China's labor law stipulates three working hours systems, namely, standard working hours system, comprehensive working hours system and irregular working hours system. According to "Labor Law" and "Regulations of the State Council on Working Hours of Employees", China currently implements a standard working hour system of 8 hours a day and 40 hours a week. Conditional enterprises should implement the standard working hour system.
Some enterprises cannot implement the standard working hours system due to the nature of work and production characteristics, and should ensure that workers work no more than 8 hours a day, no more than 40 hours a week, and take at least one day off every week.
In the comprehensive calculation period, the actual working hours on a specific day (or week) may exceed 8 hours (or 40 hours), but the total actual working hours in the comprehensive calculation period shall not exceed the total legal standard working hours, and the excess shall be regarded as an extension of working hours, and remuneration shall be paid in accordance with the provisions of the Labor Law. If workers are arranged to work on statutory holidays, they shall pay wages in accordance with the provisions of the Labor Law.
In addition, the average number of extended working hours should not exceed 36 hours per month. If the sum of the actual average working hours in the whole comprehensive calculation period does not exceed the sum of the legal standard working hours in this period, but only a specific day (or a week, a month or a quarter) in the comprehensive calculation period exceeds the legal standard working hours, the part that does not exceed shall not be regarded as an extension of working hours.
Extended data:
The provisions on working hours in the Labor Law of People's Republic of China (PRC) are as follows:
Chapter IV Working Hours and Rest and Vacation
Article 36 The state practices a working hour system in which the working hours of laborers do not exceed eight hours a day and 44 hours a week on average.
Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework.
Article 38 The employing unit shall ensure that workers have at least a weekly rest 1 day.
Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may, with the approval of the labor administrative department, implement other labor rest measures.
Article 41 Due to the needs of production and operation, the employing unit may extend the working hours after consultation with the trade unions and laborers, and generally the working hours shall not exceed 1 hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed 3 hours per day and 36 hours per month under the condition of ensuring the health of the workers.
Article 42 Under any of the following circumstances, the extension of working hours shall not be restricted by the provisions of Article 41 of this Law:
(a) the occurrence of natural disasters, accidents or other reasons, threatening the life and health of employees and property safety, and requiring emergency treatment;
(two) production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time;
(3) Other circumstances stipulated by laws and administrative regulations.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Labor Law