Home:China Service Mall >> Business in China >> China Market/Center >> Labor Act (3)
Labor Act (3)
Editor:at0086   |  Resource:AT0086.com

CHAPTER IV. WORKING HOURS, REST AND VACATIONS
Section 36. The State shall practice a working hour system under which labourers shall work for no more than eight hours a day and or more than 44 hours a week on average.

Section 37. In case of labourers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in section 36 of this Law.

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

Section 39. Where an enterprise cannot follow the stipulations in section 36 and section 38 of this Law due to its special production nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department.

Section 40. The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:

(1) the New Year's Day;
(2) the Spring Festival;
(3) the International Labour Day;
(4) the National Day; and
(5) other holidays stipulated by laws and regulations.
Section 41. The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for due to special reasons, the extended hours shall not exceed three hours a day under the condition that the health of labourers is guaranteed. However, the total extension in a month shall not exceed 36 hours.

Section 42. The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:

(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;
(2) where prompt rush repair is needed in the event of breakdown of production equipment, transportation, lines or public facilities that affects production and public interests; and
(3) other circumstances as stipulated by laws, administrative rules and regulations.
Section 43. The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.

Section 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.
Section 45. The State shall practice a system of annual vacation with pay.

Labourers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council.


CHAPTER V. WAGES
Section 46. The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work.

The level of wages shall be gradually raised on the basis of economic development. The State shall exercise macro-regulations and control over the total wages.

Section 47. The employing unit shall independently determine its form of wage distribution and wage level for its own unit according to law and based on the characteristics of its production and business and economic results.

Section 48. The State shall implement a system of guaranteed minimum wages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government and reported to the State Council for the record.

Wages paid to labourers by the employing unit shall not be lower than the local standards on minimum wages.

Section 49. The determination and readjustment of the standards on minimum wages shall be made with reference to the following factors in a comprehensive manner:

(1) the lowest living expenses of labourers themselves and the average family members they support;
(2) the average wage level of the society as a whole;
(3) labour productivity;
(4) the situation of employment; and
(5) the different levels of economic development between regions.
Section 50. Wages shall be paid monthly to labourers themselves in form of currency. The wages paid to labourers shall not be deducted or delayed without justification.

Section 51. The employing unit shall pay wages to labourers who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in accordance with the law.

 

 

 
  • Visa to ChinaChina Visa-China Visa application-China visa service China Visa , China Visa application , China visa service

    Get your China visa today, from China visa service center you trust-at0086 China Service Mall. We serve residents of all countries who want to get the China visa application Easy, fast, affordable, reliable.

  • Find a hotelFind a china hotel-china hotel reservations online Find a china hotel-china hotel reservations online

    Want to find a hotel in china including Beijing hotel, Shanghai hotel and Guangzhou hotel? We offer china hotel reservations. Just click and choose what your needed, we will exert our energy to help you find a hotel in china. Make your China hotel reservation online booking now!

  • Translation services Translation services-provide you professional translation and interpreting services Translation services-provide you professional translation and interpreting services

    Need Translation service in China including in Shanghai and in Beijing? At0086 China Service Mall provides some practical information about translation service in China. Just click and choose what your needed, we will exert our energy to help you find good translators and interpreters. Easy, fast, affordable, reliable.

  • Rent a car rent a car in China-car rental from at0086 rent a car in China-car rental from at0086

    Want to rent a car in China ? You can find car rental service in Beijing and in Shanghai from China Service Mall-the worldwide greatest reservation center for china service and rent a car in China in cheap price. Reserve your car rental service from at0086.

  • China travelChina tours guide-China travel-book your China tour package China tours guide , book your China tour package

    China tours guide provide you china travel including Beijing tour, Shanghai tour, Xian tour, Yunnan tour and Tibet travel information. You can book china tour package from China Service Mall. Click here for china tours guide information.

  • Office leaseoffice for rent-ask for office lease in China office for rent-ask for office lease in China

    Want to find an office for rent in china including in Beijing or in Shanghai? We offer office lease reservations. Just click and choose what your needed, we will exert our energy to help you find office for lease in china. Make your office lease reservation online booking now!

  • China investmentChina investment, China trade, China investment information China investment, China trade, China investment information

    Ask for China investment? You can refer to China investment information or service reservation of investment in china provided by At0086 China Service Mall.