Overtime Pay Standards
Overtime rules under the Labor Law
Under Article 44 of the Labor Law of the PRC:
- Extended weekday hours: at least 150% of wages
- Rest-day work without comp time: at least 200% of wages
- Working statutory holidays: at least 300% of wages
How the hourly wage is derived
Monthly salary ÷ 21.75 paid days ÷ 8 hours = hourly wage. At CNY 10,000/month: 10000 ÷ 21.75 ÷ 8 ≈ CNY 57.47.
What are the statutory holidays?
New Year, Spring Festival, Qingming, Labor Day, Dragon Boat, Mid-Autumn and National Day add up to 11 statutory days a year. Working them must pay 3x — comp time cannot substitute.
Rights-Protection Tips
If overtime goes unpaid: 1) negotiate with the company; 2) complain to labor inspectors; 3) file for arbitration. Keep evidence (clock records, work communications).