As health information is particularly sensitive, most would not be inclined to go through a procedure where their personal information could become known by all as leaks punctuate the claiming process. Most presidents reap extravagant sums upon retirement, largely through lucrative book and speaking deals. Meanwhile, most companies in the PRC will resort to different procedures for employees to claim their sick leave, such as: Such divergences between companies in the PRC are possible through Article 4 of the Labour Contract Law of the People's Republic of China (amended in 2012) ('the Labour Contract Law'), which allows employers to formulate and improve labour rules and regulations in accordance with the Labour Law, so as to ensure that employees enjoy their labour rights and perform their obligations. Cybersecurity Employee Records Health | Pharmaceutical Legitimate Interests Medical Data. BY Lucy Lu,Li Xin and Hang Ying.

China: Employment & Labour Laws and Regulations 2020. requiring a medical certificate for sick leave longer than one day; requiring authorisation of the filled sick leave by the employee's direct manager; and. While it should not pose a problem for longer sick leave, few employees will consider a visit to the hospital to receive a certificate to show that they do have a common cold and must stop work accordingly. Select all jurisdictions in Standards & Frameworks, Select all jurisdictions in Awareness Training, Select all jurisdictions in EU - International, Ontario Personal Health Information and Privacy Act, Nova Scotia Personal Health Information Act, Select all jurisdictions in Latin America. Furthermore, this is also the case when a company does not directly process its sick leave but makes use of a centralised Human Capital Management System, generally located outside of the claimant's jurisdiction. Employees could then avoid the procedure altogether if they are wary of their personal information being accessed. “Trump could pick up the pace of actions against China to try and further lock in a strategic rivalry without worrying about the consequences, or he could pull back on the pace of activity now that the campaign is over and try to leave things with Xi Jinping on a more positive note. What is the statutory minimum annual leave? Mann, who previously told MarketWatch he believes Beijing strongly preferred a Trump win over a Biden one, added that Trump’s “personal interest lies in leaving office in a more amicable relationship with Beijing, so that he and the Trump family can make money doing business with and in China after he leaves the White House.”, From the archives (August 2020): Intelligence official claims China preference for Biden while concluding that Russia aims to run down Biden candidacy in support of Trump’s re-election. He called President Xi Jinping a “thug” last month on national television, and promised to assemble a coalition to “pressure, isolate and punish China.”.

On what legal grounds is an employer allowed to ask for a certification from the hospital? That could include increased sanctions, which the administration has already imposed on entities and people in connection with Beijing’s transgressions in Hong Kong and the forced detainment of Muslims in China’s Xinjiang region. This means that those intermediaries could have direct access to the employee's health information, therefore employees could legitimately question why such procedures exist while they could just provide their sick leave to the relevant HR personnel. Since no specific data protection requirement exists for employee's sick leave processing, the general data protection regime will apply, which means few restrictions on the employer beyond obtaining informed consent from the subject of the personal information.

Cookie Notice. Copyright © 2020 MarketWatch, Inc. All rights reserved. Should the company trust employees and let loose on short sick leave verification? The trade war remains perhaps the largest question mark. Galaad Delval, Data Protection Officer at Chen & Co. Law Firm, discusses the current legislation covering sick leave and employee privacy, and how this may impact a company. As all processing of personal information ought to remain legal, legitimate, and necessary, justifying a ballet of intermediaries to process sick leave will not be an easy task. With a deadlocked U.S. Congress in place till January (and appearing likely to continue in the 117th Congress), legislation would be hard to accomplish in a mere two months, so action would rest largely with the executive branch. Not many employees will go to a hospital to obtain a certificate for their sick leave, which could easily take half a day, to then obtain a day of sick leave.

However, hidden costs are much greater with increased risks of mistakes from employees linked to judgment impairment (obstructed sinuses do not help when making decisions), higher number of employees with aliments, greater chance of ill employees ghosting instead of recuperating, and an erosion of trust between employees and the company. Accordingly, under this general sick leave application practice, if an ill-meaning employee is well acquainted with some doctors from the hospital who provides him or her with fake or improper medical certificate, the employee may apply for sick leave with the employer, an act deemed as unreasonable application for sick leave. keeping the sick leave medical certificate for an undetermined duration. Accordingly, under this general sick leave application practice, if an ill-meaning employee is well acquainted with some doctors from the hospital who provides him or her with fake or improper medical certificate, the employee may apply for sick leave with the employer, an act deemed as unreasonable application for sick leave. All quotes are in local exchange time. Trade-related knife twisting? National Development and Reform Commission, State Administration for Industry & Commerce, How to deal with Employees’ Unreasonable Application for Sick Leave, King & Wood Mallesons advises on the establishment of Sichuan Bank, Personal Information Protection Law (Draft): A New Data Regime. King & Wood Mallesons’ Commercial & Regulatory group. If the Employees Handbook is detailed enough and was approved by the employee prior to the sick leave claim, the employer would have vast means of control over what employees need to provide to claim their sick leave. The statutory vacation period, based on years of service, is as follows: ... An employee with more than 20 years service has taken more than 4 months of sick leave. Or should they make sure that every sick leave is medically justified? According to the PRC labor laws, an employer is obliged to ensure employee’s right to stipulated medical treatment period if an employee is suffering from illness. Republican Sen. James Lankford said in a radio interview Wednesday that President-elect Joe Biden should be receiving intelligence briefings that President Donald Trump has denied giving to him as he challenges the 2020 election results. Sick leave procedures can also be a massive deterrent for employees wishing to claim their sick leave when private matters are exposed. For instance, his company was forced by law to cancel a substantial expansion in China, where it maintained both a bank account and office. Any parting shots? As a lifelong businessman, he may naturally fall back into that sphere with the many connections he has accrued. By using this site you agree to the It differs from paid vacation time or time off work to deal with personal matters, because sick leave is intended for health-related purposes.

Some will also find it ludicrous to request a sick leave certificate for a common cold or a sore throat, while other patients may be in more urgent need to see a doctor. We open doors to global clients and unlock opportunities for them as they look to unleash the fullest potential of the Asian Century. Chen & Co. Law Firm, Shanghai, You're all set to get top regulatory news updates sent directly to your inbox, QwazzMe / Signature collection / “Despite Trump’s anti-China rhetoric during the campaign, I don’t think he’ll opt for new controversies with Beijing now that the election is over,” James Mann, the author of several books on China and a scholar-in-residence at Johns Hopkins University, told MarketWatch on Monday. Health authorities have identified a new coronavirus behind the death of one man and dozens of others falling ill.

Intrusive and improper procedures may virtually increase productivity with a higher rate of on-site employees. Tanner Brown covers China for MarketWatch and Barron’s. But this would still leave a massive portion of the billions imposed during the president’s tenure. In practice, when an employee goes to the hospital and seeks professional advice from a doctor, the doctor will take account of all factors concerning illness and health risks of the employee and then issue official medical certificate, with which the employee may apply for sick leave with the employer. What, then, can we expect in these final months as Trump ends his term and his political relationship with America’s most powerful rival becomes a mere civilian one? However, the Labour Law remains silent on the process through which employees can claim their sick leave. “There is a wide range of possibilities for the lame-duck period,” Scott Kennedy, senior adviser and trustee chair in Chinese business and economics at the Center for Strategic and International Studies, told MarketWatch. Improper processing of the employees information could result in a hefty fine under the Cybersecurity Law 2016 for infringing rules on the legitimacy, legality, and necessity of personal information processing. This depends on whether or not the employee’s sickness or injury is work-related. Or a friendlier exit as Trump no longer needs what many U.S. presidents have harnessed — a tough-on-China approach to bolster their support at home?

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