The Labor Law, promulgated in 1994, defined the number of hours in a standard workweek as 44. One year after this law came into effect, the State Council issued another document that sets an even stricter standard for the workweek. Daily hour limits are also specified.
The law contains additional regulations specifying alternatives to working hour calculation appropriate for all types of enterprises and employees.
In order to provide for the protection of workers' mental and physical well being, the law sets limits for overtime hours. Overtime hours are generally limited in number by day and also by month, and the law sets out requirements for increased payment in compensation for overtime work.
Additional provisions specify limits for certain types of special employees. Overtime guidelines for alternative working hour systems are also described.
Enterprises which require non-standard working hours due to the nature of their business or for certain employees can use the non-fixed working hour system, also often referred to as the flexible working hour system.
The comprehensive system of working hours is a lawful system by which working hours are calculated over longer periods of time than for usual cases. This allows working hour limits for shorter periods of time, such as weeks or months, to be observed less strictly, while periods of more concentrated work are balanced by longer periods of rest. Certain restrictions apply to enterprises that want to adopt the use of this system.
Normal rest is taken on Saturday and Sunday, as a general guideline, with a minimum of one rest day per week mandatory.
China officially has 11 days of public holidays per year. These include the Spring Festival, Labor Day, National Day, and New Year's Day. Starting in 2008, three additional traditional Chinese festivals were also designated for public observance. Besides these, there are other statutory holidays observed nationwide by specific groups throughout the year.
Full LawPaid annual leave in China is specified for employees who have worked for over one year. Employees may also take leave for personal reasons including marriage, or death of a relative.
Full Law Compliance database latest update: 2010.09.02