Statutory working hours. The law stipulates working hours Legal issues

Labor Law of the People's Republic of China.

Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to workers who have formed labor relations with them.

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 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may, with the approval of the labor administrative department, implement other methods of work and rest.

Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:

a) New Year's Day; 2) Spring Festival;

3) International Labor Day;

4) National Day;

5) Other holidays and holidays as provided for by laws and regulations.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, 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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:

1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;

2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;

3) Other circumstances provided for by laws and administrative regulations.

Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours 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 wages 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.

Workers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

See clearly!

The working hours shall not exceed 8 hours per day.

The working week must not exceed 50 hours.

Neither can private enterprises, which are also subject to labor in our country, and workers there are also protected by labor laws.

40 hours a week. It is impossible for a private business to work for a long time without breaking the law. There are provisions in the national labor law.

Statutory working hours refer to the working hours stipulated in the national working hours system. That is, the average monthly working hours of a worker are days. If the wages of the workers need to be converted into daily wages or hourly wages, they shall be converted at the rate of 8 hours per day and hours per month.

Legal Analysis: 1. Standard working hours. The working hours of "employees working 8 hours a day and 44 hours a week" are called standard working hours.

2. Irregular working hours. The irregular working hours system is a working hours system adopted for employees who cannot be measured by standard working hours or need to work flexibly due to the relationship between production characteristics, special needs of work or the scope of duties. For example:

Enterprise executives, sales, freight, loading and unloading, long-distance transport driving, escort, employees in self-employed positions on non-productive duty and special forms of work, taxi drivers, etc., may implement an irregular working hours system. The implementation of the irregular working hours system should be submitted for approval in accordance with regulations.

3. Comprehensive calculation of working hours. The comprehensive calculation of working hours is a working system that comprehensively calculates working hours on a weekly, monthly, quarterly, annual and other cycles for some employees of enterprises who need to work continuously or are limited by seasonal and natural conditions due to the special nature of work, but the average daily working hours and average weekly working hours should be basically the same as those of the statutory standard calendar or quasi-working hours. Mainly refers to:

Employees in transportation, railway, post and telecommunications, water transportation, aviation, fishery and other industries who need continuous operation due to the nature of their work; Some employees in industries such as geology, petroleum, resource exploration, construction, salt production, sugar production, tourism, etc., which are limited by seasonal and natural conditions; Employees of township enterprises who are also workers and farmers, or who are difficult to balance production tools due to the constraints of hand, energy, raw materials, etc. The implementation of the comprehensive calculation of working hours shall be submitted for approval in accordance with regulations.

4. Part-time employment. "Part-time employment refers to a form of employment in which the average daily working hours of employees in the same employer do not exceed 4 hours, and the cumulative working hours per week do not exceed 24 hours."

Part-time workers may establish employment relations with one or more employers.

Either party to a part-time employment contract may terminate the employment contract at any time by notifying the other party. If the parties agree otherwise, follow their agreement.

5. Calculation of working hours. 365-104-11) working days per month).

6. Rest time. It refers to the time that the worker spends on his or her own outside the statutory working hours stipulated by the state, including the number of hours off per day, the number of days off per week, holidays, annual leave, and home leave.

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 workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 31 Where an employer arranges overtime, it shall pay overtime pay to the worker in accordance with the relevant provisions of the State.

Article 44 Where a worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150 percent of his wages.

The provisions of the law on working hours are as follows: 1. The state implements that the daily absence time of workers shall not exceed eight hours; 2. The average weekly working hours of workers shall not exceed 44 hours of working hours; 3. If the employer arranges for the employee to work overtime, it shall pay the overtime wage.

Article 36 of the Labor Law of the People's Republic of China stipulates that the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 37 of the Labor Law of the People's Republic of China stipulates that for workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards for workers who work on a piece-rate basis in accordance with the working hours system stipulated in Article 36 of this Law. Article 38 of the Labor Law of the People's Republic of China stipulates that employers shall ensure that employees have at least one day off per week.

The law stipulates that the average working hours per week shall not exceed 44 hours, and that the working hours of workers shall not exceed 8 hours per day. However, due to the needs of production and operation, the unit can arrange overtime for the workers after consultation with the trade union and the workers, and the Huaiheng Danchaifan shall generally not exceed one hour per day.

Labor Law of the People's Republic of China (2018 Amendment) Article 36 The State implements a working hours 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.

Legal analysis: The working hours system in which the daily working hours of employees do not exceed 8 hours and the average weekly working hours do not exceed 40 hours.

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 37 The employer shall reasonably determine the labor quota and piecework remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

Article 38 The employer shall ensure that the workers have at least one day off per week.

Working hours are also known as working hours. It refers to the time that a worker works during a day, night and a week as prescribed by law. The length of working hours is directly regulated by law, or by collective or employment contracts.

If the employee or the employer fails to comply with the regulations or agreements on working hours, he or she shall bear the corresponding legal responsibility. Rest time is the time at the discretion of the worker beyond 8 hours. According to the laws of our country, the state implements a system of working hours in which the daily working hours of workers do not exceed eight virtual hours, and the average weekly working hours do 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 the hail 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 workers, 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 process interruption time.

Legal basis

Article 41 of the Labor Law of the People's Republic of China stipulates that due to the needs of production and operation, an employer may extend its 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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.