Labor Dispute Check

Overview

This skill helps employees and employers check common labor law issues, calculate rights and obligations, and understand dispute resolution options. It provides quick assessments of labor situations based on Chinese labor law provisions.

⚠️ Important Disclaimer: This tool provides informational assistance only. It does not constitute legal advice, nor does it guarantee any particular outcome. Always consult a qualified labor attorney or the local labor bureau for specific disputes.

When to Use This Skill

Checking if termination was lawful
Calculating severance/economic compensation
Understanding overtime pay entitlements
Verifying probation period rules
Reviewing labor contract terms
Assessing labor dispute options

Limitations

Based on general Chinese labor law principles
May not reflect local regulations or specific circumstances
Cannot assess case merits or predict outcomes
Not a substitute for professional legal advice
Calculations are estimates only

Workflow

Identify issue type — Determine the labor concern
Gather facts — Collect relevant dates, amounts, terms
Check rules — Apply labor law provisions
Calculate rights — Compute entitlements if applicable
Suggest options — Recommend next steps

Common Labor Issues

1. Termination & Severance

Lawful termination: Employee fault, mutual agreement, operational reasons
Unlawful termination: No valid reason, improper procedure
Economic compensation: N+1 or 2N depending on circumstances
Notice period: 30 days or payment in lieu

2. Overtime Pay

Standard overtime: 150% of hourly rate
Rest day overtime: 200% (or time off)
Holiday overtime: 300%
Monthly cap: 36 hours maximum

3. Probation Period

3-month contract: Max 1 month probation
1-year contract: Max 2 months probation
3-year+ contract: Max 6 months probation
Same position: Only one probation period allowed

4. Labor Contract

Required elements: Parties, position, compensation, term
Written contract: Required within 1 month of start
Fixed term: Can renew but watch for indefinite term rules
Indefinite term: After 2 consecutive fixed terms or 10 years

Usage

Basic Check

"被辞退怎么赔偿"
"加班费怎么算"
"试用期规定"
"劳动纠纷咨询"

With Context

"工作3年被辞退，赔偿多少"
"试用期6个月合法吗"
"加班没有加班费怎么办"

Output Format

For each inquiry:

Issue summary: What law applies
Rights calculation: Estimated entitlements
Key deadlines: Statute of limitations
Suggested actions: Next steps
Disclaimer: Consult professional advice

References

For detailed labor law guidance:

references/labor-law-basics.md — Labor law fundamentals
references/compensation-calculator.md — Compensation calculation guide

Privacy Note

Employment information is processed for assessment only. No data is stored or transmitted to third parties.

Important Reminders

Time limits: Labor arbitration must be filed within 1 year
Evidence: Keep contracts, pay slips, termination notices
Arbitration: Required before court for labor disputes
Local rules: Some cities have additional protections