Related articles:

Female Employee Rights in China

What are the Rights of Employee’s in China?

According to the law, employee work eight hours a day and work 40 hours a week.

Employers may not force employee to work overtime. If for some reason they employee works overtime, the employer shall pay the worker for the overtime work:

For overtime work in workdays, overtime payment is 1.5 times of regular salary;

For overtime work in weekends, overtime payment is 2 times of regular salary;

For overtime work in statutory holidays, overtime payment is 3 times of regular salary.

The following is further explanation for the above mentioned rules.

1. About statutory holiday

Statutory holidays including: New Year’s Day, one day; Chinese New Year’s Day, three days; Tomb-Sweeping Day， one day; Labor Day, one day; Dragon Boat Festival， one day; Mid-autumn Festival, one day; National Day, three days, totally 11 days.

2. Overtime in statutory holiday

For overtime in weekends or workday, the employer could arrange the employees to take leave which is equal to the time they work overtime; however, for overtime in statutory holiday, the employer has to pay the employees three times of their regular payment instead of arranging “take a leave”.

3. How to calculate overtime payment

Firstly, we have to figure out how to calculate payment for each day, which is monthly payment divided by 21.75. Suppose Alex’s salary is 5000RMB, so his salary for each day is 5000/21.75=229.88RMB;

if he work overtime in this Monday for two hours, then his overtime payment is 2*1.5*5000/21.75/8=86.20RMB;

If he work overtime in Saturday for two hours, then overtime payment is 2*2*5000/21.75/8=114.94RMB;

If he work overtime the whole day in Labor Day, then overtime payment is 3*5000/21.75=689.65RMB.

Is it clear now?

Click below for more labor law info