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Query Regarding Sick Days in China

Discussion in 'Teaching abroad' started by Adrift43, Nov 7, 2019 at 2:14 AM.

  1. Adrift43

    Adrift43 New commenter

    Hello everyone,

    Been working in China for four months now and things are going great! However one thing has become a bit of a problem. The school I am working at has nothing in the contract about sick days/illness. I assumed this was because they would follow what I assumed was Chinese Law (IE: When I googled it I found a number of international labor websites stating that the Chinese government mandates that people can take sick days. For example: https://nhglobalpartners.com/sick-leave-in-china/)

    The contract does stipulate that I do get up to 5 Personal Days, and also when you can or can not use these (No Friday/Mondays before a holiday for example). My wife who is working with me here has a tendency to catch things and has now exceeded this 5 day limit for being sick and is being deducted wages accordingly (Not a percentage of but rather a full days pay). She was however not told that this would happen nor warned that she was using personal days.

    So I was just wondering if anyone knows what the actual policy is that employer's have to follow here in China. Does anyone for instance have links to any actual governmental documents concerning this policy?

    A similar thing happened in my school last year wherein they were not following Chinese labor policy in regards to Maternity leave. They did not offer any, which another employee pointed out was going against governmental law and so they changed their policy on it.

    Any help would be greatly appreciated!
     
  2. spanboy

    spanboy Occasional commenter

    Sorry I can't help with any official figures, though it does seem that schools have different ideas re: sick. At my school we get 10 days a year, 3 of which can be 'converted' to personal days, excluding the usual Monday, Friday, not before/after a holiday etc etc. I have friends at other schools in Beijing that get 5 or 7 days, but what they lose out on sick (compared to me) they make up in other areas of their packages. I suppose it also MAY depend on the number of days the school makes you work, I don't know?

    Perhaps because it's not written in the contract you could ask legal advice about its omission and the implications of this?
     
  3. sidekick125

    sidekick125 New commenter

    I'm really sorry to hear that your wife has been so poorly! Some people don't react well at all to the pollution and can be susceptible to chest infections etc.

    I have been in Beijing for a few years now and have had friends move between international schools. 10 - 15 paid sick days seem to be the standard, however I am unsure if it is not written into your contact. Does you school have many national staff? Could you ask them what Chinese employment law says about sick days and pay related to this? Schools can say anything in their contracts, however, they do have to follow the laws stated by the PRC.
     
  4. february31st

    february31st Established commenter

    It does appear that the school are taking liberties with the labour law.
    The question is how badly you want to fight this and is the trouble worth the outcome.

    Chinese business owners are hard nosed b.a.s.t.a.r.d.s when it come to losing face. If you are going to fight this are you prepared to go all the way to court several times.

    My advice to to sign up to Search Associates, the ISR and leave the school ASAP.
     

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