According to the law, an employee should work eight hours a day and work 40 hours a week.

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Employers may not force an employee to work overtime. If for some reason the employee works overtime, the employer shall pay the worker for the overtime work:

1. For overtime work in workdays

overtime payment is 1.5 times of regular salary;

2. For overtime work in weekends

Overtime payment is 2 times of regular salary;

3. For overtime work in statutory holidays

Overtime payment is 3 times of regular salary.

The following is a further explanation for the above-mentioned rules.

According to the labour law of PRC, if for some reason the employee works overtime, the employer shall pay the worker for the overtime work.

1. About statutory holiday

Statutory holidays including New Year’s Day, one day; Chinese New Year’s Day, three days; Tomb-Sweeping Day, one day; Labor Day, one day; Dragon Boat Festival, one day; Mid-autumn Festival, one day; National Day, three days, totally 11 days.

2. Overtime in statutory holiday

For overtime in weekends or workday, the employer could arrange the employees to take leave which is equal to the time they work overtime; however, for overtime in statutory holiday, the employer has to pay the employees three times of their regular payment instead of arranging “take a leave”.

3. How to calculate overtime payment

Firstly, we have to figure out how to calculate the payment for each day, which is the monthly payment divided by 21.75. Suppose Alex’s salary is 5000RMB, so their salary for each day is 5000/21.75=229.88RMB,

If they work overtime in this Monday for two hours, then their overtime payment is 2*1.5*5000/21.75/8=86.20RMB;

If they work overtime on Saturday for two hours, then overtime payment is 2*2*5000/21.75/8=114.94RMB,

If they work overtime the whole day in Labor Day, then overtime payment is 3*5000/21.75=689.65RMB.

Related provisions:

Labour law of PRC:

Article 38 The employing unit shall guarantee that its staff and workers have at least one day off in a week.

Article 44 The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances:

(1) to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;

(2) to pay no less than 200 per cent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and

(3) to pay no less than 300 per cent of the normal wages if the extended hours are arranged on statutory holidays.

Source: Sophie Mao from ChinaLawHelp.com

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