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China Foreign Investment in China General Information Guide to Working Hours Systems in China
KNOWLEDGE|
(1) |
Core Rules (a) Working Hours: No more than 8 hours per day, no more than 40 hours per week, and workers shall be guaranteed at least 24 consecutive hours of rest per week.
(b) Overtime Limits: Normally, extended working hours shall not exceed 1 hour per day; for special reasons, extended hours shall not exceed 3 hours per day, and total extended hours shall not exceed 36 hours per month (except for emergency rescue, disaster relief, and other special circumstances).
(c) Overtime Pay Calculation:
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(2) |
Core Summary The standard working hours system features fixed schedules and clear rules, with straightforward overtime pay calculation. It provides the fullest protection for workers’ rights to rest and labor remuneration. |
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(1) |
Applicable Positions (Statutory Scope) It mainly applies to three categories of positions:
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(2) |
Core Rules (a) Working Hours: Working hours are calculated comprehensively on a weekly, monthly, quarterly, or yearly cycle. The average daily and average weekly working hours shall be basically consistent with the provisions of the standard working hours system and shall not exceed the statutory total duration. (b) Overtime Rules: Daily or weekly working hours may exceed 8 hours or 40 hours within the calculation cycle; any part exceeding the standard total working hours in the cycle shall be regarded as extended overtime. Work on rest days is not separately calculated for overtime pay (included in the comprehensive cycle calculation). Working on statutory holidays shall be paid at 300% of the wage rate in accordance with the statutory holiday overtime rules of the standard working hours system. (c) Supplementary Requirements: For the comprehensive working hours system with a yearly cycle, total annual working hours shall not exceed 2,000 hours; any excess shall be paid as extended overtime at 150% of the wage rate. For positions with physical labor intensity of Level III and above, continuous daily working hours shall not exceed 11 hours, and at least one day of rest per week shall be guaranteed. |
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(3) |
Core Summary
The comprehensive working hours system adapts to special industry positions and adopts a "concentrated work, concentrated rest" model. There is no separate overtime pay for rest days, while statutory holiday overtime pay is implemented as required. The core prerequisite is obtaining approval from the labor administrative department.
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(1) |
Applicable Positions (Statutory Scope) It mainly includes three categories of positions:
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(2) |
Core Rules (a) Working Hours: No fixed commuting time; workers arrange work independently according to tasks, free from daily and monthly overtime limits. Enterprises shall reasonably set labor quotas or assessment standards to protect workers’ rights to rest and leave. (b) Overtime Pay Calculation: No overtime pay for work on normal workdays or rest days; work on statutory holidays shall be paid at 300% of the worker’s daily or hourly wage rate (some regions have special provisions, subject to local labor administrative department policies).
(c) Supplementary Requirements: Positions implementing the non-fixed working hours system must be consistent with those recorded in the labor administrative department’s approval; the applicable scope shall not be expanded without authorization. Wages are mostly paid in a "base salary + commission" model, linked to workload and work results rather than working hours.
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(3) |
Summary The non-fixed working hours system is highly flexible with no fixed attendance requirements. Overtime pay is only calculated for statutory holidays. The applicable premise is that the position meets the statutory scope and approval is obtained. |
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(1) |
Special working hours systems (comprehensive + non-fixed) require approval: If an enterprise implements a special working hours system without approval from the labor administrative department, all labor disputes shall be handled in accordance with the standard working hours system, and workers may claim all overtime pay in accordance with the law. |
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(2) |
Explicit agreement in labor contracts: The working hours system is a mandatory clause in labor contracts. Enterprises must clearly inform workers of the applicable working hours system and shall not change it without authorization; workers have the right to refuse unauthorized changes to the working hours system by enterprises.
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(3) |
Overtime pay shall not be "one-size-fits-all": The three working hours systems have significantly different overtime pay calculation rules. Enterprises shall not use a single standard for unified calculation. Workers shall clarify the working hours system applicable to their positions to avoid infringement of their rights and interests. |
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Working Hours Type |
Applicable Scenarios |
Core Features |
Overtime Pay Rules |
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Standard Working Hours System |
Most ordinary positions (admin, clerks, etc.) |
8 hours/day, 40 hours/week, fixed schedule |
150% on normal days, 200% on rest days (compensatory leave first), 300% on statutory holidays |
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Comprehensive Working Hours System |
Continuous operations, season-restricted positions (security guards, construction workers, etc.) |
Hours calculated by cycle, concentrated work & rest |
150% for excess hours on cycle, no pay for rest days, 300% for statutory holidays |
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Non-Fixed Working Hours System |
Flexible operations, unmeasurable by standard time (senior executives, couriers, etc.) |
No fixed schedule, self-arranged work |
No pay for normal days/rest days, 300% for statutory holidays |
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Disclaimer All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage. |
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