2026 statutory holidays and overtime rules
How many statutory holiday days are there in 2026?
Per the State Council's 2026 schedule, the year has 13 statutory holiday days:
- New Year's Day: 1 day (Jan 1)
- Spring Festival: 4 days (New Year's Eve to the 3rd day)
- Qingming Festival: 1 day (April 5)
- Labor Day: 2 days (May 1–2)
- Dragon Boat Festival: 1 day (5th day of the 5th lunar month)
- Mid-Autumn Festival: 1 day (15th day of the 8th lunar month)
- National Day: 3 days (Oct 1–3)
The 2026 State Council notice lists 6 make-up workdays: Jan 4, Feb 14, Feb 28, May 9, Sep 20 and Oct 10.
How are the 1.5x / 2x / 3x rates applied?
Three overtime scenarios under Article 44 of the Labor Law:
- Extended hours on workdays: 1.5x pay
- Rest-day work without comp time: 2x pay
- Working statutory holidays: 3x pay (comp time not allowed)
Hourly wage formula: monthly salary ÷ 21.75 ÷ 8. At CNY 10,000/month, that's ≈ CNY 57.47/hour.
How is overtime on make-up workdays paid?
The swap rule borrows weekends to extend holidays, but overtime pay depends on the day type:
- Make-up workdays: borrowed weekends count as ordinary workdays — overtime pays 1.5x
- Compensating days off: working the swapped day off pays 2x (or take comp time)
- Statutory holidays: always 3x, swapped or not
Rights-Protection Tips
If your employer fails to pay overtime properly:
- Keep evidence: clock records, overtime communications (WeChat/email), work output
- Negotiate first: raise it with HR or your manager and keep records
- Labor inspection: complain to the local HR & Social Security Bureau
- Labor arbitration: if talks fail, apply for arbitration — 1-year window
- Court litigation: you may sue within 15 days if you contest the arbitration award
Local rules may differ; this tool follows the 2026 State Council notice. Rely on official announcements and company policy.