The maternity allowance and maternity leave pay are not overlapping: if the allowance is higher than the salary, it belongs to the employee; if it is lower, the employer will make up the difference. The two cannot be combined.
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During the medical leave period, it is prohibited to dismiss employees without fault; if the employment contract is terminated after the medical leave period, the employer must give notice 30 days in advance or pay compensation in lieu of notice, in addition to providing economic compensation and medical subsidies.
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The medical leave period ranges from three to 24 months, depending on the employee's length of service, and may be extended for special diseases. During the medical leave period, the employee is protected against dismissal, and their salary must not be less than 80% of the minimum wage.
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Employees who submit formal sick leave certificates and go through the leave-requesting procedures will not be considered as absenteeism. If the company handles the situation as absenteeism on the grounds of sick leave, the employees can claim compensation for unlawful termination.
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In the first year of employment, the annual leave shall be calculated based on the proportion of the remaining calendar days, and employees will only be entitled to it after completing one year of service. The service years across different units can be accumulated and counted together.
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Unused annual leave shall be calculated at 300% of the daily wage, including the normal wage, which is twice as much; and the annual leave of 5 to 15 days shall be determined according to the cumulative length of service.
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Overtime work on weekends (rest days) can be compensated with additional rest days as a priority. If additional rest days cannot be provided, the employer must pay double the wages. Refusing to pay on the grounds of "providing additional rest days" is illegal.
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For statutory holidays, the overtime pay shall not be less than three times the wage and cannot be replaced by compensatory rest. For rest days, the overtime pay shall be twice the wage and may be compensated by rest. For working days, the overtime pay shall be 1.5 times the wage.
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The statutory set-off requires that the types and qualities of the subject matters be the same and that both debts be due. The set-off takes effect upon receipt of the notice, except for debts that are not eligible for set-off by their nature.
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The effectiveness of the transfer of creditor's rights against the debtor requires notification. If the notification fails, methods such as public announcement and service of process may be used; the transfer contract itself is effective upon its conclusion.
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The creditor's right can be transferred to a collection company, and it will take effect after the debtor is notified; however, the transfer shall not change the content of the creditor's right, and the legal responsibility for violent collection shall be borne by the transferee.
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The right of revocation shall be exercised within one year from the date of knowing the grounds for revocation, and if it is not exercised within five years from the date of the act, it shall be extinguished. Both time limits are preclusive periods that cannot be suspended or interrupted.
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The four elements of subrogation rights are: the creditor's right is legally due and payable, the debtor fails to exercise his right, it affects the realization of the creditor's right, and the right is not exclusive; the litigation fees shall be borne by the secondary debtor.
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The debtor may transfer property after a fake divorce and leave the house with nothing. The creditor may exercise the right of revocation or add the spouse as the person subject to enforcement. If the divorce agreement is obviously unfair, it can be revoked.
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Creditors have no right to take the debtor's property as a debt repayment without authorization, which may constitute infringement or even a crime; the proper approach is to file a lawsuit, apply for preservation of evidence, and then enforce the judgment.
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