Article 19 An enterprise with foreign investment has the right to decide
the wage standard, type of wage and system of bonus and subsidy, etc. by
itself based on its production and operation. The average wage level per
capita of the staff and workers in an enterprise is determined on the
principle of no less than 120% of the average wages of the staff and
workers in a state-owned enterprise with same trade and similar
situation in the locality. Without contrary to this principle, the
enterprise may adjust the wages based on its own economic result.
The enterprise shall be responsible for the welfare of staff and workers
during the training period before the service.
Article 20 It shall be no more than 6 working days in a week in an
enterprise with foreign investment, no more than 8 hours in a day. When
overtime work is necessary because of production and operation of the
enterprise, it must be subject to the consent of the trade union and no
exceeding 48 hours a month. The overtime pay shall not be less than 150%
of the wage earned by staff and workers in normal working days. The
overtime pay for official holiday shall not be less than 200% of the
wage earned by staff and workers in normal working days.
The staff and workers on night shift shall be given the subsidy for
night shift.
Article 21 Enterprises with foreign investment shall continue to pay
the staff and workers the wages while production is stopped for some
reasons. Such wages shall be not less than 70% of the average wages of
the staff and workers themselves.
Article 22 The wages for holidays and period of leave earned by staff
and workers in an enterprise with foreign investment are as follows:
One official day-off in a week;
7 official holidays with pay in a year, including 1 day for New Year, 3
days for Spring Festival, 1 day for Labor Day (May 1st), 2 days for
National Day;
Over 3 days' marriage leave with pay;
Over 90 days' maternity leave with pay for woman staff and workers;
Wages continue to be paid to the man staff and workers whose sick leave
in a whole year is accumulated less than 14 days, to the woman staff and
workers less than 18 days.
The enterprise shall decide the wages for yearly vocation, sick leave of
over 14 days (for 18 days) and funeral leave and period of leave.
Article 23 For staff and workers in enterprises with foreign
investment who suffer non-occupational disease or non work-related
injury, a period of 3 month medical treatment shall be given if they
work in the enterprise for less than 3 years; and a period of 6 month
medical treatment shall be given if they work for more than 3 years. The
enterprise may decide by itself to extend the period of medical
treatment for the staff and workers[1] [2] [3] [4] 下一页
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