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posted 2 years ago
Employers are normally obliged to utilise the standard working hours, as prescribed by the Labour Law of the People’s Republic of China (‘Labour Law’). In cases where the constraints of the work characteristics or production limits the implementation of the standard working hours, the employer may apply the flexible working time or cumulative working time system. Such alternative working hours are subject to case-by-case approval by the labour administrative department.
Standard working hours are restricted to 8 hours per day and 44 hours per week on average. Employers are obliged to guarantee at least one day off in a week.
Working hours may be extended after consultation with the trade union and employees but restricted to one hour maximum per day. Under special circumstances, and if employees’ health is unaffected, the working hours may be extended to three hours maximum per day, and the accumulated total extension shall not exceed 36 hours per month.
Extended hours limitations do not apply in the extraordinary circumstances as defined below:
Any extension of working hours according to the prescribed extension provisions shall be remunerated accordingly using the below calculation:
Flexible Working Time System
Flexible working time system refers to irregular or working hours which cannot be fixed under the standard due to particular business activity, special requirements of work or duties of a particular post. The following employee may apply for flexible working time system:
Workers of flexible working hours shall enjoy at least one day per week and employers shall take employee’s opinions into account and apply proper methods of work and rest to ensure employees’ right to enjoy rest and holidays and the completion of production and work tasks.
Cumulative working time system refers to a working time system adopted by an enterprise for certain personnel due to the special nature of their posts, the continuous nature of a business activity, or seasonal or other natural restrictions. The working time is comprehensively calculated on the basis of a weekly, monthly, seasonally or yearly period, provided that the average working time per day and per month respectively are generally the same as the statutory standard working time.
The following employees may apply to implement the comprehensive working time system:
The total working time of one day or one month can be longer than eight hours or forty hours, but the total working time of a comprehensively calculated period should not exceed the total statutory working time. Any work exceeding the statutory working time shall be deemed as extended working time and subject to overtime pay.
If you have questions or concerns related to employment or other related matters, please contact Horizons at +86 21 5356 3400 or [email protected].
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