HowToLiveWorse

CHAPTER 19 · 19 SOURCE ENTRIES

Workplace Rights and Injuries

在职、离职和工伤

[← 回总目录](../README.md) 这一节算的是钱：钱怎么算、字怎么签、期限怎么算。前三条讲你还在岗时就该拿到手的钱，中间六条讲离职，接着七条讲职业病和工伤。工伤的钱比被裁大一个量级，期限也更硬。职业病造成的损伤换不回来。节末还有四条：在单位被欺负怎么办、离职证明怎么要、离职补偿的个税怎么算、换城市工作时社保关系怎么转过去。

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19-001
Evidence AmoneySource-sensitive

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.

加班费按 1.5 倍、2 倍、3 倍三档算，不给就投诉劳动监察，逾期不付还要加付 50% 到 100%

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.

Open the low-ROI detour

Move “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.” to Future Me's calendar

The routine already works until the day the source says it may not.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-002
Evidence AmoneySource-sensitive

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.

年休假按累计工龄算 5、10、15 天，没休成的按日工资 300% 折钱

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.

Open the low-ROI detour

Move “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.” to Future Me's calendar

There is no immediate alarm, so the sensible choice can wait for a less busy week.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-003
Evidence AmoneySource-sensitive

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

试用期有法定上限、工资不得低于 80%，而且只能约定一次

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.

Open the low-ROI detour

Move “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” to Future Me's calendar

Future Me has a clearer calendar, more patience, and apparently the same responsibilities.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off
19-004
Evidence AmoneySource-sensitive

Calculating N: One month’s salary per full year of service; half a month for periods under six months

被裁先算清 N：每满一年一个月工资，不满六个月按半个月

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.

Open the low-ROI detour

Move “Calculating N: One month’s salary per full year of service; half a month for periods under six months” to Future Me's calendar

If I do not open the notes, no new task has technically appeared.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off
19-005
Evidence AmoneySource-sensitive

If a company fires you without 30 days’ notice, it must pay an extra month’s salary

公司辞退你没提前 30 天通知，还要多付一个月工资

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.”

Open the low-ROI detour

Move “If a company fires you without 30 days’ notice, it must pay an extra month’s salary” to Future Me's calendar

One more exception feels free because the bill arrives outside the current scene.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off
19-006
Evidence AmoneySource-sensitive

When a company unlawfully terminates employment, the compensation equals twice the standard severance amount

公司违法解除的，赔偿金是经济补偿标准的二倍

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.

Open the low-ROI detour

Move “When a company unlawfully terminates employment, the compensation equals twice the standard severance amount” to Future Me's calendar

I can spend longer deciding whether to start than the small action would take.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-007
Evidence BmoneySource-sensitive

Never sign “voluntary resignation for personal reasons”; doing so forfeits your entitlements

不要签「个人原因主动辞职」，那一签就没有 N 了

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.

Open the low-ROI detour

Move “Never sign “voluntary resignation for personal reasons”; doing so forfeits your entitlements” to Future Me's calendar

The routine already works until the day the source says it may not.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-008
Evidence CmoneySource-sensitive

Save pay stubs, attendance records, employment contracts, social insurance documents, and chat logs before leaving your job

离职前把工资条、考勤、劳动合同、社保记录和聊天记录先存下来

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.

Open the low-ROI detour

Move “Save pay stubs, attendance records, employment contracts, social insurance documents, and chat logs before leaving your job” to Future Me's calendar

There is no immediate alarm, so the sensible choice can wait for a less busy week.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-009
Evidence AlifespanSource-sensitive

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.

进有粉尘、噪声、化学品的岗位之前，先看合同里写没写危害；三次职业健康检查由单位安排并掏钱

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.

Open the low-ROI detour

Move “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.” to Future Me's calendar

Future Me has a clearer calendar, more patience, and apparently the same responsibilities.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-010
Evidence AlifespanSource-sensitive

Damage caused by dust, noise, and chemical toxins is irreversible: employers must provide protective gear, and workers can refuse unsafe tasks

粉尘、噪声、化学毒物造成的损伤不可逆：防护用品单位必须给，没有防护措施的作业可以拒绝

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.

Open the low-ROI detour

Move “Damage caused by dust, noise, and chemical toxins is irreversible: employers must provide protective gear, and workers can refuse unsafe tasks” to Future Me's calendar

If I do not open the notes, no new task has technically appeared.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-011
Evidence AmoneySource-sensitive

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.

上班受伤、上下班路上被撞，第一件事是做工伤认定，单位不报你自己报

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.

Open the low-ROI detour

Move “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.” to Future Me's calendar

One more exception feels free because the bill arrives outside the current scene.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off
19-012
Evidence AlifespanSource-sensitive

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.

别信「撑到工位就算工伤」：突发不适先打 120，不是先赶去打卡

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.

Open the low-ROI detour

Move “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.” to Future Me's calendar

I can spend longer deciding whether to start than the small action would take.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off
19-013
Evidence AmoneySource-sensitive

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

单位没给你交工伤保险，工伤待遇一样有，由单位按同样的标准全额出

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.

Open the low-ROI detour

Move “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” to Future Me's calendar

The routine already works until the day the source says it may not.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-014
Evidence AmoneySource-sensitive

After injuries stabilize, undergo a work capacity assessment; disability grades translate directly into compensation

伤情稳定后去做劳动能力鉴定，伤残等级直接换算成钱

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.

Open the low-ROI detour

Move “After injuries stabilize, undergo a work capacity assessment; disability grades translate directly into compensation” to Future Me's calendar

There is no immediate alarm, so the sensible choice can wait for a less busy week.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off
19-015
Evidence AmoneySource-sensitive

Three types of compensation for work-related deaths: funeral allowance, survivor’s pension, and one-time death benefit

工亡的三笔钱要分清：丧葬补助金、供养亲属抚恤金、一次性工亡补助金

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.

Open the low-ROI detour

Move “Three types of compensation for work-related deaths: funeral allowance, survivor’s pension, and one-time death benefit” to Future Me's calendar

Future Me has a clearer calendar, more patience, and apparently the same responsibilities.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off
19-016
Evidence BlifespanSource-sensitive

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.

在单位长期被欺负、辱骂、刁难，别硬扛：先记下来留证据，再按性质走投诉、报警或者仲裁

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.”

Open the low-ROI detour

Move “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.” to Future Me's calendar

If I do not open the notes, no new task has technically appeared.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-017
Evidence AmoneySource-sensitive

When you leave a job, ask the employer for a termination certificate stating contract term, separation date, position, and years of service

离职时找单位要一份离职证明，写明合同期限、离职日期、岗位和工作年限

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.

Open the low-ROI detour

Move “When you leave a job, ask the employer for a termination certificate stating contract term, separation date, position, and years of service” to Future Me's calendar

One more exception feels free because the bill arrives outside the current scene.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off
19-018
Evidence AmoneySource-sensitive

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

拿到离职补偿先看个税：当地上年职工平均工资 3 倍以内免税，超出的部分单独算，不并进当年工资

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.

Open the low-ROI detour

Move “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” to Future Me's calendar

I can spend longer deciding whether to start than the small action would take.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off
19-019
Evidence AmoneySource-sensitive

When changing cities for work, transfer pension and medical-insurance records instead of withdrawing early

换城市工作时，把养老和医保关系转到新参保地，缴费年限接着累计，别办退保

Mainland Chinese social-insurance rules allow pension and employee medical-insurance histories to transfer and contribution periods to accumulate. A coverage gap can create a reimbursement waiting period.

Open the low-ROI detour

Move “When changing cities for work, transfer pension and medical-insurance records instead of withdrawing early” to Future Me's calendar

The routine already works until the day the source says it may not.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off

Source snapshot: a994b6a0c90598b0fe15cb837343f438dbf7b95d. Every original stays available in Chinese alongside the English edition.