China Addendum 中国附录 For China Employees Only 仅适用于中国员工
To our China employees: Please note that wherever the laws of the People’s Republic of China (“PRC law”) provide or offer greater protection to our employees, PRC law will govern. Some of the policies below may not be applicable to all employees. Please contact a member of the Human Resources Department if you have any questions about the content of this Addendum. If there are any discrepancies in this Addendum between the Chinese and English versions, the English version shall prevail.
致我们的中国员工:请注意,凡中华人民共和国法律( “中国法律” )规定或为我们的员工提供更多保护之处,均以中国法律为准。下文的部分政策可能并非适用于所有员工。如您对本附录的内容有任何疑问,请联系人力资源部的工作人员。如本附录的中文与英文文本出现不一致时,以英文为准。 Table of Contents 目录
Supplementary Terms and Conditions of Employment 补充雇用条款和条件
Probationary Period 试用期 While Citadel hopes your employment will be long term, you will start on a probationary period as outlined in your offer letter or contract of employment. This is an opportunity for Citadel to review your suitability for the job. 虽然 Citadel 希望与您维持长期的劳动关系,您需要按照录用通知或劳动合同的规定开始试用期。这使 Citadel 有机会考察您是否适合所任职位。
If you do not pass your period of probation, you will receive a letter terminating your employment.
如果您没有通过试用期,您将收到一封解除劳动关系的通知函。
Your employment may be terminated during your probationary period by you giving three days’ prior notice in writing.
您可以在试用期内提前三天书面通知以解除您的劳动关系。
Normal Place of Work 正常工作地点
Your normal place of work is Citadel’s premises in Mainland China. We reserve the right to relocate our offices to any place within Mainland China or otherwise make reasonable changes to your normal place of work at any time. 您的正常工作地点为 Citadel 位于中国大陆的场所。我们保留在任何时候将我们的办公室搬至中国大陆境内任何地方或不时对您的正常工作地点进行合理变更的权利。
Your Work Schedule 您的工作时间安排
Subject to the approval of local labour authority, the Flexible Working Hours Scheme will apply. As it is anticipated that you would be required to work extended hours (i.e. overtime) on a regular basis, in lieu of having a fixed basic salary and monthly calculations of overtime pay and allowance for overtime actually worked, you should understand and acknowledge that the fixed remuneration to be paid to you as set out in your offer letter or contract of employment and/or secondment letter (as appropriate) has taken overtime pay and allowance into account. Therefore, you may not claim for any overtime pay or allowance for overtime worked, unless otherwise provided by the applicable local regulations. Likewise, where you have not worked overtime or have worked much less overtime hours than normally anticipated, Citadel will not deduct any amount from your salary. 经当地劳动部门批准,您将适用于不定时工作制。由于预期您需要定期工作额外的时间(即加班),作为对获得固定基本工资并每月就实际加班时间计算加班费和加班津贴的替代,您应理解并确认,在您的录用通知或劳动合同和/或借调函(如适用)中规定的向您支付的固定报酬已经考虑了加班费和加班津贴。因此,除非适用的地方法规另有规定,您无权就加班时间要求支付任何加班费或加班津贴。同样,如果您没有加班或加班时间比正常预期的要少,Citadel 不会从您的工资中扣除任何款项。 If the Flexible Working Hours Scheme does not apply to you, your working hours will not ordinarily exceed five days per week and eight hours per day (not including meal time). You should understand that you may from time to time be required to work in excess of the above working hours, or to work different working hours, in order to meet business requirements.
如果不定时工作制不适用于您,您的工作时间通常不超过每周五天且每天八小时(不包括用餐时间)。您应当理解,您可能不时需要在上述工作时间之外工作,或适用不同的工时制,以满足业务需求。
You shall be required to obtain the prior written approval of your manager for overtime, should there be a need to work in excess of the standard eight hours on a workday, or to work on Saturday or Sunday or any statutory public holiday. Approved overtime work will be compensated (i.e., by providing overtime payment or compensatory off-days) to you in accordance with applicable law, and also based on the working hours system applicable to you.
如果需要在工作日工作超过八小时的标准时间,或在星期六、星期日或任何法定节假日工作,您必须事先取得经理对加班的书面批准。经批准的加班将按照适用法律的规定,根据适用于您的工时制度向您作出补偿(即向您支付加班费或提供休息日作为补偿)。
Where you have not obtained prior written approval from your manager to work overtime, such extended work hour(s) will not be deemed as overtime and you will not be compensated with overtime pay or compensatory off-days. In addition, none of the following circumstances shall be regarded as overtime:
如您未事先取得经理对加班的书面批准,该等延长的工作时间不会被视为加班且您将不会得到加班费或调休补偿。此外,任何下列情况均不应视为加班:
(a) Participating in trainings, business banquets, celebrations, tourism activities, team building activities etc. organized by Citadel outside the specified
working hours; 参加 Citadel 在规定的工作时间之外组织的培训、商务宴请、庆典、旅游、团队建设等活动;
(b) Time for commuting to and from the work place, or time during business travel which is not recognized by Citadel as related to business travel or work;
往返工作地点的通勤时间,或出差期间不被 Citadel 认可与出差或工作有关的时间;
(c) Being engaged in activities not related to work during the approved overtime.
在批准的加班时间内从事与工作无关的活动。
Annual Leave 年休假
Entitlement 权利
In addition to the 11 public holidays gazetted by the State Council of People’s Republic of China (“statutory public holiday”), you are entitled to 20 working days’ paid annual leave per holiday year as your Annual Leave Entitlement (accrued throughout the year).
除中华人民共和国国务院公布的11天公共节假日(“法定节假日”)外,您在每个假期年度还有权享受20个工作日的带薪年休假作为您的年休假权利(全年累计)。
Procedures 程序
Your Annual Leave Entitlement is inclusive of any statutory annual leave entitlement, as detailed in the below chart. The portion of annual leave required by law is “statutory annual leave” and any annual leave granted in addition to the statutory minimum is “additional annual leave”.
您的年休假权利包含任何法定年休假权利,详见下述表格。法律规定的年休假部分为“法定年休假”,在法定最低年休假以外所给予的任何年休假为“额外年休假”。
Statutory annual leave entitlement is calculated by days and not by hours, and the minimum calculation unit is 0.5 day.
法定年休假权利按天数而非小时数计算,最小计算单位为0.5天。
Cumulative Tenure in the Workforce (X) Statutory Annual Leave Entitlement
累计社会工龄 法定年休假权利
X<1 year 0 day 不足1年 无
1 year≤X<10 years 5 days
超过1年(含)不足10年 5天
10 years≤X<20 years 10 days
超过10年(含)不足20年 10天
X≥20 years 15 days
超过20年(含) 15天
Annual leave taken will be reduced against your statutory annual leave balance first. Once you use all your statutory annual leave, any further annual leave you take will be reduced against your additional annual leave balance.
所休的年休假将首先从您的剩余法定年休假中扣减。一旦您的法定年休假已全部使用完毕,您所休的任何其他年休假均将从您的剩余额外年休假中扣减。
If you do not use up your annual leave by December 31 of the current calendar year, you are entitled to carry forward up to five days of your unused annual leave or the balance of your statutory annual leave entitlement, whichever is more, to the following calendar year. Citadel requires you to take all of your carried forward annual leave by December 31 of the calendar year immediately following the year in which the annual leave was granted. Additional carryovers of any accrued but unused annual leave are prohibited and Citadel is not obliged to make any payment in lieu of such accrued but untaken annual leave.
如果您于当前日历年12月31日之前未使用完您的年休假,您有权将最多5天的未使用年休假或您的剩余法定年休假权利(以较多者为准)结转至下一日历年。Citadel 要求您在获得年休假当年的下一日历年的12月31日之前休完所有结转的年休假。任何已累计但未使用的年休假不得再次进行结转,且 Citadel 无义务支付任何款项代替该等已累计但未使用的年休假。
Citadel reserves the right, to the extent not prohibited by law, to require you to take some or all of your outstanding Annual Leave Entitlement at any time during your employment with Citadel based on business needs.
在未被法律禁止的范围内,Citadel 保留基于业务需求要求您在受雇于 Citadel 的任何时候休取部分或全部的未休年休假的权利。
Termination of Employment 劳动关系的解除或终止
On termination of your employment, we will pay you in lieu of any accrued but untaken statutory annual leave in accordance with applicable law. Citadel is not obliged to make any payment in lieu of any accrued but untaken additional annual leave in any case.
在您的劳动关系解除或终止时,我们将根据适用法律的规定,向您支付补偿以代替任何已累计但未使用的法定年休假。在任何情况下,Citadel 均无义务支付任何款项代替任何已累计但未使用的额外年休假。
If you have used more than your accrued Annual Leave Entitlement at the termination of your employment, you must repay us for the excess days at the rate of 1/261 of your annual basic salary for each excess day. If you do not immediately repay on demand for any excess days you have taken, Citadel is hereby irrevocably authorised to deduct such amount (or any part thereof) from any money which it owes to you (including salary and/or bonuses) on or after the termination of your employment (and such deduction shall be without prejudice to Citadel’s right to seek repayment by you of any part still outstanding thereafter) subject to applicable law.
如果在您的劳动关系解除或终止之时,您使用的年休假权利超过了累计的年休假权利,则每超额使用一天,您必须向我们偿还等于您的年基本工资 1/261 的款项。如果您未在收到要求后立即偿还任何已使用的超额年休假天数的工资,您在此不可撤销地授权 Citadel 在遵守适用法律的前提下,从您的劳动关系解除或终止之时或之后 Citadel 应向您支付的任何款项(包括工资和/或奖金)中扣除该等款项(或其任何部分),且该等扣除不影响 Citadel 要求您偿还在扣除后仍未偿还的任何部分的权利。
Sickness 疾病 Entitlement 权利
If you are absent from work due to sickness or injury, you must inform your manager, the Chief Operating Officer or Human Resources at the start of your normal working day on each day of absence.
如果您因生病或受伤而缺勤,则您必须在缺勤的每个正常工作日开始时通知您的经理、首席运营官或人力资源部。
You must keep Citadel regularly informed of the reasons for and expected duration of your absence.
您必须将您缺勤的原因和预期缺勤时间定期告知 Citadel。
Any unauthorised absence for whatever reason must be explained and failure to do so may be treated as a disciplinary matter.
无论出于何种原因,任何未经批准的缺勤都必须得到解释,否则可能会被视为违纪事项。
After completing three months of continuous service, you will be entitled to sick leave in accordance with the Short-Term Disability (STD) Policy which is inclusive of any statutory entitlement you may accrue and be entitled to receive. The number of sick leave days you are entitled to under the STD Policy is counted towards the medical treatment period you are entitled to under local regulations. Please refer to the Intranet for further details of this benefit.
连续服务满三个月后,您将有权根据短期伤病政策享受病假,该政策包括您可能累计并有权获得的任何法定权利。您根据短期伤病政策享有的病假天数计入您根据地方法规享有的医疗期。请查阅内联网了解此福利的更多详情。
Pay During Sickness 患病期间的工资 If you do not qualify for STD sick pay in accordance with the STD Policy or if statutory requirements under PRC law and local regulations provide for more beneficial statutory entitlements, you will be entitled to sick leave and sick pay during your period of absence from work due to sickness or injury in accordance with the requirements of PRC law and local regulations.
如果根据短期伤病政策,您不具备获得短期伤病病假工资的资格,或者如果中国法律和地方法规的法定要求规定了更为优惠的法定权利,您将有权根据中国法律和地方法规的规定,在因生病或受伤而缺勤期间享受病假和病假工资。
Personal Data 个人数据 Citadel respects the privacy of its employees, customers, clients and candidates and complies with all applicable laws governing the collection, use, processing, disclosure, retention and destruction of personal data (as defined below), including biometric identifiers.
Citadel 尊重其员工、顾客、客户和候选人的隐私,并遵守所有适用于个人数据(定义见下文,包括生物识别特征)的收集、使用、处理、披露、保留和销毁的法律。
Citadel may collect, obtain, store, retain, create, and use certain personal data of employees that applicable law may define as, or consider to be, a biometric identifier or biometric information (collectively, “Biometric Data”).
Citadel 可能会收集、获取、存储、保留、创建及使用适用法律可能定义为或视为生物识别特征或生物识别信息的某些员工个人数据(合称“生物识别数据”)。
Definitions 定义 “Biometric identifier” means a fingerprint; voiceprint; retina, iris, or hand scan; or scan of face geometry. “Biometric identifier” does not include other information, including writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair colour, or eye colour. “生物识别特征” 指指纹、声纹、视网膜、虹膜或手部扫描;或面部几何结构扫描。“生物识别特征”不包括其他信息,例如书写样本、书面签名、照片、用于有效科学测试或筛查的人体生物样本、人口统计数据、纹身描述或身体描述,如身高、体重、头发颜色或眼睛颜色等。
“Biometric information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.
“生物识别信息” 指任何基于用于识别个人身份的个人生物识别特征的信息,无论其如何采集、转换、存储或共享。
“Personal data” refers to any information, in electronic form or other form, relating to an identified or identifiable natural person, such as individual social security numbers, telephone numbers, addresses, and driver’s license numbers.
“个人数据” 指与已识别或可识别的自然人相关的任何电子形式或其他形式的信息,例如个人的社会保障号码、电话号码、地址和驾驶证号码。
Personal Data Use and Disclosure 个人数据的使用和披露 Citadel collects personal data from employees and candidates to fulfill its compliance and reporting obligations, including background checks, verification of employment eligibility, new-hire reporting and benefits plan enrolment. Citadel does not sell, lease or trade personal data, and all disclosures outside of Citadel will be made in accordance with applicable laws and regulations.
Citadel 为履行其承担的合规和报告义务收集员工和候选人的个人数据,包括背景调查、就业资格核查、新员工报告和福利计划登记。Citadel 不会出售、出租或交易个人数据,且 Citadel 的所有对外披露将根据适用的法律法规进行。
If you refuse or are unable to provide personal data (including any sensitive personal data) as reasonably requested by Citadel, Citadel may not be able to fulfil relevant personnel administrative processes for you, including but not limited to employee management, payment of salary and bonus, and provision of social insurance and other benefits.
如果您拒绝或无法按照 Citadel 的合理要求提供个人数据(包括任何敏感的个人数据),Citadel 可能无法为您办理相关的人事管理程序,包括但不限于员工管理、工资和奖金支付、社会保险和其他福利的提供。
How Citadel Obtains Your Personal Data Citadel 如何获取您的个人数据 Citadel collects most of this personal data directly from you, including through email, interviews, from forms or other materials you complete during the on-boarding process, through our internal portal after the on-boarding process, and from your other interactions with us throughout the course of your working relationship with us, such as your use of our IT systems and premises or from internal Citadel sources, such as your managers.
此类个人数据大部分由 Citadel 直接向您收集,包括通过电子邮件、面试、您在入职过程中填写的各种表格或其他资料,入职后通过我们的内部门户网站,以及通过您在与我们维持劳动关系期间与我们进行的其他互动(例如,您对我们的 IT 系统和场所的使用),或通过 Citadel 的内部来源(例如,您的经理)。
We may also collect certain personal data about you from third parties during the hiring process or during your employment when we check references, conduct a background check, medical examination, or drug screens.
在招聘过程中或在您受雇于 Citadel 期间,当我们检查您的推荐资料或进行背景调查、体检或药物检测时,我们也可能会从第三方收集您的某些个人数据。
We may also automatically collect certain information about you as you use our IT systems or access any of our Citadel sites globally (e.g. Citadel websites, on-boarding portal, public facing marketing channels, etc.).
当您使用我们的 IT 系统或在全球访问 Citadel 网站时(例如,Citadel 网站、入职相关门户网站、面向公众的营销渠道等),我们也可能会自动收集您的某些信息。
For example, we may collect the following information about you that you either provide to us directly, that we receive from third parties, or that we collect automatically about you:
例如,我们可能会收集由您直接向我们提供的、我们从第三方获得的或由我们自动收集的关于您的信息:
为包括但不限于管理您与 Citadel 的劳动关系,在紧急情况下联系相关个人,提交纳税申报表,处理任何公司团体保险计划,或实现与前述各项有关的任何目的,Citadel 可能会不时要求您提供其他个人的某些个人数据,例如您的近亲或家庭成员。您有责任向个人数据将提供给 Citadel 的个人征得必要的同意,并同意在这些个人的个人数据披露时,您将代表这些个人行事。 How Citadel Uses the Personal Data Collected Citadel 如何使用收集的个人数据 Citadel respects your privacy. Citadel may use the personal data it collects from you for the following business related purposes: Citadel 尊重您的隐私。Citadel 可能会将向您收集的个人数据用于以下业务相关目的:
Citadel does not sell your personal data for commercial purposes.
Leaving Citadel 从 Citadel 离职 Termination of Employment Without Notice 不经通知解除劳动关系 Notwithstanding any other provision of the Handbook or this Addendum, Citadel shall (without prejudice to its other rights and remedies) be entitled to terminate your employment by sending you a written notice without advance notice and without payment in lieu of advance notice for any of the reasons set out in Article 39 of the Labour Contract Law of People’s Republic of China or the Handbook. Receiving two cumulative written warnings from Citadel will be considered gross misconduct, upon which Citadel has the right to terminate your employment immediately. You shall have no claim against Citadel for damages or otherwise by reason of termination of your employment by Citadel in accordance with this section.
Non-Contractual Policies and Procedures 非合同性政策及程序 Parental Leave and Other Time Off 亲职假及其他休息时间 Employees must complete the necessary forms and provide all documentation as required by the HR Benefits Team to substantiate any leave requests under this section. Marriage Leave 婚假 Subject to applicable law and local regulations, you are entitled to take marriage leave on full pay if you get married after reaching the statutory marriage age (i.e., 20 years old for females and 22 years old for males) (the “basic marriage leave”). You are also entitled to certain days of extended marriage leave on full pay subject to applicable local regulations. Both basic marriage leave and extended marriage leave should be taken within one year of your marriage certificate being issued. For the avoidance of doubt, any rest day (i.e., weekends) or statutory public holiday falling within the period of marriage leave will be counted as marriage leave, unless otherwise stipulated by law and local regulations. Maternity Leave and Nursing Break产假和哺乳时间 If you become pregnant and have a baby while you are employed by Citadel, you will be entitled to take paid maternity leave and nursing break in accordance with applicable law and this policy. Please note that only full-time employees who give birth and satisfy the requirements of the law are eligible for paid maternity leave under this policy. 请注意,只有符合法律要求生育的全职员工才有资格享受本政策所规定的带薪产假。 Leave Entitlement and Maternity Pay 假期权利和产假工资 Subject to applicable law and local regulations, you will be entitled to take maternity leave of 98 days on full pay (including 15 days of leave prior to the estimated date of childbirth) and to return to the same job at the end of your maternity leave. If you give birth under the Chinese family planning policy, you will be entitled to certain additional days of extended maternity leave on full pay subject to applicable local regulations. Furthermore, an additional 15 days of maternity leave will be granted if you experience a difficult childbirth, unless applicable local regulations grant more. If you give birth to more than one child during a single period of delivery, an additional 15 days of maternity leave for each additional child will be granted. For the avoidance of doubt, any rest day (i.e., weekends) or statutory public holiday falling within the maternity leave period will be counted as maternity leave, unless otherwise stipulated by law and local regulations. Additional leave may be allowed as a result of pregnancy-related illness. Please refer to the Sickness section of this Addendum. Throughout your maternity leave period, your entitlements and benefits will remain the same. During your period of maternity leave, you will continue to accrue annual leave at your contractual rate. Ante-Natal Care 产前护理 If you are pregnant and have made an appointment to receive ante-natal care or examinations on the advice of a registered medical practitioner, you may take time off work to attend the appointment. You will not be required to work additional or different hours to make up the lost time but we ask that you endeavour to arrange ante-natal appointments at the beginning or end of the working day where possible. Start of Maternity Leave 产假开始 A medical certificate certifying the pregnancy by a registered medical practitioner (before taking maternity leave) and a valid birth certificate (after birth) is required by Citadel and should be provided to the HR Benefits Team. PRC law and local regulations require that you must start your maternity leave any time within 15 days before your child is due to be born. You must inform your manager and the HR Benefits Team, no later than four weeks before the expected date of birth, the date on which you wish to commence maternity leave. Nursing Break 哺乳时间 After the end of maternity leave and up to one year after the child’s birth, a female employee is entitled to have one hour off on full pay per working day to nurse each newborn. The employee’s daily nursing break for each new-born could be taken in either 1-one hour session or 2-thirty minute sessions. Paternity Leave 陪产假 A male employee whose spouse gives birth under the Chinese family planning policy is entitled to take paternity leave on full pay according to the number of days specified by local regulations to care for his new baby and his spouse. Eligible employees are entitled to choose to take their paternity leave in one continuous period or at such other intervals at such time or times to be agreed with their manager. However, any paternity leave must be taken within the mother’s maternity leave and after the actual date of birth of the child. Only one period of paternity leave will be available to you irrespective of whether more than one child is born as a result of the same pregnancy. For the avoidance of doubt, any rest day (i.e., weekends) or statutory public holiday falling within the paternity leave period will be counted as paternity leave, unless otherwise stipulated by law and local regulations. Adoption Leave 收养假 All employees are entitled to take up to ten days’ adoption leave on full pay for the placement of a child with them for adoption or foster care. Leave can be taken by either parent and must be taken at a time or times to be agreed with your manager. Childcare Leave 育儿假 If you are a parent, you are entitled to take childcare leave each year according to the number of days specified by local regulations until your child reaches the age of three years. Bereavement Leave 丧假 You will be entitled to take up to five days’ leave on full pay to attend the funeral or take care of related personal details due to a death in your immediate family. “Immediate family” for purposes of this policy is defined as your spouse, children, parents, grandparents, siblings, siblings-in-law and parents-in-law. |