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Working Hours and Overtime in China

What are the standard working hours in China?

In China, the standard working hours are 40 hours per week and 8 hours per day.

Is overtime governed by law in China? If so, what are the specifics outlined by law?

In China, overtime is governed by law with specific regulations:

  • A supported employee is entitled to overtime pay or benefits when working more than 8 hours on a workday or 40 hours in a working week, as well as when working on a statutory holiday.
  • A supported employee may receive compensatory time off for overtime work performed on an off-work or rest day at the rate of 1 hour off for each hour worked.
  • Overtime should generally be limited to a maximum of 1 hour per day, but it can be extended up to 3 hours per day and 36 hours per month in exceptional situations.

How is overtime payment calculated in China?

In China, overtime payment is calculated based on hours worked in excess of 40 hours per week. The payment rates for overtime are:

  • 150% of the normal salary for overtime worked on a working day.
  • 200% of the normal salary for overtime worked on a rest day.
  • 300% of the normal salary for overtime worked on a public holiday.

How is the time off in lieu payment calculated in China?

In China, the time off in lieu payment is calculated at 200% of the basic salary.

How many days before the actual start date should the employment agreement be signed for payroll purposes in China?

For payroll purposes in China, there is no specific requirement regarding the number of days before the actual start date that the employment agreement should be signed. However, it must be signed before the payroll cut-off day.

Can employment agreements be backdated in China?

In China, although the law does not specifically prohibit backdating of employment agreements if both parties agree, our employment agreements cannot be backdated. This restriction helps to prevent numerous registration issues related to the employment.

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