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8 hours per working day, the average working day of the whole month, so the number of working hours per month is in hours.
Notice on Issues Concerning the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year
Ministry of Labor and Social Affairs issued No. 3, 2008.
Labor and Social Security Departments (Bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government:
According to the provisions of the "Measures for the Holidays of National Festivals and Memorial Days" (Order No. 513), the holiday period for all citizens has been increased from the original 10 days to 11 days. Accordingly, the average number of days worked by the system and the wage conversion method for employees throughout the year are adjusted as follows:
1. Calculation of working hours of the system.
Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) 250 days.
Quarterly working days: 250 days 4 quarterly days quarterly.
Monthly working days: 250 days in December.
Calculation of working hours: multiply the number of working days by the 8 hours per day in a monthly, quarterly or annual period.
2. Conversion of daily and hourly wages.
In accordance with Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, i.e., the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as:
Daily Wage: Monthly Wage Income Number of Monthly Salary Days.
Hourly wage: monthly salary income (8 hours of paid days per month).
Monthly payroll days (365 days-104 days) 12 days.
3. On March 17, 2000, the Ministry of Labor and Social Security issued the "Notice on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages for the Year" (No. 8 of 2000 issued by the Ministry of Labor and Social Security) and repealed at the same time.
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The average monthly working hours of a worker are days. If the wages of workers need to be converted into daily or hourly wages, they shall be converted at the rate of 8 hours per day and 174 hours per month. (January-December).
Article 36 of the Labor Law stipulates that the State shall implement a working hour system 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.
The state implements that workers should deduct 104 days of public holidays for 52 weeks and 11 statutory holidays from the 365 calendar days of the year, and should work 250 days a year, with an average of 8 hours per month.
Based on this calculation, the average working hours should be about 167 hours per month. The working hours system shall not exceed the above-mentioned quota. For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of the Labor Law.
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It is stipulated that the working week is 8 hours a day, 5 days a week, and those who exceed this time are overtime, and they should also have rest on statutory holidays.
1. China's "Labor Law" does not specifically stipulate the monthly working hours, but there are some related provisions, the state implements a working hours system in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed 44 hours, and the employer shall ensure that the employees have at least one day off per week.
2. Five days a week, eight hours a day can work overtime, but the overtime time shall not exceed 3 hours a day, and the overtime hours shall not exceed 36 hours a month, excluding some special circumstances.
3. If the worker is arranged to work for an extended time, he shall be paid a wage remuneration of not less than 150 percent of the wage, and if the worker is arranged to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of the wage, and if the worker is arranged to work on a statutory holiday, the wage remuneration shall not be less than 300 percent of the wage.
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Hello! The State implements that the daily working hours of workers shall not exceed eight hours.
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. If you are satisfied with my answer, the answer will be praised, and if you have any legal questions, you can also come to my law studio to consult me, your affirmation is the greatest encouragement to me!
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Working hours, also known as working hours, refer to the time that workers spend in enterprises, public institutions, state organs, social organizations and other organizations to complete their own work in accordance with the provisions of laws and regulations. Working hours are the time that workers spend working, are the natural measure of labor, and are the unit of calculation to measure the labor contribution and labor remuneration of each laborer. The main form of working hours is the working day, which refers to the length of time a worker works in a day and night as prescribed by law.
The so-called standard working hour system refers to a working hour system that stipulates the maximum amount of time that an employee can consume in order to fulfill his or her labor obligations through legislation. According to Article 36 of the Labor Law of the People's Republic of China and the relevant provisions of the Provisions on the Working Hours of Employees, the current standard working hours system in China is that the daily working hours of workers do not exceed eight hours, and the average weekly working hours do not exceed forty hours. Under normal circumstances, no unit or individual may extend the working hours of a worker without authorization.
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China's "Labor Law" does not specifically stipulate the monthly working hours, but there are some related provisions: the state implements a working hours system in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed 44 hours. The employer shall ensure that the employee has at least one day off per week.
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1. The law stipulates that the working hours of a month are several hours.
1. The law stipulates that the working hours in a month are 176 hours. The standard working hours per month stipulated by the state is 176 hours, and the working hours stipulated by law are 44 hours a week and 176 hours a month. With the approval of the labor administrative department, other methods of work and rest may be implemented.
2. Legal basis: Article 43 of the Labor Law of the People's Republic of China.
An employer shall not extend the working hours of an employee in violation of the provisions of this Law.
Article 44.
Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:
1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;
2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;
3) If 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.
Article 45.
The State implements a paid annual leave system.
Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
Chapter 5 Wages.
Article 46.
The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.
The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.
2. What are the regulations on overtime pay?
1. The overtime wage of the worker on statutory holidays shall not be less than 300% of the usual wage;
2. The salary for overtime work on rest days shall not be less than 200% of the usual wage, but the employer does not need to pay overtime pay if it arranges compensatory leave;
3. The overtime wage on a working day shall not be less than 100% of the usual wage.
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Legal analysis: The standard one-month working hours set by the state is 176 hours.
The labor law stipulates that 40 hours a week and 176 hours a month. Exceeding this standard is considered overtime hours. Article 38 of the Labor Law stipulates that the employer shall ensure that the employee has at least one day off per week.
Legal basis: 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 laborers shall not exceed 8 hours, and the average weekly working hours shall not exceed 44 hours.
Article 4 Due to the needs of production and operation, the employer stipulates that the employer shall work 5 days a week, 8 hours a day, and those who exceed this time will work overtime, and shall also rest on statutory holidays.
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Legal analysis: China's labor law stipulates that the working hours shall not exceed 176 hours per month, and the working hours shall not exceed 8 hours per day and 44 hours per week. The employer shall also ensure that the employee has at least one day off per week.
If the employer has to extend the working hours of the employee due to the needs of production, it should first negotiate with the labor union and the employee.
Legal basis: Article 41 of the Labor Law of the People's Republic of China Due to the needs of production and operation, an employer may extend the working hours after consultation with the labor union and the workers, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
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According to the laws and regulations of the People's Republic of China, the state implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 40 hours. Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of the worker, but shall not exceed thirty-six hours per month. The working hours of the workers include the preparation end time, the operation time, the interruption time that the worker naturally needs, and the interruption time of the work.
According to the provisions of the Labor Law, Article 36 The State implements that the daily working hours of a worker shall not exceed eight hours and the average weekly working hours shall not exceed 44 hoursArticle 44 In any of the following circumstances, the employer shall pay the wage remuneration higher than the wage of the worker for normal working hours according to the following standards: (1) If the worker is arranged to work longer hours, the employee shall be paid a wage remuneration of not less than 150 percent of the wage; 2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid; 3) If 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.
Provisions on the working hours of employees: Article 3 Employees work 8 hours a day and 40 hours a week. Article 5 Where it is not possible to implement the standard working hours system of 8 hours a day or 40 hours a week due to the limitations of the nature of work or the characteristics of production, other methods of work and rest may be implemented in accordance with the relevant state regulations.
Article 62 of the Opinions on Several Issues Concerning the Implementation of the "Labor Law of the People's Republic of China" provides that employees of enterprises that implement the system of comprehensive calculation of working hours and work days, and whose working day happens to be a weekly rest day, are considered normal work; If the working day falls on a statutory holiday, the wages and remuneration of employees shall be paid in accordance with the provisions of Article 44 (3) of the Labor Law. According to the above provisions [Rules for the Payment of Overtime Pay Based on Comprehensive Calculation of Working Hours]: 1) The actual working hours of a specific day or week in the calculation period may exceed 8 hours or 40 hours; 2) During the comprehensive calculation period, the total number of actual working hours exceeds the total number of legal standard working hours in the period, and the excess part is paid double wages; 3) If the working day happens to be a weekly rest day, it is normal work; 4) If the working day falls on a statutory holiday, three times the salary will be paid.
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Legal analysis: The standard monthly working hours set by the state is 176 hours.
The labor law stipulates that 40 hours a week and 176 hours a month. Exceeding this standard is considered overtime hours. Article 38 of the Labor Law stipulates that the employer shall ensure that the worker has at least one day off per week.
Legal basis: 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 laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.
Article 41 Due to the needs of production and operation, the employer stipulates that the employer shall work 5 days a week, 8 hours a day, and those who exceed this time shall work overtime, and shall also rest on statutory holidays.
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