Article 44 of the Labor Law, Verbatim
Under any of the following circumstances, the employer shall pay wages above the worker's normal-time rate:
- Extended working hours: no less than 150% of wages
- Rest-day work without compensatory rest: no less than 200%
- Statutory holiday work: no less than 300%
How the Overtime Base Is Computed
Base = your normal-time wages — at least the local minimum wage, at most 300% of the company average.
Formulas:
- Weekday overtime: monthly pay ÷ 21.75 ÷ 8 × 1.5 × hours
- Weekend overtime: monthly pay ÷ 21.75 ÷ 8 × 2 × hours
- Statutory holidays: monthly pay ÷ 21.75 ÷ 8 × 3 × hours
Worked Example: CNY 10K Salary
10 weekday overtime hours: (10000 ÷ 21.75 ÷ 8) × 1.5 × 10 = CNY 862
8 weekend hours: (10000 ÷ 21.75 ÷ 8) × 2 × 8 = CNY 920
8 holiday hours: (10000 ÷ 21.75 ÷ 8) × 3 × 8 = CNY 1,379
3 Common Disputes and How to Enforce Your Rights
Dispute 1: can comp time replace holiday pay?
No! Holiday work must pay 3x — the law explicitly forbids substituting comp time.
Dispute 2: do bonuses count toward the base?
It varies: Beijing includes all wage income; Shanghai counts base salary only. Check local rules.
Dispute 3: what if overtime goes unpaid?
- Keep clock records, overtime notices and payslips
- Negotiate with HR first
- If talks fail, file for arbitration within 1 year
- Arbitration is free
💡 Skip the math — try the GFWPS tool:Overtime Pay →