# 19. 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. ### 1. 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 - Cost: There is no direct cost. Simply keep copies of time‑card records, shift schedules, and overtime approval forms; also screenshot any messages from supervisors assigning work in the team chat. The challenge is remembering to do this each month. - In plain terms: 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. - Benefit: Statutory limits cap normal working hours at 8 per day and 44 per week. Regular overtime should not exceed one hour daily; under special circumstances it may reach three hours per day, but the monthly total must stay under 36 hours. Overtime pay follows three tiers: 150% of the wage for ordinary days, 200% for rest‑day work without compensatory time, and 300% for statutory holiday work. The law explicitly forbids substituting compensatory time off for holiday overtime pay. Employers that fail to pay face orders to settle the debt promptly; non‑compliance triggers an additional penalty of 50%–100% of that debt. - Evidence grade: A - Sources:全国人大常委会 (2018). 劳动法（2018 年第二次修正，第三十六、四十一、四十三、四十四条）. （国家市场监督管理总局刊登）；全国人大常委会 (2007). 劳动合同法（第八十五条第三项）. - Notes: Rest days and statutory holidays are distinct categories; the latter comprise only a handful of nationally designated days each year. Days created through compensatory leave arrangements are treated as rest days and therefore receive the 200% rate. Statements such as “the company requires overtime approval” or “I stayed voluntarily” do not absolve employers of payment obligations, yet they can complicate evidence collection; consequently, it is vital to retain documentation of work assignments and approvals. Implementing alternative work‑time regimes such as a comprehensive‑hour calculation system or a flexible‑hour schedule requires prior authorization from labor authorities. Details on arbitration time limits appear in Section 8, Article 19. ### 2. 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 - Cost: There is no cost involved. Simply add up all the years you’ve worked at every employer; your social insurance records serve as proof. The main challenge is avoiding signing any form that states you “voluntarily waive annual leave.” - In plain terms: 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. - Benefit: Employees who have worked continuously for 12 months qualify for annual leave. The number of days is determined by total years of service across all employers. Specifically, 5 days apply to 1–10 years of experience, 10 days for 10–20 years, and 15 days for 20+ years. Statutory holidays and weekends do not count toward this total. If an employer genuinely cannot provide leave due to operational needs and you consent to forgoing it, you’ll receive 300% of your daily wage as compensation. This amount already includes your regular salary, so the extra payment equals 200% of your daily wage. Daily wage is calculated as monthly salary ÷ 21.75; monthly salary is the average of the previous 12 months’ earnings excluding overtime. New employees receive a pro‑rated amount based on days worked that year. Upon termination, unused leave is compensated proportionally, with no deductions for any leave already taken. Employers failing to provide leave or compensation face mandatory corrections; persistent non‑compliance results in an additional penalty equal to the original compensation amount (effective nationwide since 1 Jan 2008). - Evidence grade: A - Sources:国务院 (2007). 职工带薪年休假条例（国务院令第 514 号，第二、三、四、五、七条）. ；人力资源和社会保障部 (2008). 企业职工带薪年休假实施办法（人社部令第 1 号，第三、四、五、十、十一、十二、十五条）. - Notes: Total years of service are cumulative across all employers, not limited to one company. Never base calculations solely on tenure at your current employer. Only when an employee “voluntarily and in writing waives leave” may the employer limit payment to regular wages; therefore, avoid signing such waivers. Employees taking 20+ days of personal leave without wage deductions also lose annual leave entitlement. Similarly, extended sick leave disqualifies workers: 2 months for under‑10‑year experience, 3 months for 10–20 years, and 4 months for 20+ years. Family‑visit leave, marriage or bereavement leave, maternity/paternity leave, and periods of work‑related injury recovery do not count toward annual leave. ### 3. 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 - Cost: Zero expense. Spend a few minutes before signing to verify that the contract’s stated term and probation length match the legal requirements. - In plain terms: 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. - Benefit: Under the law, contracts of more than three months but under one year may have a probation period of no more than one month; those from one to three years may have a maximum of two months; and contracts of three years or longer, as well as open‑ended contracts, may have a maximum of six months. Contracts with a term defined solely by completion of a specific task, or those lasting less than three months, may not include any probation period at all. An employer may stipulate only one probation period for any given employee. If a contract mentions a probation period but does not specify its length, that period is deemed invalid and the entire contract term applies. Probation wages must be at least 80% of the lowest comparable wage within the organization or 80% of the agreed regular wage, and they must also meet the local minimum wage. Should an employer set a probation period longer than permitted by law, it must compensate the employee for the excess time at the regular monthly wage rate. Termination during probation is only permissible under specific legal circumstances, and the employer must provide a valid reason to the employee (nationwide). - Evidence grade: A - Sources:全国人大常委会 (2007). 劳动合同法（第十九、二十、二十一、八十三条）. - Notes: Three common violations occur frequently. First, a one‑year contract may contain a three‑month probation period. Second, after an employee becomes regular, the employer may attempt to impose another probation period. Third, some employers claim “no social insurance during probation,” yet the obligation to enroll begins on the first day of work, regardless of probation status; details are provided in Section 12, Item 16. Being dismissed during probation does not mean no compensation; eligibility depends on whether the dismissal meets legal criteria. Unlawful termination entitles the employee to double the regular wage as stipulated in Item 6. ### 4. Calculating N: One month’s salary per full year of service; half a month for periods under six months - Cost: No cost at all. Just use a calculator — it takes about ten minutes. - In plain terms: 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. - Benefit: This is the statutory severance payment mandated by labor law when an employee is laid off — commonly referred to as “N.” The calculation rules are: “One month’s salary per full year of service… for periods of six months or more but less than a full year, the period counts as a full year; for periods under six months, half a month’s salary is paid.” Monthly salaries exceeding three times the local average are capped at three times that figure, and the maximum service duration considered is 12 years. - Evidence grade: A - Sources:全国人大常委会 (2007). 中华人民共和国劳动合同法（2008 年 1 月 1 日施行）（第四十七条）. - Notes: The monthly salary referenced here is the average over the 12 months preceding termination, incorporating bonuses, allowances, and other benefits — not just base pay. This is precisely where employers often attempt to undervalue compensation. ### 5. If a company fires you without 30 days’ notice, it must pay an extra month’s salary - Cost: No cost at all. - In plain terms: 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.” - Benefit: Under labor law, when an employer ends a contract under this provision, there are two permissible options: either provide 30 days’ written notice to the employee, or pay an extra month’s salary and then terminate the contract. If the employer wants you to leave immediately, it must pay this additional month’s wage. This extra payment is known as “notice pay” and is calculated separately from “N.” - Evidence grade: A - Sources:全国人大常委会 (2007). 中华人民共和国劳动合同法（2008 年 1 月 1 日施行）（第三十六、三十九、四十、四十一、四十六、四十七、八十七条）. ；国务院 (2008). 劳动合同法实施条例（国务院令第 535 号）第二十条：「用人单位依照劳动合同法第四十条的规定，选择额外支付劳动者一个月工资解除劳动合同的，其额外支付的工资应当按照该劳动者上一个月的工资标准确定」. - Notes: Consequently, the typical outcome of a lawful termination under these circumstances is “N+1.” During negotiations, keep the base compensation “N” and the extra month distinct to prevent the employer from bundling them together. ### 6. When a company unlawfully terminates employment, the compensation equals twice the standard severance amount - Cost: There is no direct cost involved. However, arbitration can take several months to resolve, and you must remain actively involved throughout this period without being able to drop the process midway. - In plain terms: 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. - Benefit: Under labor law, employers who unlawfully terminate or end employment contracts must pay compensation equal to twice the standard severance amount outlined in Article 47 of the law. This means first calculating the standard severance figure and then doubling it for payment to the employee. - Evidence grade: A - Sources:全国人大常委会 (2007). 中华人民共和国劳动合同法（2008 年 1 月 1 日施行）（第八十七条）. - Notes: This is the commonly known “2N” compensation rule. Whether termination qualifies as unlawful hinges on particular facts and conditions. Seek legal counsel first; further guidance on next steps is provided in Section 7. ### 7. Never sign “voluntary resignation for personal reasons”; doing so forfeits your entitlements - Cost: No monetary cost. The difficulty lies in resisting the pressure to sign on the spot. - In plain terms: 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. - Benefit: The Labor Contract Law specifies exactly which circumstances qualify workers for severance pay. Voluntary resignation doesn’t meet these criteria, unless the employer has committed statutory violations such as wage arrears or non-payment of social insurance. Signing a voluntary resignation form usually results in forfeiting both severance pay and unemployment benefits. - Evidence grade: B - Sources:全国人大常委会 (2007). 中华人民共和国劳动合同法（2008 年 1 月 1 日施行）（第三十八条、第四十六条）. - Notes: Employers often claim, “Sign this first to start the process; we’ll arrange compensation separately.” Make sure such promises are written into the agreement before signing; otherwise, refuse to sign. Failing to sign on the same day carries no legal consequences — take time to decide calmly. ### 8. Save pay stubs, attendance records, employment contracts, social insurance documents, and chat logs before leaving your job - Cost: No expense required. It takes about half an hour to save all these documents. The tricky part is remembering to do it before you leave. - In plain terms: 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. - Benefit: After returning your computer and account, you lose access to all these records. While arbitration proceedings may lean slightly in favor of the employer, you still need your own evidence to prove your wage level and overtime hours. - Evidence grade: C - Sources:作者经验，无直接文献；维权路径见第 7 节 - Notes: Only documents related to your own employment should be saved. Do not take any company source code, client lists, or technical documentation with you; those are separate matters, as explained in Section 11. ### 9. 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 - Cost: No cost involved. When signing the contract, read every clause under “Disclosure of Occupational Disease Hazards” carefully. Make sure to keep a copy of each health examination report for yourself. The main difficulty lies in having to ask questions and request documents in person. - In plain terms: 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. - Benefit: According to the Law on the Prevention and Control of Occupational Diseases, when drafting a labor contract the employer must disclose four key points: what occupational hazards the job may bring, what health consequences might arise, how to protect yourself, and what benefits you’ll receive. The statutory wording is “the employer shall truthfully inform the worker and include this information in the contract, without any concealment or deception.” Should the employer later assign you tasks not mentioned in the contract that involve occupational hazards, it must again provide full disclosure and negotiate any contract amendments. Failure to comply gives you the right to refuse such work, and the employer may not terminate the contract on that basis. The three required health examinations must be paid for by the employer, and you must receive a written confirmation of this expense. Workers who have not undergone the pre‑employment examination may not be assigned to hazardous duties; likewise, those with specific medical contraindications must not be placed in jobs they cannot safely perform. If any work‑related health damage is detected, the worker must be transferred to a suitable position. Importantly, “an employer may not terminate or end a labor contract with a worker who has not undergone a pre‑termination occupational health examination.” Upon leaving the job, you have the right to obtain a free, certified copy of your occupational health records; the employer must provide this promptly. These records are essential for any subsequent occupational disease diagnosis, and they must be secured before you leave. Claims related to occupational disease are treated as work‑related injuries; details can be found starting at item 12. - Evidence grade: A - Sources:全国人大常委会 (2018). 职业病防治法（2018 年修正，第三十三、三十五、三十六条）. （北京市人民政府转载） - Notes: During an interview, asking just three questions can help you gauge whether a company is legitimate: whether the job involves occupational hazards, whether these are mentioned in the contract, and who pays for the pre‑employment health check. If the interviewer cannot answer or suggests “just start working first,” proceed with caution. The requirement for a pre‑termination health examination is a crucial safeguard — without it, the employer cannot end your contract. This examination also serves as key evidence for any future occupational disease claim; the same applies to the health records copy you must obtain before leaving. Claims for occupational disease are handled as work‑related injuries, and the corresponding benefits are outlined from item 12 onward. ### 10. Damage caused by dust, noise, and chemical toxins is irreversible: employers must provide protective gear, and workers can refuse unsafe tasks - Cost: No monetary cost. The real challenge is consistently wearing respirators, earplugs, and safety goggles, as well as refusing to perform tasks lacking adequate protection — this may lead coworkers to label you as “too picky.” - In plain terms: 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. - Benefit: As of August 1, 2025, the official list of occupational diseases comprises 12 main categories containing 135 distinct conditions, including four open-ended clauses. Pneumoconiosis ranks first among them, covering silicosis, coal worker’s pneumoconiosis, graphite pneumoconiosis, carbon black pneumoconiosis, asbestosis, talc pneumoconiosis, cement pneumoconiosis, mica pneumoconiosis, potter’s pneumoconiosis, aluminum pneumoconiosis, welder’s pneumoconiosis, and foundry worker’s pneumoconiosis, plus one additional open clause. Noise-induced hearing loss and blast-induced hearing loss fall under occupational ear, nose, throat, and oral diseases; chemical eye burns and photic keratitis are listed under occupational eye diseases. All these injuries are permanent — once damaged, lungs and hearing cannot be repaired. Four fundamental rights are legally guaranteed: first, the right to be informed about all occupational hazards present, their potential consequences, and required protective measures; second, the right to demand provision of compliant protective equipment and improved working conditions; third, the right to report, criticize, or file complaints against any violations of occupational health laws or practices endangering health; fourth, the right to refuse any directive ordering work without proper protective measures. Furthermore, any employer action — such as wage cuts, benefit reductions, or contract termination — taken solely because a worker exercised these lawful rights is legally void nationwide. - Evidence grade: A - Sources:国家卫生健康委、人力资源社会保障部、国家疾控局、全国总工会 (2024). 职业病分类和目录（2025 年 8 月 1 日起实施）. ；新版目录 12 大类 135 种的口径见国家卫生健康委 (2024). 新版目录将职业病调整为 12 大类 135 种. ；全国人大常委会 (2018). 职业病防治法（第三十九条）. （北京市人民政府转载） - Notes: Ensure you use respirators specifically rated for particulate filtration; ordinary gauze masks or disposable surgical masks offer no protection against dust. If your employer does not supply earplugs for noisy environments, purchasing them yourself is advisable, as hearing loss cannot be reversed. The belief that “working just two years to save money is safe” does not apply to pneumoconiosis — silicosis can manifest years after exposure ends and may worsen over time, making off-duty health checks essential (see item 10, which mandates three free occupational health examinations paid for by employers). The updated list also includes two new categories: occupational musculoskeletal disorders, specifically carpal tunnel syndrome affecting manufacturing workers performing repetitive wrist motions; and occupational mental and behavioral disorders, specifically post-traumatic stress disorder affecting police officers, medical personnel, and emergency responders involved in crisis response. Immediate first-aid measures for chemical splashes onto skin are detailed in item 13, clause 21. ### 11. 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 - Cost: There is no cost — just a trip to the social insurance authority. You’ll need three documents: a work‑injury determination application form, proof of employment, and a medical diagnosis certificate. - In plain terms: 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. - Benefit: Without a work‑injury determination, all related benefits disappear: medical care, wage continuation while you recover, and disability payments. If an employer misses the 30‑day deadline, it must pay all required benefits out of its own funds. - Evidence grade: A - Sources:国务院 (2010 修订). 工伤保险条例（国务院令第 586 号）第十四条列了七种「应当认定为工伤」，含「（六）在上下班途中，受到非本人主要责任的交通事故或者城市轨道交通、客运轮渡、火车事故伤害的」；第十七条「所在单位应当自事故伤害发生之日或者被诊断、鉴定为职业病之日起30日内，向统筹地区社会保险行政部门提出工伤认定申请」「用人单位未按前款规定提出工伤认定申请的，工伤职工或者其近亲属、工会组织在事故伤害发生之日或者被诊断、鉴定为职业病之日起1年内，可以直接向用人单位所在地统筹地区社会保险行政部门提出工伤认定申请」「用人单位未在本条第一款规定的时限内提交工伤认定申请，在此期间发生符合本条例规定的工伤待遇等有关费用由该用人单位负担」；第十九条「职工或者其近亲属认为是工伤，用人单位不认为是工伤的，由用人单位承担举证责任」；第二十条「自受理工伤认定申请之日起60日内作出工伤认定的决定」；第五十五条，对「工伤认定申请不予受理的决定不服的」「对工伤认定结论不服的」，「可以依法申请行政复议，也可以依法向人民法院提起行政诉讼」. ；最高人民法院 (2014). 关于审理工伤保险行政案件若干问题的规定（法释〔2014〕9 号）第七条：「由于不属于职工或者其近亲属自身原因超过工伤认定申请期限的，被耽误的时间不计算在工伤认定申请期限内」，所列情形为「（一）不可抗力；（二）人身自由受到限制；（三）属于用人单位原因；（四）社会保险行政部门登记制度不完善；（五）当事人对是否存在劳动关系申请仲裁、提起民事诉讼」. - Notes: The one‑year deadline is absolute — after that you can’t apply. The burden of proof rests with the employer: if it denies that an injury is work‑related, it must provide evidence to the contrary. Still, you should keep your own records — photos from the scene, coworkers’ contact info, medical records, and attendance logs. Article 16 lists three situations where injuries are not considered work‑related: intentional criminal acts, intoxication or drug use, and self‑inflicted harm or suicide. Article 15 also defines “deemed work‑injuries”: death from a sudden illness at work or within 48 hours after unsuccessful emergency treatment. ### 12. 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 - Cost: No cost at all. - In plain terms: 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. - Benefit: This rule states that a worker must suffer a sudden illness during working hours at their workplace, and then die within 48 hours despite medical efforts, to be deemed a workplace injury. Delaying medical care just to meet these conditions means sacrificing your own chance of survival for compensation that you might not even receive. - Evidence grade: A - Sources:工伤保险条例第十五条第一款第（一）项：「在工作时间和工作岗位，突发疾病死亡或者在48小时之内经抢救无效死亡的」视同工伤；第十四条第（六）项只把上下班途中「受到非本人主要责任的交通事故或者城市轨道交通、客运轮渡、火车事故伤害的」列为工伤，途中突发疾病不在其中. - Notes: Both conditions must be met: the illness must occur during working hours and at the workplace. It does not apply if the illness strikes on the way to work before reaching the office. If a worker falls ill at work, is taken home or to hospital, and dies within 48 hours despite treatment, this rule may still apply. What matters most is where the person was at the moment of illness, not where they ultimately die. Some short videos wrongly claim that “staying at work guarantees compensation”; in reality, those crucial first few minutes after falling ill — when prompt medical care is sought — are what truly determine the outcome. Additionally, the 48‑hour limit is strict: any case where treatment is delayed beyond this period does not qualify. ### 13. 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 - Cost: There’s no direct cost to you. However, if the employer refuses to comply, you’ll need to pursue arbitration or even litigation, which can take several months. The difficulty lies in having to stay actively involved throughout this lengthy process. - In plain terms: 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. - Benefit: Statutory rules clearly state that when an employer neglects to enroll an employee in workers’ compensation insurance, any resulting workplace injuries must be compensated by that employer itself, using identical coverage items and payment amounts mandated by law. In other words, the employer bears the entire financial burden without exception. - Evidence grade: A - Sources:工伤保险条例第六十二条第二款：「依照本条例规定应当参加工伤保险而未参加工伤保险的用人单位职工发生工伤的，由该用人单位按照本条例规定的工伤保险待遇项目和标准支付费用。」同条第一款：责令限期参加、补缴，「自欠缴之日起，按日加收万分之五的滞纳金；逾期仍不缴纳的，处欠缴数额1倍以上3倍以下的罚款」. - Notes: “The company can’t pay compensation because it didn’t purchase workers’ compensation insurance” is one of the most common false statements encountered in such cases. While non‑enrollment brings penalties for the employer, it does not reduce your right to receive full compensation. ### 14. After injuries stabilize, undergo a work capacity assessment; disability grades translate directly into compensation - Cost: There is no monetary cost. However, completing the work capacity assessment process takes some time. - In plain terms: 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. - Benefit: One-time disability benefits are paid out as a lump sum, calculated based on the individual’s own salary and their disability grade. For Grade 5, this equals 18 months’ salary; for Grade 6, 16 months’; for Grade 7, 13 months’; for Grade 8, 11 months’; for Grade 9, 9 months’; and for Grade 10, 7 months’. - Evidence grade: A - Sources:工伤保险条例第二十一条「经治疗伤情相对稳定后存在残疾、影响劳动能力的，应当进行劳动能力鉴定」；第二十二条「劳动功能障碍分为十个伤残等级，最重的为一级，最轻的为十级」；第三十六条五、六级待遇（一次性伤残补助金 18/16 个月本人工资，按月伤残津贴为本人工资的 70%/60%）；第三十七条七至十级待遇（13/11/9/7 个月本人工资）. - Notes: Workers with Grades 5 and 6 retain their employment status and continue to receive disability allowances each month from their employer. For those with Grades 7 through 10, upon contract expiration or voluntary termination, two additional payments apply: a one-time work injury medical allowance paid by the fund, and a one-time disability employment allowance paid by the employer; exact amounts are set by provincial regulations. Before the assessment results are finalized, do not sign any “one-time settlement” agreements. ### 15. Three types of compensation for work-related deaths: funeral allowance, survivor’s pension, and one-time death benefit - Cost: No cost involved; only a set of administrative procedures are required. - In plain terms: There are three distinct payments related to work-related deaths — don’t focus on just one of them. 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 wage: 40% goes to the spouse, while other eligible dependents each receive 30% of that wage. The one-time death benefit is a fixed amount nationwide: it equals 20 times the per capita disposable income of urban residents across China in the prior year. - Benefit: Three separate payments are provided for work-related deaths. First, the funeral allowance equals six months of the average monthly wage of workers in the relevant regional insurance pool. Second, the survivor’s pension is paid monthly at rates set relative to the deceased worker’s wage: 40% for the spouse, 30% for each other eligible dependent. Third, the one-time death benefit is a single nationwide amount equal to 20 times the per capita disposable income of urban residents in China from the previous year, with no regional variations. For deaths occurring in 2026, this benefit totals roughly 1.13 million yuan (1,130,040 yuan), calculated as 56,502 yuan — the prior year’s per capita disposable income for urban residents — multiplied by 20. - Evidence grade: A - Sources:工伤保险条例第三十九条：「（一）丧葬补助金为6个月的统筹地区上年度职工月平均工资；（二）供养亲属抚恤金按照职工本人工资的一定比例发给由因工死亡职工生前提供主要生活来源、无劳动能力的亲属。标准为：配偶每月40%，其他亲属每人每月30%，孤寡老人或者孤儿每人每月在上述标准的基础上增加10%……（三）一次性工亡补助金标准为上一年度全国城镇居民人均可支配收入的20倍。」. ；国家统计局 (2026). 2025 年居民收入和消费支出情况. - Notes: The one-time death benefit is standardized nationwide, and its exact amount updates each year based on data released by China’s National Bureau of Statistics. When negotiating compensation, claims citing “lower local standards in our region” are not valid. ### 16. 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 - Cost: There’s no monetary cost. However, it does take time to record details such as dates, witnesses, exact quotes from the abuser, and to keep original screenshots and emails. Legal proceedings like arbitration or lawsuits can last several months. Changing jobs is the most costly option; you must weigh these factors yourself. - In plain terms: 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.” - Benefit: From a health perspective: three Swedish and Danish cohorts comprising 79,201 working adults aged 18–65 were studied over an average of 12.4 years. At baseline, none had cardiovascular disease; 9% reported having experienced workplace bullying in the previous year. Those who endured bullying faced a 59% higher risk of developing cardiovascular disease (coronary heart disease or cerebrovascular disease; HR 1.59, 95% CI 1.28–1.98). Individuals subjected to workplace violence faced a 25% higher risk (HR 1.25, 95% CI 1.12–1.40); both risks increased with the frequency of abuse. A Norwegian nationwide survey of 1,846 workers, followed over three rounds of testing spaced two to three years apart, found that bullied individuals were roughly twice as likely to develop suicidal thoughts (OR 2.05, 95% CI 1.08–3.89). Conversely, people with prior suicidal thoughts did not later become more prone to bullying. From a legal standpoint: China currently lacks specific legislation addressing “workplace bullying”; actions must be evaluated against existing laws. Employers found guilty of insults, corporal punishment, physical assault, unlawful searches, or unlawful detention of workers face administrative penalties and must compensate for any harm; criminal acts incur further legal consequences. If an employer uses violence or threats to compel work, employees may terminate their contracts immediately without notice and are entitled to financial compensation. Employers must also implement measures to prevent and curb sexual harassment by leveraging authority or hierarchical relationships; victims may seek civil redress from harassers. Labor arbitration cases are resolved within 45 days of acceptance, with a possible extension of 15 days for complex cases. - Evidence grade: B - Sources:Xu T 等 (2019). Workplace bullying and workplace violence as risk factors for cardiovascular disease: a multi-cohort study. European Heart Journal. ；Nielsen MB, Nielsen GH, Notelaers G, Einarsen S (2015). Workplace Bullying and Suicidal Ideation: A 3-Wave Longitudinal Norwegian Study. American Journal of Public Health. ；全国人大常委会 (2007). 劳动合同法（第三十八条第二款、第四十六条、第八十八条）. ；全国人大 (2020). 民法典（第一千零一十条）. 最高人民检察院转载全文 ；全国人大常委会 (2022 年修订). 妇女权益保障法（第二十五条）. ；全国人大常委会 (2007). 劳动争议调解仲裁法（第四十三条）. 安康市人社局转载全文 - Notes: This grade is assigned because the health data derive from observational studies rather than randomized controlled trials, and “bullying” was self-reported by participants. This guidance does not advocate quitting a job at the first sign of mistreatment; the personal cost of changing jobs must be considered. Four practical steps can be taken: first, begin documenting incidents immediately; refer to Section 8, Item 41 for guidance on recording audio evidence. Second, submit written complaints through official internal channels and retain proof of such submissions. Third, if physical assault, unlawful confinement, or public humiliation occurs, contact law enforcement. Fourth, if forced to leave due to unpaid wages or lack of social insurance contributions, follow Section 7 (“Do not voluntarily resign”) and Section 8 (“Preserve evidence prior to leaving”) of this chapter. For details on calculating compensation, see Section 4 (“Calculate your entitlements after layoffs”). Mere neglect, exclusion, or minor mistreatment rarely violate any specific statutes; in such cases, internal complaints, job transfers, or changing employers are the primary remedies. Arbitration proceedings may take up to 60 days, while civil lawsuits typically require at least six months; legal fees must be borne by the plaintiff. If the situation becomes unbearable, call 12356 as outlined in Section 1, Item 25. ### 17. When you leave a job, ask the employer for a termination certificate stating contract term, separation date, position, and years of service - Cost: No cost. Ask in person before you go, or send a written message and keep proof you asked. The hard part is asking when relations are bad. If the employer stalls, complaints or arbitration can take weeks to months. - In plain terms: Whether you were dismissed, the contract expired, or you resigned, the employer must give you a termination certificate when you leave and transfer your personnel file and social insurance within 15 days. The certificate must state contract term, separation date, position, and how many years you worked there. You need it for unemployment registration. If the employer refuses, labor authorities order correction and must compensate any loss they caused. - Benefit: The Labor Contract Law requires the employer to issue a certificate when the contract is terminated or ended. The rule does not depend on who initiated it — non-renewal, resignation, or dismissal all count. The employer must also complete personnel file and social insurance transfer within 15 days. The implementing regulations require four items on the certificate: contract term, date of termination or end, job position, and years of service at the unit. The Unemployment Insurance Regulations require laid-off workers to take the employer’s certificate to the social insurance agency promptly for unemployment registration. Unemployment benefits start from the date of unemployment registration. If the employer does not issue a written certificate, the labor administration orders correction. If you suffer loss, the employer must pay damages. The law also provides that a new employer who hires someone still bound to a former employer and causes loss to the former employer bears joint and several liability. The termination certificate is written proof that you and the former employer have ended the relationship (nationwide). - Evidence grade: A - Sources:全国人大常委会 (2012 修正). 劳动合同法（第五十、八十九、九十一条）. ；国务院 (2008). 劳动合同法实施条例（国务院令第 535 号，第二十四条）. ；国务院 (1999). 失业保险条例（国务院令第 258 号，第十六条）. ；全国人大常委会 (2007). 劳动争议调解仲裁法（第二、二十七、四十三、五十三条）. ；国务院 (2004). 劳动保障监察条例（国务院令第 423 号，第十七条）. ；国务院 (2006). 诉讼费用交纳办法（国务院令第 481 号，第六、十三、二十九条）. - Notes: The law does not tie issuing the certificate to completing handover; economic compensation is paid after handover is done. If the employer drags its feet, send one more written demand. If still no certificate, call 12333 or complain to labor inspection at the human resources bureau. Complaints are free; after a case is opened, investigation must finish within 60 working days, extendable 30 days for complex cases. To claim damages from the employer, use labor arbitration — also free — within one year. After acceptance, arbitration closes within 45 days, extendable 15 days. You must prove the loss yourself, for example delayed unemployment registration or a new employer refusing you for lack of proof. If you disagree with the award, go to court; ordinary first-instance procedure starts at six months. Labor dispute court fees are 10 yuan per case; attorney fees are not litigation costs and you pay yourself. The four required items do not include reason for leaving. If the certificate says “voluntary resignation for personal reasons” and that is false, object on the spot — see this section item 7 (do not sign voluntary resignation). How to claim unemployment insurance: Section 7, item 1. ### 18. Before spending severance pay, check individual income tax: amounts within three times the local prior-year average employee wage are tax-free; the excess is taxed separately, not merged into that year’s salary - Cost: No cost. Look up the local prior-year average employee wage, then spend a few minutes checking how the employer withheld tax. The individual income tax app shows line-by-line filing for each payment. - In plain terms: One-time compensation from ending an employment relationship is tax-free up to three times the local prior-year average employee wage. Amounts above that are taxed on their own, not added to your annual comprehensive income. If the employer lumped the whole payment into monthly wages and withheld tax that way, ask the employer first, then call 12366 for the tax bureau. - Benefit: A Ministry of Finance and State Taxation Administration circular states that one-time compensation income from terminating a labor relationship with an employer — including economic compensation, living allowances, and other subsidies — is exempt from individual income tax within three times the local prior-year average employee wage. The portion above three times is not merged into annual comprehensive income; it is taxed separately under the comprehensive income rate table. That table taxes annual amounts up to 36,000 yuan at 3%, 36,000 to 144,000 yuan at 10%, and higher brackets up to 45%. Example: if the local prior-year average employee wage is 100,000 yuan, three times is 300,000 yuan. On 360,000 yuan compensation, only the 60,000 yuan excess is taxed — 3,480 yuan. If the full 360,000 yuan were taxed under that table, tax would be 58,080 yuan. Effective 1 January 2019; no end date stated (nationwide). - Evidence grade: A - Sources:财政部、税务总局 (2018). 关于个人所得税法修改后有关优惠政策衔接问题的通知（财税〔2018〕164 号，第五条第（一）项、第八条、第九条）. （国家税务总局政策法规库）；财政部、税务总局 (2023). 关于延续实施全年一次性奖金个人所得税政策的公告（2023 年第 30 号）. （国家税务总局政策法规库）；全国人大常委会 (2018 修正). 个人所得税法（第三、九条，个人所得税税率表一）. - Notes: The same circular sets an end date for the annual one-time bonus policy, later extended to 31 December 2027. The termination-compensation rule has no end date and does not follow the bonus extension. The circular names economic compensation, living allowances, and other subsidies; it does not separately name payment in lieu of notice or damages for unlawful termination. If unsure whether those count, call 12366 locally. Which figure counts as “local prior-year average employee wage” is determined by the local tax bureau. How compensation is calculated: this section item 4 (calculate N when laid off), item 5 (no 30-day notice), item 6 (damages for unlawful termination). One-time subsidies for early retirement or internal retirement use a different formula and are not covered here.