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Human Resources and Payroll in China 2016-2017 (5th Edition) -

49

3.2 Work Hour Systems and

Overtime Payments

Overtime can be expensive for employers. In China, employees are grouped into three categories

working under different systems – the standard work hour system, the comprehensive work hour

system and the non-fixed work hour system.

The standard work hour system requires that an employee’s normal working day should not exceed

eight hours, and that the normal working week not exceed 40 hours. Each employee should be

guaranteed at least one rest day. Most white-collar workers in China now operate under a five-day

working week, although some domestic companies still utilize a six-day working week model.

The comprehensive work hour system does not refer to one week as the key factor in regulating

working hours. Instead, it takes a set period (usually a month, but not necessarily) as the base to

calculate the number of working hours. Although the distribution of hours worked during this

period may be quite irregular, the average number of working hours per day and per week should

roughly correspond to the levels set out in the standard work hour system. Please note that before

a company can implement this system, it must first submit its plan to the local Labor Bureau and

receive approval. This system is normally used for blue-collar workers or other workers that require

irregular shifts.

Under the non-fixed work-hour system, employees do not generally receive overtime payments,

because measurement of the time spent working is considered to be impractical. A company

implementing this system for some of their employees should receive prior approval from the local

Labor Bureau.

Basic hourly salary is calculated by taking the monthly pay of the employee and dividing it by 174

(average number of working hours in the month).

These are the mandatory minimum percentages paid to employees for the overtime that they

work, although some companies offer their employees higher rates than the statutory minimums.

Overtime Under the StandardWork Hour System

Time of Work

Percentage of Hourly Salary

Extra hours worked on weekdays

150%

Hours worked on weekends

200%

Hours worked on public holidays

300%

Overtime regulations in China are complex and often seen as controversial. Employers must therefore understand the legalities that govern overtime in China in order to avoid potential discrepancies with the law. Nicole Jiang Assistant Manager Human Resources Dezan Shira & Associates Dalian Office