We always review, revise or draft employment contract for our company client. I found that there is one question confusing the client, the work hour systems of China.
Most employers know that the work hours specified by the labor law of an employee for one day should be no more than 8 hours and for one week no more than 40 hours. If an employee works overtime, there is a limitation on the overtime hours and the employer should pay compensation for the overtime work. However, that is not the only work hour system an employer can adopt. For some special occupation, the flexible work hour system can be applied subject to approval by the labor authority. If you choose the right system, it may save your cost in human resource. Below are details of two work hour systems.
1. Standard Work hour system
This system is commonly applied to most kind of employees who go to work and get off work at common time.
(1) The maximum work hours of each working day of one employee is 8 hours and of each week is 40 hours.
(2) The employee should rest at least one day for one week.
(3) Subject to negotiation with employees and work union, the work hours could be extended one hour for each day.
(4) In special circumstances, the work hours of each day could be extended 3 hours at most.
(5) The extended work hours of each month can’t exceed 36 hours.
2. Flexible Work hour system
This system is applied to employees undertaking some special occupation who don’t have a fixed time of going to work and getting off work.
1. Adopting this system needs approval of labor administrative authority.
2. If this system is adopted, there is no limitation on extending work hours of each day and each month.
3. The employer shall take flexible and suitable measures to guarantee the employees who are in flexible work hour system to take rests.
4. In this system, except for statutory holidays, other work time won’t be taken as work over time.
5. Generally speaking, following employees could take flexible work hour system subject to approval by the authority:
(1) Senior managers, outworkers, promotion workers and others who can’t apply to the standard work hour system.
(2) Long-distance transportation personnel, cab driver, and others of similar nature.