Chapter 19 / 17 tips

While employed, upon leaving the job, and for work‑related injuries✳

This section is all about money — how it’s calculated, what paperwork you must sign, and what deadlines apply. The first three items cover payments you’re entitled to while still on the payroll. The next six items deal with situations after you leave your job. Finally, the last seven items address occupational diseases and work‑related injuries. Compensation for injuries is far higher than severance pay, and the time limits are much stricter. Unfortunately, damage caused by an occupational disease can never be fully reversed.

English text comes from the independent translation maintained by dlgrv. New entries without a translation appear in Chinese. The author's Chinese original is authoritative for the latest content. Translation snapshot: dlgrv/HowToLiveBetter · 11818c6

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01Evidence A

Overtime pay is calculated at three rates: 1.5×, 2×, and 3× the regular wage; failure to pay warrants a complaint to labor authorities, and non‑payment after the deadline incurs an additional penalty of 50%–100% of the owed amount.

For ordinary workdays, overtime must be paid at 1.5× the wage. On rest days, if no compensatory time off is granted, the rate rises to 2×. On statutory holidays such as New Year’s Day, Spring Festival, Labor Day, and National Day, overtime must be paid at 3× the wage, and compensatory time off is not permitted. If a company refuses to pay, workers may file a complaint with labor authorities. Should payment still be delayed after a deadline set by authorities, the employer must pay an extra penalty equal to half to one‑fold the original amount owed.

Cost

There is no direct cost. Simply keep copies of time‑card r…

Benefit

Statutory limits cap normal working hours at 8 per day and 44 per week. Regular overtime should not exceed one…

02Evidence A

Annual leave is calculated based on total years of service: 5, 10, or 15 days. If unused, employees receive 300% of their daily wage as compensation.

If your total work experience across all employers is at least 1 year but under 10 years, you’re entitled to 5 days of annual leave per year. For 10–20 years of experience, it’s 10 days; for 20+ years, it’s 15 days. These totals continue to accumulate even after changing jobs. If your employer cannot arrange leave and you agree to forgo it, you’ll receive three times your daily wage for those days. Signing a “voluntary waiver of annual leave” form means you’ll only receive your regular salary thereafter.

Cost

There is no cost involved. Simply add up all the years you…

Benefit

Employees who have worked continuously for 12 months qualify for annual leave. The number of days is determine…

03Evidence A

There is a legal limit on probation periods, wages must be at least 80% of the regular rate, and only one probation period may be set per employee

For contracts lasting up to one year, the maximum probation period is one month. For contracts from one to three years, it is two months. For contracts exceeding three years, or open‑ended contracts, the maximum is six months. An employer may only place an employee on probation once; offering a second probation period after the employee has been regularized is illegal. During probation, wages must be no lower than the minimum wage for that position or 80% of the agreed regular wage, and they must also meet the local minimum wage standard.

Cost

Zero expense. Spend a few minutes before signing to verify…

Benefit

Under the law, contracts of more than three months but under one year may have a probation period of no more t…

04Evidence A

Calculating N: One month’s salary per full year of service; half a month for periods under six months

When a layoff occurs, the employer must pay severance compensation calculated as follows: one month’s salary for each full year of service; periods of six months or more but less than a full year count as a full year; periods of less than six months result in half a month’s salary. The monthly salary figure is the average over the 12 months prior to termination, including bonuses, allowances, and other benefits. If an employee’s monthly salary exceeds three times the local average monthly wage from the previous year, the cap is set at three times that average, and the maximum eligible service period is 12 years.

Cost

No cost at all. Just use a calculator — it takes about ten…

Benefit

This is the statutory severance payment mandated by labor law when an employee is laid off — commonly referred…

05Evidence A

If a company fires you without 30 days’ notice, it must pay an extra month’s salary

If a company terminates your employment without giving 30 days’ written notice, it must pay you an additional month’s salary on top of the standard compensation. This is commonly referred to as “N+1.” When negotiating, make sure this extra month is listed separately so the company doesn’t include it in the base amount “N.”

Cost

No cost at all.

Benefit

Under labor law, when an employer ends a contract under this provision, there are two permissible options: eit…

06Evidence A

When a company unlawfully terminates employment, the compensation equals twice the standard severance amount

If a company unlawfully terminates an employee, the compensation payable is twice the standard severance amount — commonly referred to as “2N.” Whether termination qualifies as unlawful depends on specific circumstances. It’s advisable to seek legal aid or consult an attorney first to determine whether negotiation with the employer or pursuing arbitration is the better course of action.

Cost

There is no direct cost involved. However, arbitration can…

Benefit

Under labor law, employers who unlawfully terminate or end employment contracts must pay compensation equal to…

07Evidence B

Never sign “voluntary resignation for personal reasons”; doing so forfeits your entitlements

Signing a statement that you’re resigning voluntarily for personal reasons typically means you lose both severance pay and eligibility for unemployment benefits. Voluntary resignation isn’t covered under the circumstances that entitle workers to compensation, except in cases where the employer fails to pay wages or neglects social insurance contributions. There’s no need to sign immediately — take a night to think it over.

Cost

No monetary cost. The difficulty lies in resisting the pre…

Benefit

The Labor Contract Law specifies exactly which circumstances qualify workers for severance pay. Voluntary resi…

08Evidence C

Save pay stubs, attendance records, employment contracts, social insurance documents, and chat logs before leaving your job

Once you return your computer and work account, you won’t be able to access any of your pay stubs, attendance records, contracts, social insurance documents, or chat logs again. When filing for labor arbitration, you’ll still need these materials to prove your wage amount and whether you worked overtime. What you save are documents related to your own employment; do not take any company source code, client lists, or technical documents with you.

Cost

No expense required. It takes about half an hour to save a…

Benefit

After returning your computer and account, you lose access to all these records. While arbitration proceedings…

09Evidence C

Two things to do right after leaving your job: register for unemployment benefits and review your non-compete agreement

Right after leaving a job, you should do two things. First, register for unemployment benefits and apply for those payments. Second, carefully read through your non-compete agreement. The clock for receiving unemployment benefits starts on the day you register; waiting even one month means you’ll get fewer months of payments. Only people who lose their jobs through no fault of their own qualify for these benefits, which is another key reason to avoid signing any paperwork stating you quit “voluntarily for personal reasons” (see Section 7).

Cost

No cost at all.

Benefit

There are four main requirements to qualify for unemployment benefits: you must have paid into the unemploymen…

10Evidence A

Before taking up a post where there is dust, noise, or chemicals, check whether the contract mentions any occupational hazards; the employer must arrange and pay for three occupational health examinations.

When you sign a contract, the employer must truthfully describe any occupational hazards associated with the job, how to protect yourself, and what benefits you’re entitled to — there can be no concealment or deception. If such information is omitted, you have the right to refuse the job, and the employer cannot fire you for that reason. The employer must also arrange and pay for three occupational health examinations: before starting work, during employment, and upon leaving the job. If the pre‑termination examination is not performed, the employer cannot terminate or end your contract.

Cost

No cost involved. When signing the contract, read every cl…

Benefit

According to the Law on the Prevention and Control of Occupational Diseases, when drafting a labor contract th…

11Evidence A

Damage caused by dust, noise, and chemical toxins is irreversible: employers must provide protective gear, and workers can refuse unsafe tasks

Pneumoconiosis, noise-induced hearing loss, and chemical eye burns are all listed as statutory occupational diseases. Once lung tissue or hearing is damaged, there is no treatment capable of restoring it. You have the right to know exactly what hazards exist at your workplace and to demand that your employer supply protective equipment and facilities. You may refuse any job that fails to provide these safeguards. Any attempt by your employer to cut your pay or terminate your contract in retaliation for exercising these rights is legally invalid.

Cost

No monetary cost. The real challenge is consistently weari…

Benefit

As of August 1, 2025, the official list of occupational diseases comprises 12 main categories containing 135 d…

12Evidence A

If you’re injured at work or hit while commuting, the first step is to get a work‑injury determination; if your employer won’t file it, you must do it yourself.

Injuries that happen at work are considered work‑related injuries. Being hit while commuting — provided you bear no significant fault — also qualifies as a work‑injury. Without a formal work‑injury determination, however, you won’t receive medical coverage, wage replacement during recovery, or disability benefits. Employers must file the application within 30 days; if they fail to do so, you, your family, or a labor union may file it within one year.

Cost

There is no cost — just a trip to the social insurance aut…

Benefit

Without a work‑injury determination, all related benefits disappear: medical care, wage continuation while you…

13Evidence A

Don’t believe the myth that “staying at work counts as a workplace injury”: if you suddenly feel unwell, call 120 first — don’t rush to clock in.

Hurrying to the office when you suddenly feel unwell won’t earn you any extra compensation. To be classified as a workplace injury, the incident must occur during working hours and at the workplace; if it happens on the way to work before you even arrive, it doesn’t qualify. Cases where medical treatment is delayed past 48 hours also don’t count. Those few extra minutes spent trying to meet the criteria can actually lower your chances of survival.

Cost

No cost at all.

Benefit

This rule states that a worker must suffer a sudden illness during working hours at their workplace, and then…

14Evidence A

Even if the employer fails to enroll you in workers’ compensation insurance, you still qualify for full benefits paid entirely by the employer at the same rates

Even if your employer does not enroll you in workers’ compensation insurance, you are still entitled to all related benefits. Those benefits must then be paid in full by the employer, using the same coverage items and payment standards as if insurance had been purchased. Failure to enroll is penalized: the employer must retroactively pay premiums plus a daily late fee of 0.05%, and may face fines equal to 1–3 times the unpaid amount. The claim “the company can’t compensate you because it didn’t buy insurance” is simply untrue.

Cost

There’s no direct cost to you. However, if the employer re…

Benefit

Statutory rules clearly state that when an employer neglects to enroll an employee in workers’ compensation in…

15Evidence A

After injuries stabilize, undergo a work capacity assessment; disability grades translate directly into compensation

Once injuries have stabilized, a work capacity assessment can be done, and the resulting disability grade translates directly into compensation. One-time disability benefits are calculated based on the individual’s own salary: Grade 5 equals 18 months’ salary, Grade 6 equals 16 months’, Grade 7 equals 13 months’, Grade 8 equals 11 months’, Grade 9 equals 9 months’, and Grade 10 equals 7 months’. Before the assessment results are finalized, do not sign any “one-time settlement” agreements.

Cost

There is no monetary cost. However, completing the work ca…

Benefit

One-time disability benefits are paid out as a lump sum, calculated based on the individual’s own salary and t…

16Evidence A

Three types of compensation for work-related deaths: funeral allowance, survivor’s pension, and one-time death benefit

There are three distinct compensation amounts for workers who die on the job — don’t confuse them or focus on just one. The funeral allowance equals six months of the average monthly wage of local workers from the previous year. The survivor’s pension is paid monthly based on the deceased worker’s own wage: 40% goes to the spouse, while each other dependent relative receives 30% per month. The one-time death benefit is fixed at 20 times the per capita disposable income of urban residents nationwide in the prior year — this amount is identical across all regions.

Cost

No cost involved;

Benefit

Three separate payments are provided for work-related deaths. First, the funeral allowance equals six months o…

17Evidence B

If you’ve been bullied, insulted, or mistreated at work for a long time, don’t just endure it: document everything as evidence, then take action based on the nature of the abuse.

Employees who experience workplace bullying have a roughly 60% higher risk of developing heart disease or having a stroke, and this risk rises with the severity of the bullying. After several years, they are also about twice as likely to entertain suicidal thoughts compared to their peers. Being constantly insulted and mistreated is far from a minor inconvenience that can simply be “tolerated.”

Cost

There’s no monetary cost. However, it does take time to re…

Benefit

From a health perspective: three Swedish and Danish cohorts comprising 79,201 working adults aged 18–65 were s…

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