Travel Reference
In-Depth Information
Foreigners working in local companies are increasingly likely to be given the same num-
ber of days as the Chinese staff. International companies, however, typically offer more.
When negotiating your contract, ensure that the number of personal annual leave days and
public holidays is clearly defined. To draw you in, a company may pad your actual number
of leave days with the 11 legal public holiday days.
Maternity and Paternity Leave
The maternity leave laws in China are quite extensive, and they reflect the value of family
in the Chinese culture. A pregnant woman (in a state-owned enterprise) is entitled to 98
days (14 weeks) of maternity leave, potentially longer for C-sections, and all women are
also entitled to the maternity component of the social insurance scheme. It's generally il-
legal for employers to decrease a female employee's wages or to unilaterally terminate her
employment while she is pregnant, on maternity leave, or in the nursing period (considered
to end on the newborn's first birthday).
Beijing's laws concerning maternity leave pay differ from Shanghai's, and in many
cases, pregnant women in Beijing are better off. In Shanghai pay rates are based on a set
company average, so for some women that effectively means a pay cut. In Beijing, however,
payments are based on the employee's average monthly salary in the previous year. So if
the social insurance payments fall short of that amount, the company must make up for the
gap. Additionally, if the social insurance payments exceed the original salary, the company
can not pocket the excess.
Unfortunately, these strict laws surrounding maternity leave can sometimes produce
negative side effects in the workplace, at times causing discrimination against women who
are of child-bearing-age and reducing their chances of getting a job, and at times burdening
a company with the costs of women who, after securing a job, disclose that they are preg-
nant and set off on maternity leave.
Paternity leave isn't really mandated. In some cases, it's said that a woman can give up
a month of her maternity leave for the husband's paternity leave, but if they work for differ-
ent companies, this means the companies have to negotiate. If paternity leave is important
to you, make sure to have it included in your contract.
Sick Leave
Sick leave in China ranges from three months to 24 months, depending on how long you've
worked for the company. During this time, it's illegal for the company to fire you. Generally
you will need to provide a doctor's certificate, even if it's for only one day. In Beijing, the
minimum salary paid during sick leave must be at least 80 percent of the minimum salary
