keep a copy of the modified labor contract.

It’s important to perform a labor contract for both the employing unit and the worker. Sometimes a labor contract may need to be changed or modified according to both parties’ wills. INS has made a comprehensive guide on the Labor Contract Law of China to give you more insights on the performance and modification of a Chinese labor contract.

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DATE October 10, 2019
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