Jurisdiction - China
Reports and Analysis
China – To Improve Its Special Working Hour System.

5 June, 2012

 

Legal News & Analysis – Asia Pacific – China – Regulatory & Compliance – Labour & Employment 

 

On May 8, 2012, the Ministry of Human Resources and Social Security ("MOHRSS") issued draft Provisions for Administration of Special Working Hour System. The public was permitted to submit comments on the draft until June 8, 2012. The draft provisions, if enforced, will supersede the Measures for Approval of the Implementation of Irregular Working Hour System and Comprehensively-calculated Working Hour System by Enterprises issued in 1994. Under the draft provisions, the annual salary of an employee under the irregular working hour system may not be lower than the local average annual salary of the previous year; the daily longest working hours of an employee under the comprehensively-calculated working hour system may not exceed 11 hours. Overtime of employees under the comprehensively-calculated working hour system is capped based on the calculation circle of their working hours. The draft clarifies the scope of applicability of irregular working hour system. The draft also clarifies that to adopt a special working hour system, enterprises under administration and supervision of the State-owned Assets Supervision and Administration Commission of the State Council, state-owned commercial banks and insurance companies, and enterprises in railway, civil aviation and tobacco sectors shall submit their applications to MOHRSS, and other enterprises shall apply with local labor authorities for approval and filing. 
 
The full Chinese text of the draft provisions is available here

 

 

For further information, please contact:

 

Elizabeth Cole, Partner, Orrick

ecole@orrick.com
 
Thomas Man, Partner, Orrick
tman@orrick.com
 
Brad Herrold, Orrick
bherrold@orrick.com
 
Veronica Lockyer, Orrick
vlockyer@orrick.com
 
Yan Zeng, Orrick
yzeng@orrick.com
 

Homegrown Labour & Employment Law Firms in China

 

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