China – Increased costs for employee severance, unfair dismissal claims and social insurance contributions

What’s new?

Several major cities in China have increased their official average local monthly compensation figures, which means many employers will be facing increased costs for employee severance, unfair dismissal claims and social insurance contributions.

 

abstract glass building

Whilst the central government usually requires minimum compensation figures to be increased at least once every two years, some cities chose not to increase the figure in recent years due to concerns around economic uncertainty, international trade tensions and higher levels of unemployment. However, many major cities have now opted to increase their average monthly compensation.

The key cities that have been affected (amongst others) are Beijing, Shanghai, Shenzhen, Guangzhou and Chengdu, with the average local monthly compensation figure increasing by 5% – 7%, depending on the city.

The monthly compensation figures are used as a benchmark to cap employer severance obligations at 300% of the local average monthly compensation and are also used as a reference point when negotiating severance packages. The changes will also result in an increase to the cap on statutory unfair dismissal damages, as the figure is typically based on 200% of an employee’s statutory severance. In addition, employers and employees will be impacted by a rise in minimum and maximum contributions for pension, medical and unemployment insurance programme due to the increased monthly compensation figures.

What should employers do now?

The increases came into effect in June and July (depending on the city), and so employers should ensure that they are compliant in making the relevant payments in line with the increased monthly compensation figures. If you need any support with this or would like any further information, please get in touch with a member of the MDR ONE team.

Article

Resource Centre

UK – Paternity Leave (Bereavement) Act 2024 passed into law

How does the Act change the law? Under the current law, statutory paternity leave lasts up to two weeks and the employee must  (1) have been continuously employed for 26 weeks by the qualifying date (which is around the 26th week of pregnancy in birth or surrogacy cases, and the week when they are matched
View

Poland – New Act on the protection of whistleblowers

To whom does the Act apply? The headcount threshold is assessed as of 1 January or 1 July of a given year and includes employees and persons performing paid work on a basis other than employment. No threshold applies to companies conducting financial, transport safety and environmental protection activities, who must have an internal whistleblowing
View

Chile – Law changes on sexual and workplace harassment

What are the changes? There are a number of changes introduced by this new law, which include (but are not limited to): Broadened definition of harassment – the law expands the definition of workplace harassment to include any kind of aggression or harassment that may “undermine, mistreat or humiliate a person or affect his or
View
Article

UAE – New Mental Health Law and employers’ obligations

Who is protected under the Mental Health Law? The Mental Health Law applies to individuals who are diagnosed with a psychiatric disorder. Under the Mental Health Law, this means any person who has disturbances in thinking, mood, behaviour, perception, memory, or other mental abilities which can lead to a defect in the social, employment, or
View
I'm looking for advice


Subscribe to our mailings