ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

China - Working time - 2011


LAST UPDATE

1 April 2011

SOURCES

This database is updated on the basis of national law and State Council administrative regulations, i.e. law as promulgated by the National People’s Congress, or its Standing Committee, and the State Council, or the Central People’s Government, of the People’s Republic of China. Further legal rules issued by the Ministry of Human Resources and Social Security (MOHRSS) and regulations issued at a provincial level may also be relevant, but fall outside the ambit of this review.
click on this symbol to show or hide remarks

Name of Act

Circular of the Ministry of Labour on Printing and Distributing the Measures of Examination and Approval for the Flexible Working Hour System and the Working Hour System of Comprehensive Calculation Adopted by Enterprises
(LMI No. 503 of 1994)

Name of Act

Measures on Annual Holidays for Public Festivals and Memorial Days, amended and reissued 7 December 2007, with effect from 1 January 2008.

Name of Act

Provisions of the State Council for Home Leave for Workers and Staff, dated 14 March 1981

Name of Act

State Council Regulations on the Hours of Work of Employees, of 3 February 1994, as amended to 25 March 1995

Name of Act

Labour Law 1994 Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1994 and promulgated by Order No. 28 of the President of the People’s Republic of China, commenced 1 January 1995
click on this symbol to show or hide remarks

Name of Act

Regulations on Paid Annual Leave of Employees, State Council of the PRC Order No.514, 12-660, in force 1 January 2008
English Translation of the Regulations taken from the website of Jun He Law Offices http://www.junhe.com/en/law_muluZDDetail.asp?menu=4&id=24

Name of Act

Labor Contract Law of the People’s Republic of China, adopted at the 28th Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of the China on June 29, 2007, effective as of January 1, 2008

Name of Act

Regulations of the State Council on leave for personal reasons, dated 20 February 1980

Name of Act

Regulations on the Approval of Variable Hours of Work and Consolidated Hours of Work in Enterprises, effective from 1 January 1995.

Other source used

Cooney, Sean (2009) ’Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China’

Other source used

Brown, Ronald C ’Understanding Labor and Employment Law in China’ Cambridge University Press, New York, 2010

LEGAL DEFINITIONS

Some key terms are defined in the substantive provisions of the Labour Law. The scope of other terms are explained in relevant regulations.

Employee/worker

The Labour Law applies to labourers who form a labour relationship with employing units (as defined).

The Labour Contract Law applies to labourers who have established labour relations with state organs, public institutions and social groups, when entering into, implementing, modifying and dissolving or terminating labour contracts.
Labour Law 1994 §2
Labour Contract Law 2007 §2
click on this symbol to show or hide remarks

Employer

The Labour Law applies to all enterprises and individual economic organisations, which are collectively referred to as ’employing units’. These expressly include State organs, institutional organisations and societies.

The Labour Contract Law applies to all enterprises, private economic organisation and non-enterprises units run by civilian - collectively referred to as ’employing units’ - within the People’s Republic of China and which establish labour relations, enter into, implement, modify, dissolve or terminate labour contracts. The Law also applies to state organs, public institutions and social groups when entering into, implementing, modifying and dissolving or terminating labour contracts.

The Regulations of the State Council on the Hours of Work of Employees are expressed as being applicable to all employees of the State organs, civil society groups, enterprises and institutions and other organisations within the People’s Republic of China.

The Regulations on the Approval of Variable Hours of Work and Consolidated Hours of Work in Enterprises are expressed as applying to all enterprises within the territory of the People’s Republic of China.
Labour Law 1994 §2
Labour Contract Law 2007 §2
State Council Regulations on the Hours of Work of Employees §2
Regulations on the Approval of Variable Hours of Work and Consolidated Hours of Work in Enterprises §2

Part-time work(er)

For the purposes of the Labour Contract Law, ’part time work’ is work that is paid on an hourly basis and that does not exceed 4 hours per day and 24 hours per week on average.
Labour Contract Law 2007 §68
Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [3.19]
click on this symbol to show or hide remarks

NORMAL HOURS LIMITS

Limitations on daily and weekly working hours are prescribed by the Labour Law and by the Regulations of the State Council on the Hours of Work of Employees.
Labour Law 1994
State Council Regulations on the Hours of Work of Employees

Daily hours limit

The daily hours limit is 8 hours, although an employing unit may adopt alternative working hours and rest rules with the approval of the labour administrative department.
Labour Law 1994 §§36, 39

General limit

The general limit on working hours is 8 hours per day.
Labour Law 1994 §36
State Council Regulations on the Hours of Work of Employees §3
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

Where an enterprise cannot comply with the 8 hour limit due to its special production nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department.
Labour Law 1994 §39

Special categories

Systems of variable and consolidated hours can be adopted in relation to specific groups of workers. The affected workers’ health and views should be considered, and their right to rest and holidays guaranteed, in the adoption of any such system of variable or consolidated hours.

Variable working hours can be adopted for:
(1) Senior mangers, field staff, sales personnel, guards and other employees whose work cannot be measured according to normal hours of work;
(2) Transport personnel of the enterprise, taxi drivers, loaders, stevedores, warehouse workers and other employees the nature of whose job requires great flexibility;
(3) Other employees who are more suited to variable hours of work because of the nature of their production activity, work or function.

Consolidated hours can be adopted for:
(1) Workers in transport, railway, PTT, maritime, aviation and fishing injuries may be required by the nature of their job to work continuous hours;
(2) Workers in such industries as geological and resource exploration, construction, sale making, sugar production and tourism whose work is regulated by seasonal and natural conditions more than anything else;
(3) other employees who are more suited to the system of consolidated hours of work.
Circular of the Ministry of Labour No. 503 of 1994 §§3-6

» Domestic work

The Labour Law does not apply to domestic workers.
Labour Law 1994 §2

Weekly hours limit

The weekly hours limit is 40 hours, although an employing unit may adopt alternative working hours and rest rules with the approval of the labour administrative department.
Labour Law 1994 §§36, 39
State Council Regulations on the Hours of Work of Employees §§2, 3
Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [5.6]
Understanding Labor and Employment Law in China pp129-130

General limit

Employees shall work for no more than 44 hours per week on average.
Labour Law 1994 §36
State Council Regulations on the Hours of Work of Employees §§2, 3
Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [5.6]
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 40 hours
  • 2007: 40 hours (State Council regulations, as amended in 1995. The Labour Act of 1994 contains a 44 hour limit).
  • 1995: 40 hours.

Compressed workweeks

Enterprises that, owing to the nature of their production activities, are prevented from applying the provisions of §§36 and 38 of the Labour Law, may adopt variable hours of work or consolidated hours of work or other systems of work and rest.

Consolidated hours can be adopted for:
(1) Workers in transport, railway, PTT, maritime, aviation and fishing injuries may be required by the nature of their job to work continuous hours;
(2) Workers in such industries as geological and resource exploration, construction, sale making, sugar production and tourism whose work is regulated by seasonal and natural conditions more than anything else;
(3) other employees who are more suited to the system of consolidated hours of work.

Consolidated hours of work are to be calculated in cluster of hours worked during a week, month, season or year. However, the average day and average week hours should be basically the same as those adopting the normal system of hours of work.
Regulations on the Approval of Variable Hours of Work and Consolidated Hours of Work in Enterprises §5

Exceptions

Where an enterprise cannot comply with the weekly hour limit due to its special production nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department.
Labour Law 1994 §39
State Council Regulations on the Hours of Work of Employees §5
Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [5.10]
click on this symbol to show or hide remarks

Special categories

Systems of variable and consolidated hours can be adopted in relation to specific groups of workers. The affected workers’ health and views should be considered, and their right to rest and holidays guaranteed, in the adoption of any such system of variable hours.

Variable working hours can be adopted for:
(1) Senior mangers, field staff, sales personnel, guards and other employees whose work cannot be measured according to normal hours of work;
(2) Transport personnel of the enterprise, taxi drivers, loaders, stevedores, warehouse workers and other employees the nature of whose job requires great flexibility;
(3) Other employees who are more suited to variable hours of work because of the nature of their production activity, work or function.
Regulations on the Approval of Variable Hours of Work and Consolidated Hours of Work in Enterprises §§3, 4
click on this symbol to show or hide remarks

» Domestic work

The weekly limit does not apply to domestic workers.
Labour Law 1994 §2

OVERTIME WORK

An employing unit may extend working hours when necessary following consultation with trade unions and labourers, or without consultation in certain exceptional circumstances. Penalty rates apply.
Labour Law 1994 §§41, 42, 44
State Council Regulations on the Hours of Work of Employees §6

Criteria for overtime

The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and labourers. However, consultation will not be required in the following circumstances:
(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;
(2) where prompt rush repair is needed in the event of breakdown of production equipment, transportation lines or public facilities that affects production and public interests;
(3) other circumstances as stipulated by laws, administrative rules and regulations.
Labour Law 1994 §§41, 42
click on this symbol to show or hide remarks

Limits on overtime hours

Overtime is generally limited to 1 hour per day, but may be longer in some circumstances.
Labour Law 1994 §§41, 42

General limits

The general limit on overtime is 1 hour per day.
Labour Law 1994 §41
Historical data (year indicates year of data collection)
  • 2009: 1 hour per day and 36 hours per month.
  • 2007: 1 hour per day and 36 hours per month
  • 1995: 1 hour a day. 3 hours a day or 36 a month in special circumstances.

Restrictions/exceptions

Where required due to special reasons, up to 3 hours of overtime work may be required under the condition that the health of the labourers is guaranteed. However, overtime in a month shall not exceed 36 hours.
Labour Law 1994 §41

Compensation for overtime work

Penalty rates are prescribed for overtime work.
Labour Law 1994 §44

Overtime rate(s)

Overtime is to paid at no less than 150% of the normal wages.
Labour Law 1994 §44(1)
Historical data (year indicates year of data collection)
  • 2009: 50% increase (weekdays) 100% increase (rest days) 200% increase (public holidays)
  • 2007: 50% increase (weekdays) 100% increase (rest days) 200% increase (public holidays)
  • 1995: 50% premium during working days. 100% on weekly rest day if impossible for compensatory time off. 200% on public holidays.

Exceptions

The following categories of workers will be excluded from the entitlement to overtime pay where they are subject to variable working time arrangements:
(1) Senior mangers, field staff, sales personnel, guards and other employees whose work cannot be measured according to normal hours of work;
(2) Transport personnel of the enterprise, taxi drivers, loaders, stevedores, warehouse workers and other employees the nature of whose job requires great flexibility;
(3) Other employees who are more suited to variable hours of work because of the nature of their production activity, work or function.

However, time worked in excess of the variable working time arrangements formed shall be entitled to overtime pay.
Regulations on the Approval of Variable Hours of Work and Consolidated Hours of Work in Enterprises
Understanding Labor and Employment Law in China pp34,130
click on this symbol to show or hide remarks

Notice of requirement to work overtime

No notice requirements are imposed, but the employer must consult with trade unions and labourers about proposed overtime in most circumstances.
Labour Law 1994 §§41,42

Special categories

Special provisions apply to domestic workers an pregnant workers.

Domestic work

The provisions on overtime work do not cover domestic workers.
Labour Law 1994 §2

Pregnant workers/recent birth

Female workers after the seventh month of pregnancy shall not be foreseen for overtime work.
Labour Law 1994 §61

SCHEDULES

No statutory provisions on the scheduling of working hours identified.

REST PERIODS

The Labour Law establishes a right to take rest and requires the employing unit to guarantee its staff and workers have at least one day off in a week. No other regular rest periods are prescribed.
Labour Law 1994 §§3, 38, 39

Rest breaks

No statutory prescription of rest break entitlements identified. Rest is to be specified by the employment contract. There is, however, an overarching right to rest.
Labour Contract Law 2007 §17
Labour Law 1994 §3

Daily rest periods

No statutory prescription of daily rest entitlements identified. Rest periods are to be specified by the employment contract. There is, however, an overarching right to rest.
Labour Contract Law 2007 §17
Labour Law 1994 §3

Weekly rest periods

The Labour Law 1994 requires the employing unit to guarantee its staff and workers have at least 1 day off in a week. However, the State Council Regulations on the Hours of Work of Employees prescribes 2 days off per week for State organs and institutions.
Labour Law 1994 §38
State Council Regulations on the Hours of Work of Employees §7

Duration

1 or 2 days
Labour Law 1994 §38
State Council Regulations on the Hours of Work of Employees §7

» General

At least 1 day per week.
Labour Law 1994 §38
Historical data (year indicates year of data collection)
  • 2009: 2 days
  • 1995: 2 days.

» Exceptions

Employees of State organs and State institutions shall have 2 days of weekly rest.
State Council Regulations on the Hours of Work of Employees §7

Day specified

State organs and State institutions shall grant Saturday and Sunday as days of weekly rest. Enterprises and institutions that are unable to apply uniform hours of work may arrange for more flexible days of weekly rest as the actual situation permits.
State Council Regulations on the Hours of Work of Employees §7

» General

Saturday and Sunday
State Council Regulations on the Hours of Work of Employees §7

» Exceptions

Enterprises and institutions that are unable to apply the uniform hours of work as provided above, may arrange for more flexible days of weekly rest as the actual situation permits.
Provisions of the State Council for Home Leave for Workers and Staff §2, 3, 5

Work on weekly rest day

The employing unit shall pay labourers no less than 200 per cent of normal wages if work is arranged on off days and no make-up days can be arranged.
Labour Law 1994 §44(2)

Special categories

The provisions on weekly rest do not apply to domestic workers.

» Domestic workers

The provisions on weekly rest do not apply to domestic workers.
State Council Regulations on the Hours of Work of Employees §2

ANNUAL LEAVE AND PUBLIC HOLIDAYS

The Labour Law provides statutory entitlements to paid annual leave and public holidays.
Labour Law 1994 Chapter IV

ANNUAL LEAVE

The Labour Law provides that the State shall practise a system of annual vacation with pay. The system is set out in the Regulations on Paid Annual Leave of Employees.
Labour Law 1994 §45
Regulations on Paid Annual Leave of Employees

Qualifying period

Employees must have worked continuously for a period of one year to qualify for paid annual leave entitlements.
Regulations on Paid Annual Leave of Employees §2
Labour Law 1994 §45

Duration

The duration of the annual leave entitlement varies depending on the worker’s length of service.
Regulations on Paid Annual Leave of Employees §3

» General

The duration of the annual leave entitlement is:
(a) 5 days for employees who have accumulatively worked for 1-10 years;
(b) 10 days for employees who have accumulatively worked for 10-20 years; and
(c) 15 days for employees who have accumulatively worked for more than 20 years.
Regulations on Paid Annual Leave of Employees §3
Historical data (year indicates year of data collection)
  • 2009: Between 5 to 15 days, depending on the length of service.
  • 2007: Between five to 15 days, depending on the length of service.
  • 1995: No legal provision.

» Exceptions

An employee will not be entitled to annual leave in any year that he has taken:
(a) winter vacation and summer vacation according to law and the leave days are more than the annual leave days;
(b) private affair leave for totally 20 days or more and no wages has been deducted for that reason;
(c) sick leave for totally 2 months or more when he is a work who has accumulatively worked for 1-10 years;
(d) sick leave for totally 3 months or more when he is a work who has accumulatively worked for 10-20 years;
(e) sick leave for totally 4 months or more when he is a work who has accumulatively worked for 20 years or more.
Regulations on Paid Annual Leave of Employees §4

Payment

Employees shall be paid for annual leave equally as for normal working hours.
Regulations on Paid Annual Leave of Employees §2

» Amount

Employees shall be paid for annual leave equally as for normal working hours.
Regulations on Paid Annual Leave of Employees §2
click on this symbol to show or hide remarks

» Date of payment

The date of payment is not prescribed by the Regulations.
Regulations on Paid Annual Leave of Employees

Schedule and splitting

An employer may, in light of the actual production and work situation, plan the annual leave of its employees as a whole on the basis of the employees’ own wills.

Annual leave may be taken in a single block, or in multiple periods over the course of a year, but should be taken in the year in which the entitlement accrues. Where an entity needs to ’round it up’ to the next year for special production or work reasons, annual leave entitlements may be rounded up to the next year only.
Regulations on Paid Annual Leave of Employees §5

Work during annual leave

Where an entitled cannot give annual leave to an employee due to work needs, it is allowed to do so as long as it gets the consent of the employee. The entity shall pay the employee 300% of his daily wage income for each of annual leave due and not taken.
Regulations on Paid Annual Leave of Employees §5

Special categories

Employees who have worked for year or more in a government office or state enterprise and, due to distance, cannot visit their spouse or parents on weekends or public holidays, are entitled to sufficient paid leave to allow them 30 days (for married workers) or 20 days (for unmarried workers) with their spouses or parents each year.
Provisions of the State Council for Home Leave for Workers and Staff

» Domestic work

Domestic workers are not covered by the provisions on annual leave.
Regulations on Paid Annual Leave of Employees §2

PUBLIC HOLIDAYS

The employing unit shall arrange holidays in accordance with the law during the following festivals:
(1) the New Year’s Day;
(2) the Spring Festival;
(3) the International Labour Day;
(4) the National Day; and
(5) other holidays stipulated by laws, rules and regulations.

Women are granted an additional half-day holiday on International Women’s Day.
Labour Law 1994 §40
Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [5.21]

Number and dates

All employees are entitled to the following seven public holidays:
(1) 1 January - Gregorian calendar new year;
(2) 1-3 of the first month of the lunar calendar new year - Chinese New Year (or ’Spring Festival’);
(3) 1 May - International Labour Day;
(4) 1-3 October - National Day;
(5) Mid-autumn day*;
(6) Dragon boating day*; and
(7) Tomb sweeping day*.

* Date determined by Chinese lunar calendar
Labour Law 1994 §40
Measures on Annual Holidays for Public Festivals and Memorial Days

Payment

The employing unit shall pay wages according to law to labourers who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in accordance with law.
Labour Law 1994 §51

Work on Public Holidays

Work performed on statutory holidays shall be paid at 300% of the normal wages.
Labour Law 1994 §44(3)

EMERGENCY FAMILY LEAVE

The employing unit shall pay wages according to law to labourers who observe take leave during the periods of marriage or funeral, or participate in social activities in accordance with law.
Labour Law 1994 §51
click on this symbol to show or hide remarks

PART-TIME WORK

The Labour Contract Law sets out special conditions for part-time work.
Labour Contract Law 2007 Section 3 of Chapter V

General provisions

A part time labourer usually works no more than 4 hours per day and the accumulative working hours per week do not exceed 24 hours. The labourers who are engaged in part time work can establish a labour contract with one or more employing units; however, the latter established labour contract should not affect the implementation of the former one.
Labour Contract Law 2007 §§68, 69

Limits

Part-time working hours should not exceed 4 hours per day or 24 hours per week.
Labour Contract Law 2007 §68

Daily hours limit

A part-time labourer should usually work no more than 4 hours per day.
Labour Contract Law 2007 §68

Weekly hours limit

The accumulative working hours of a part-time worker should not exceed 24 hours per week.
Labour Contract Law 2007 §68

NIGHT WORK

The only statutory provision concerning night work identified is a prohibition on engaging female workers who are seven or more months pregnant, or who are breastfeeding their babies of less than 1 year old, on night shifts.
Labour Law 1994 §61

SHIFT WORK

No statutory provisions on shift work identified.

ON-CALL WORK

No statutory provisions on on-call work identified.

FLEXITIME

No statutory provisions on flexitime identified.

CASUAL WORK

No statutory provision on casual work identified.

SHORT-TIME WORK/WORK-SHARING

No statutory provision on short-time work or work-sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS

No statutory provisions on the right to change working hours identified.

INFORMATION & CONSULTATION

Employing units are required to enter into written labour contracts to establish labour relations with all workers other than part-time workers. The written labour contract should include (amongst other matters) the labourer’s working hours, rests and paid leave. Working hours, rest and vacations may also be the subject of collective contract negotiations.
Labour Contract Law 2007 §§10, 17, 51, 69
Labour Law 1994 §33

Results generated on: 21st April 2014 at 16:44:39.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.