Frequently Asked Questions

24 2026-10

How is the interest on the project payment owed by the employer calculated?

If the employer defaults on the project payment, the unpaid interest is a statutory accrual: if there is an agreement, the interest shall be calculated according to the agreement; if there is no agreement, the interest shall be calculated according to the interest rate of the same period loan or LPR, starting from the date the project payment is due. It is recommended to fix the settlement and del...

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24 2026-10

How to claim compensation for the losses caused by the delay in the construction period?

The losses due to the delay in the construction period shall be claimed by the responsible party as follows: If the delay is caused by the employer, the employer may claim compensation for the losses due to the delay in the construction period and the extension of the construction period in accordance with Articles 803 and 804 of the Civil Code; if the delay is caused by the contractor, the contra...

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24 2026-10

Can I request payment for the project if the completion acceptance fails to meet the requirements?

The completion acceptance is not automatically exempt from payment if it is not qualified: If the employer uses the project without authorization, it is considered as completed, and the contractor can claim the corresponding payment; If there are only partial defects, the contractor has no right to refuse to pay in full, and if the project is fundamentally unqualified, the contractor shall bear th...

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24 2026-10

The employer has been delaying the settlement process. What should I do?

If the employer delays the settlement, the contractor may first send a letter to urge the employer to settle the account and fix the evidence; if the contract stipulates that the employer's failure to respond within the time limit shall be deemed as an acceptance, the contractor may claim the settlement price according to the submitted settlement price; and the contractor may exercise the right of...

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24 2026-10

Can the unsigned project visa form be used as the basis for settlement?

In principle, the unsigned project visa form cannot be used directly as a basis for settlement, but it can be combined with the progress payment application form, supervision records, and other evidence to form a closed loop for the court to determine; documents with the signatures of the project manager and the department have stronger evidentiary value.

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24 2026-10

How long is the period of priority compensation rights in construction projects?

The right of priority compensation for construction project prices shall be valid for a maximum of eighteen months, starting from the date on which the employer shall pay the project price. This right shall take precedence over ordinary creditor's rights and mortgage rights, but shall not be enforceable against consumers who have paid the full or most of the housing purchase price.

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24 2026-10

How to distinguish between project subcontracting and illegal subcontracting?

Subcontracting refers to the transfer of the entire project or its components, with the original contractor relinquishing control; illegal subcontracting refers to subcontracting to unqualified units, outsourcing the main body of the project, or further subcontracting. Both situations result in the contract being invalid, and the actual constructors can legally claim the unpaid project fees.

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24 2026-10

Can the unit terminate the non-compete agreement if it fails to pay compensation?

If the employer fails to pay the economic compensation for non-competition within three months, the employee may request to rescind the non-competition agreement. According to Article 38 of the First Judicial Interpretation, if the employer fails to pay the compensation for three months due to the employer's reasons, the employee has the right to legally free himself from the non-competition oblig...

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24 2026-10

Can I claim breach of contract if I haven't signed a non-compete agreement?

If no non-compete agreement has been signed, the employer cannot claim that the employee has breached the contract. The non-compete obligation must be agreed upon in writing. The employer can only agree to the non-compete obligation with those who are obliged to keep confidentiality and pay compensation; if there is no agreement, there will be no breach of contract penalty, but the employee can be...

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24 2026-10

Is it legal to deduct wages for taking leave for prenatal checkups?

It is illegal to deduct wages for taking leave for prenatal checkups, and the time spent on prenatal checkups should be counted as working hours. According to the Special Regulations on Labor Protection for Female Workers and the Law on the Protection of Women's Rights and Interests, employers are not allowed to deduct wages or dismiss female employees due to pregnancy. Female employees can apply ...

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24 2026-10

How long of a maternity leave can I take after a miscarriage?

According to the special provisions on labor protection for female workers, women who miscarry before the fourth month of pregnancy are entitled to 15 days of maternity leave, and those who miscarry after the fourth month are entitled to 42 days of maternity leave. During this period, the wages shall be paid by the maternity insurance or the employer in accordance with the regulations.

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24 2026-10

Is breastfeeding time considered working hours?

For female employees who are breastfeeding infants under the age of one, the employer shall arrange one hour of breastfeeding time during the working hours each day. For multiple births, an additional hour shall be added for each additional child. The breastfeeding time shall be counted as working hours, and the wages shall be paid as usual.

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24 2026-10

Do male employees get paternity leave?

Male employees in Beijing are entitled to 15 days of paternity leave (care leave), which must be taken during the spouse's pregnancy. During this period, their salary will be paid as usual and their welfare benefits will remain unchanged; the employer is not allowed to deduct or refuse to approve it.

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24 2026-10

How many days of maternity leave can female employees take?

According to national regulations, the maternity leave lasts 98 days, and Beijing extends the maternity leave by 60 days, totaling 158 days; in the case of difficult delivery, the maternity leave is extended by 15 days, and for multiple births, an additional 15 days are added for each additional baby. During the maternity leave, the salary is paid by the maternity insurance or the employer.

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