Short answer: yes. China’s standard week is eight hours a day and 40 hours a week, with at least one rest day. Overtime is capped at one hour a day — three hours a day in special circumstances and never more than 36 hours a month — and must be paid at 150% of normal wages, 200% for rest-day work that cannot be made up with time off, and 300% on statutory public holidays.

What the law provides

Article 36 of the Labor Law caps the working day at eight hours and the average week at 44 hours; the State Council regulation on working hours for employees (Order No. 174) fixed the standard week at 40 hours, and Article 38 requires at least one rest day a week.

Article 41 is the overtime rule. Overtime must be arranged after consultation with the trade union and the workers. It is generally limited to one hour a day and, where special reasons require it, to three hours a day in conditions that protect workers’ health — but never more than 36 hours in a month.

Article 44 sets the pay. Work that extends the normal day is paid at not less than 150% of wages; work on a rest day that cannot be compensated with time off at not less than 200%; and work on a statutory public holiday at not less than 300%. Article 31 of the Labor Contract Law adds that an employer must not force, or effectively force, employees to work overtime, and that overtime must be paid when it is arranged. Where an employer extends working hours unlawfully, Article 90 allows the labor authorities to issue a warning, order correction and impose a fine. In 2021 the Supreme People’s Court and the Ministry of Human Resources and Social Security jointly published model labor-dispute cases confirming that “996” — 9am to 9pm, six days a week — exceeds these limits.

What this means in practice

Unpaid overtime is normally recovered through labor arbitration, which is free and a required step before court. Employees should keep attendance records, payslips and work messages, and employers are expected to produce their own attendance records. A clause saying overtime is “voluntary”, or a high base salary said to “include” overtime, does not displace Article 44.

A typical scenario (hypothetical)

A foreign engineer in Shenzhen works ten hours a day, five days a week, for six months, and her payslip shows only base salary. The extra hour each day is statutory overtime at 150%, and because the employer imposes it without consultation and beyond the monthly cap, she has both a wage claim in arbitration and a basis for a complaint to the local labor bureau.

FAQ

Q: Does China require overtime pay?

A: Yes. Article 44 of the Labor Law: not less than 150%, 200% or 300% of wages depending on when the overtime is worked.

Q: How many overtime hours are allowed in China?

A: Generally one hour a day, up to three hours a day in special circumstances, and no more than 36 hours a month (Article 41).

Q: Is “996” legal in China?

A: No. In 2021 the Supreme People’s Court and the human resources ministry published joint cases confirming that 996 exceeds the statutory limits.

Q: Can an employer ask me to waive overtime pay?

A: No. Article 31 of the Labor Contract Law prohibits forcing or effectively forcing overtime, and arranged overtime must be paid.

Q: What can a foreign employee do about unpaid overtime?

A: File for labor arbitration — free, and required before going to court — or report the employer to the local labor inspection authority, keeping attendance records, payslips and messages.

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Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512