Overtime pay is calculated at three rates: 1.5×, 2×, and 3× the regular wage; failure to pay warrants a complaint to labor authorities, and non‑payment after the deadline incurs an additional penalty of 50%–100% of the owed amount.
For ordinary workdays, overtime must be paid at 1.5× the wage. On rest days, if no compensatory time off is granted, the rate rises to 2×. On statutory holidays such as New Year’s Day, Spring Festival, Labor Day, and National Day, overtime must be paid at 3× the wage, and compensatory time off is not permitted. If a company refuses to pay, workers may file a complaint with labor authorities. Should payment still be delayed after a deadline set by authorities, the employer must pay an extra penalty equal to half to one‑fold the original amount owed.
There is no direct cost. Simply keep copies of time‑card r…
Statutory limits cap normal working hours at 8 per day and 44 per week. Regular overtime should not exceed one…
There is no direct cost. Simply keep copies of time‑card records, shift schedules, and overtime approval forms; also screenshot any messages from supervisors assigning work in the team chat. The challenge is remembering to do this each month.
Statutory limits cap normal working hours at 8 per day and 44 per week. Regular overtime should not exceed one hour daily; under special circumstances it may reach three hours per day, but the monthly total must stay under 36 hours. Overtime pay follows three tiers: 150% of the wage for ordinary days, 200% for rest‑day work without compensatory time, and 300% for statutory holiday work. The law explicitly forbids substituting compensatory time off for holiday overtime pay. Employers that fail to pay face orders to settle the debt promptly; non‑compliance triggers an additional penalty of 50%–100% of that debt.
全国人大常委会 (2018). 劳动法(2018 年第二次修正,第三十六、四十一、四十三、四十四条). https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/bgt/art/2023/art_d9aa750028b14b99a776cb93726a360d.html(国家市场监督管理总局刊登);全国人大常委会 (2007). 劳动合同法(第八十五条第三项). http://www.gov.cn/gongbao/content/2007/content_711013.htm
Open source linkRest days and statutory holidays are distinct categories; the latter comprise only a handful of nationally designated days each year. Days created through compensatory leave arrangements are treated as rest days and therefore receive the 200% rate. Statements such as “the company requires overtime approval” or “I stayed voluntarily” do not absolve employers of payment obligations, yet they can complicate evidence collection; consequently, it is vital to retain documentation of work assignments and approvals. Implementing alternative work‑time regimes such as a comprehensive‑hour calculation system or a flexible‑hour schedule requires prior authorization from labor authorities. Details on arbitration time limits appear in Section 8, Article 19.