How should the company pay overtime for overtime work of more than 36 hours for night shifts

Legal analysis: Overtime requires the consent of the employee, and overtime needs to be paid. Overtime shall not exceed 3 hours per day and 36 hours per month, and overtime work on rest days shall be compensatory.

According to Articles 41 and 42 of the Labor Law, except for the circumstances of arranging overtime in accordance with Article 42 of the Labor Law, in other cases, if an employer arranges overtime for the needs of production and business operations, it shall consult with the trade union and the workers and obtain the consent of the trade union and the workers. The overtime hours scheduled shall not exceed 3 hours per day and 36 hours per month. According to Article 44 of the Labor Law, if an employer arranges overtime work on an employee's rest day, it shall arrange compensatory rest at the same time, and if it cannot take compensatory leave, it shall pay wages and remuneration at a rate of not less than 200% of the wage. Where work is arranged on working days and statutory holidays, compensatory leave shall not be arranged, and overtime wages shall be paid.

Legal basis: Labor Law of the People's Republic of China Article 44 In case of any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Summary. Labor Law of the People's Republic of China Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

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Yes. Labor Law of the People's Republic of China Article 36 The State implements a system of working hours in which the daily working hours of a worker shall not exceed eight hours and the average working hours shall not exceed forty-four hours per week.

No more than thirty-six hours of overtime per month. Only when it is really necessary for production and operation, the employer can appropriately extend the working hours, that is, work overtime. Under the condition of ensuring the health of the worker, it shall not exceed three hours per day, and shall not exceed three or sixteen hours per month.

Overtime hours on weekends are also included in the calculation of 36 hours.

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