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Skillswage-hour-qa

wage-hour-qa

Writing & research

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Updated 10-15 20:29

About this skill

/wage-hour-qa
  1. Load ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → jurisdiction.
  2. Use the following workflow.
  3. Identify the jurisdiction involved in the question. If not specified, ask.
  4. Answer according to the rules of that jurisdiction. Cite. Mark whether it is a borderline issue or the law is in flux.

Matter context

Matter context. Check the practice-level CLAUDE.md for ## Matter workspaces. If Enabled is ✗(the default for legal users), skip this section — the skill uses practice-level context and the matter machinery is not visible. If enabled and there is no active matter, ask: "Which matter is this for? Run /employment-legal:matter-workspace switch <slug> or say practice-level." Load the active matter's matter.md to get matter-specific context and overrides. Write output to the matter folder. Unless Cross-matter context is on, you must not read files from other matters.

Purpose

"It depends" is correct but useless. This skill produces a jurisdiction-specific answer based on research and citing primary sources — and marks whether the question is borderline enough to require human judgment. It does not state rules from memory: overtime pay calculation bases, minimum wage standards, and annual leave proration rules change frequently and vary significantly across provinces/municipalities.

Load context

~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → jurisdiction. If the question does not specify a jurisdiction, ask — or answer for the jurisdiction with the most employees and note it.

Answer

Step 1: Jurisdiction

Which province/municipality is this about? If not stated:

  • If about a specific employee: where do they work?
  • If it is a policy question: identify the most likely strictest jurisdictions on this issue within the jurisdiction scope, then research them.

Step 2: Research the rule, then state it

Research before answering. For the jurisdiction and issue, determine the currently effective rule. Cite the controlling primary source (statute, administrative regulation, departmental rule, judicial interpretation, or local regulation) and pinpoint the citation. Note the effective date and whether the rule has been recently amended, repealed, or is in litigation. If you are uncertain or cannot verify the current state of the law, say so and flag it for attorney verification — do not state a rule you have not confirmed.

State the rule in one paragraph, tied to citations. Use tools (web search, legal research integrations, yuan dian MCP, team reference materials) to verify currency — especially for:

Do not fill gaps on your own. If a query to the configured legal research tools (yuan dian MCP or others) returns zero results or very few results, report what was found and stop. Do not fill the gap from web search or model knowledge without asking. Say: "The search returned [N] results from [tool]. Coverage for [jurisdiction/issue] appears thin. Options: (1) broaden the search query, (2) try another research tool, (3) search the web — results will be marked[联网检索——需复核], verify before relying on them, (4) flag the issue as unverified and stop here. Which would you like?" It is for the attorney to decide whether to accept lower-credibility sources.

Source labeling. Cite a source for every citation in the answer:[yuandian检索]for citations obtained through retrieval connectors;[联网检索——需复核]for web search citations;[模型知识——需验证]for citations recalled from model knowledge;[用户提供]for citations provided by the user. Mark citations需验证that carry a high risk of fabrication and should be verified first. Do not delete or compress the annotations.

  • Applicable conditions for the non-fixed working hours system and the comprehensive working hours system (Ministry of Labor approval measures + provincial/municipal implementation measures).
  • Minimum wage standards (issued annually by each province/municipality; the current amount and effective date must be verified).
  • The time point for final wage payment in termination vs. resignation (provincial/municipal wage payment regulations may differ).
  • Converted wages for unused annual leave (Article 5 of the Regulations on Paid Annual Leave for Employees: paid at 300% of daily wage income, including normal wages).
  • Determination of the base for calculating overtime pay (provincial/municipal regulations differ — based on the wage standard agreed in the labor contract, actual wages, or the minimum wage).
  • Classification check of working hours systems — see the labor relationship determination skill; the applicable determination standard depends on the jurisdiction and purpose.

You may encounter common question types — for each, the answer varies by jurisdiction and is time-sensitive. Do not state rules here; route to research:

  • "Can this position apply the non-fixed working hours system?" — Research the applicable approval requirements and position scope for special working hours systems (Lao Bu Fa [1994] No. 503 + provincial/municipal approval measures).
  • "Does X need to pay overtime pay?" — Research Article 13 of the Interim Provisions on Wage Payment [法条原文](150% for extended workdays, 200% for rest days not compensated with time off, 300% for statutory holidays) + whether provincial/municipal wage payment regulations have higher standards.
  • "When is the final wage due?" — Research the applicable rules, including whether there is a difference between the payment timing for termination and resignation (Article 9 of the Interim Provisions on Wage Payment: paid in a lump sum upon termination or dissolution [法条原文] + provincial/municipal wage payment regulations).
  • "Must compensation be paid for unused annual leave?" — Research Article 5 of the Regulations on Paid Annual Leave for Employees (paid at 300% of daily wage income)[法条原文] + Articles 10-12 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees.
  • "Can this person be determined to be in a service relationship rather than a labor relationship?" — Route to /employment-legal:worker-classificationif the facts are not yet clear.

Step 2a: Overtime pay calculation base and back pay calculation

Use this framework when the question is about back pay calculation, unpaid overtime pay calculation, or anything that depends on the overtime pay calculation base. Do not answer simply with basic hourly wage × overtime hours; these are the two most common errors this skill is designed to catch.

The overtime pay calculation base is not merely the basic hourly wage. Under Chinese labor law, the determination of the overtime pay calculation base (Article 13 of the Interim Provisions on Wage Payment [法条原文] + provincial/municipal wage payment regulations) differs in practice:

  1. Determination of the base. The overtime pay calculation base is the worker's own hourly wage standard. Provinces/municipalities differ in how they define "own wage": some provinces/municipalities use the wage standard agreed in the labor contract (e.g., Shanghai, Jiangsu), some may use actual wages (e.g., Guangdong), and some set a floor that must not be lower than the minimum wage standard. Whether performance bonuses, allowances, and subsidies are included in the base varies by locality.First determine the base determination rules of the applicable jurisdiction——This is the most common source of calculation errors.
  2. Overtime pay multipliers. Based on Article 13 of the Interim Provisions on Wage Payment [法条原文]：
    • Extended working hours on workdays: not less than 150% of one's hourly wage standard
    • Work arranged on rest days and compensatory rest cannot be arranged: not less than 200% of one's hourly wage standard
    • Work arranged on statutory holidays: not less than 300% of one's hourly wage standard
    • Some provinces/municipalities may have higher standards.
  3. Show the calculation process. Print formulas and input items: 
    加班费计算基数（小时工资）= [按管辖地规则确定的月工资基数] ÷ 21.75 ÷ 8
工作日加班费 = 加班费计算基数 × 150% × 工作日加班小时数
休息日加班费 = 加班费计算基数 × 200% × 休息日加班小时数（如未安排补休）
法定节假日加班费 = 加班费计算基数 × 300% × 法定节假日加班小时数
    Numbers without formulas are unusable for labor law attorneys.
  4. Payment for untaken annual leave. Article 5 of the Regulations on Paid Annual Leave for Employees [法条原文]: For the number of days of annual leave that an employee should have taken but did not take, the employer shall pay annual leave wage remuneration at 300% of the employee's daily wage income. Note that the 300% includes the wage income during normal working periods (i.e., an additional 200% is paid). Article 11 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees [法条原文]: The daily wage income for calculating the remuneration for untaken annual leave shall be converted based on the employee's own monthly wage divided by the monthly paid days (21.75 days).
  5. Limitation period for labor dispute arbitration. Article 27 of the Law on Labor Dispute Mediation and Arbitration [法条原文]: The limitation period for applying for arbitration of a labor dispute is one year, calculated from the date on which the party knew or should have known that its rights were infringed. During the existence of the labor relationship, if a dispute arises due to arrears in labor remuneration, the worker's application for arbitration is not subject to the one-year limitation period; however, if the labor relationship has terminated, it shall be filed within one year from the date of termination of the labor relationship. Clearly state the lookback period and calculate both time endpoints, unless interruption/suspension of the limitation period has been established by the user.
  6. Layer on provincial/municipal rules. Many provinces/municipalities have unique rules for determining the overtime pay base. Check the provincial wage payment regulations against the jurisdictional gate check in Step 1, and flag situations where provincial rules increase the burden (higher multipliers) or replace it (different calculation base). Beijing, Shanghai, Guangdong, Jiangsu, and Zhejiang are the most common layering hits.
  7. Attach verification labels to numbers. Any back pay amount produced by this skill should be marked on the line where the number appears with [需核实——在主张或支付前咨询劳动法律师]. Calculation is professional work; the skill is a framework, not professional advice.

If the question is a back pay calculation and any of the following input items are missing (rules for determining the overtime pay calculation base, distribution of overtime hours, whether compensatory rest has been arranged, wage payment records, jurisdiction),ask before calculating. A confidently wrong number is the worst possible output this skill can produce.

Step 3: Flag

Is this a borderline issue? Be honest.

  • If the research-based rule answer is clear: say so directly. "The indefinite working hours system applies—it meets the approval requirements and job scope standards."
  • If borderline: say so directly. "There is an ambiguous area between the job responsibilities and the applicable standards for the indefinite working hours system—this position may be determined to be subject to the standard working hours system. It is recommended to handle it under the standard working hours system to ensure compliance, or obtain a formal approval opinion."
  • If the law is in flux: say so directly. "This rule has recently been amended—the current version took effect on [date]. Please confirm the effective date before relying on this answer."
  • If you cannot verify timeliness: say so directly. Do not guess.

Output format

Conversational. This is a Q&A, not a memo.

Research connector pre-check. Before issuing an answer, check whether legal research tools are reachable in this session—yuan dian MCP or any other configured research tool. Collect the results into the review notes; if no connector returned results in step 2 (or none is configured at runtime), note it in the **Sources:** line of the review notes—for example 未连接——引用来自模型知识；精确定位引用（条/款/项）具有最高的编造风险，请优先核验. Item by item, [模型知识——需验证] tags stay inline. Do not output a standalone banner above the output.

Jurisdiction assumption. The answer applies only to the identified jurisdiction. Overtime pay rules, working-hours system classification standards, and final pay timing at termination vary significantly by province/municipality and country, and many rules are adjusted annually. If the employee works in another province/municipality, or the answer to the question is based on the default jurisdiction, this answer may not apply.

**[管辖地]：** [研究确定的规则，一个段落，附精确定位引用和时效说明。]

[如为临界问题或法律在变动中：标记。]

[如答案在其他管辖地有不同：一行说明，以及差异是否实质。]

Verify citations. Any case, statute, regulation, or document citation above is AI-assisted. Before relying on a citation, check its accuracy, currency, and subsequent history against yuan dian search, official government websites, or your legal research tool. Fabricated or erroneous citations used in formal documents or formal opinions have led to serious consequences.

Close with a next-step decision tree

Use the next-step decision tree in CLAUDE.md ## Outputs to close. Customize the options based on what this skill just produced—the five default branches (draft X, escalate, get more facts, watch and wait, other options) are a starting point, not a locked-in set. The decision tree itself is the output; the lawyer chooses.

What this skill does not do

  • State rules from memory—every answer is based on verified, current research citing primary sources.
  • Make classification decisions for borderline cases. It states the rule and flags borderline situations. A human decides.
  • Conduct a nationwide full-coverage survey of all 31 provinces/municipalities unless asked. Answer for the relevant jurisdiction.
  • Track when answers change. If the base rate is adjusted or the law changes, the answer becomes stale. Re-ask the question to get the current content.