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Employment
China Employee Leave & Work Hour Regulations

China Employee Leave & Work Hour Regulations

CBL’s Introduction

China’s leave-and-hours regulations turn vacation, home-leave travel, and the 40-hour week into non-negotiable legal entitlements. Employers that skip legally mandated schedules or overwork staff can be ordered to pay triple wages for every missed day, matching damages, and court-enforced penalties that wipe out any staffing savings. The following government regulations, translated to American English by CBL, explain exactly how much leave employers need to grant, when overtime needs special approval, and when penalties apply to better help businesses avoid heavy fines and court orders.

This translation was done by the CBL team—if it is helpful to you, please take a moment to learn about our Chinese Legal Translation Services.

Contents

Employee Paid Annual Leave Regulations

Entitlement to Annual Leave (§§ 3-4)
Management and Enforcement (§§ 5-8)

National Holidays and Commemorative Day Regulations

Holiday Entitlements (§§ 2-6)

Employee Work Hours Rules – State Council

Standard Hours and Time Off (§§ 2-4)
Alternative Work Schedules (§§ 5-7)

Employee Home Leave Regulations – State Council

Entitlement, Compensation, and Expense Coverage (§§ 2-6)

Employee Paid Annual Leave Administrative Procedures

Entitlement and Eligibility (§§ 3-8)
Scheduling, Waiver, and Termination Payout (§§ 9-12)
Oversight and Dispute Resolution (§§ 15-17)

Employee Paid Annual Leave Administrative Procedures – Opinion Letter

Calculation of Employee Annual Average Monthly Work Hours and Salaries

Irregular or Fluctuating Work Hour Calculation Method Approval Procedures
Employee Work Hours – Opinion Letter

Employee Paid Annual Leave Regulations

(Passed at the 198th State Council Executive Meeting on December 7, 2007; issued by State Council Order No. 514 on December 14, 2007; effective January 1, 2008)

Section 1 The purpose of these Regulations is to enhance worker productivity by protecting their right to paid leave under the China Employment Act and the Civil Service Act.

Section 2 An employee of a government agency, non-governmental organization, corporation, public institution, private nonprofit organization, family proprietorship with employees, and any other employing entity is entitled to paid annual leave (hereinafter “annual leave”) after one year of continuous employment. An employer must ensure that each eligible employee is granted paid annual leave and that they are paid their regular wages during such leave.

Section 3 An employee with 1 to 10 years of service is entitled to 5 days of annual leave; an employee with more than 10 but not more than 20 years of service is entitled to 10 days of annual leave; and an employee with over 20 years of service is entitled to 15 days of annual leave.

Public holidays and days off shall not be counted as annual leave.

Section 4 An employee is ineligible for annual leave in a given year if:

(a) The employee is already legally entitled to summer and winter vacations longer than the allotted annual leave;

(b) The employee takes over 20 days of paid personal leave in compliance with the employer’s policy;

(d) An employee with 10 to 20 years of service takes more than 3 months of sick leave; or

(e) An employee with over 20 years of service takes more than 4 months of sick leave.

Section 5 An employer shall schedule annual leave for each eligible employee based on both business needs and employee preferences.

Paid annual leave may be scheduled in full or split throughout the year and does not carry over unless necessary due to business needs. In such instances, the employer may carry over annual leave to the next year.

An employer and employee may agree to waive annual leave if it cannot be scheduled due to business needs. In such instances, the employer shall pay the employee three times their regular daily wage as compensation for each day of unused annual leave.

Section 6 County human resources and employment regulator offices, together with their parent agencies, shall oversee and enforce these Regulations within their jurisdictions.

Labor unions shall protect employees’ rights to annual leave pursuant to law.

Section 7 County human resources or employment regulators, along with their parent agencies, shall order any employer who fails to schedule or compensate annual leave to correct its violation by a specified deadline.
In addition to paying an employee compensation for unused leave, an employer that does not comply within the deadline shall be required to pay the employee additional damages equal to the amount of compensation owed.
If an employer of a government official or other employee protected under the Civil Service Act refuses to pay the compensation and damages, its director and other directly responsible employees shall be subject to penalties under applicable law.
For all other employers, the employment regulator, human resources agency, or the employee may seek enforcement through the appropriate court.

Section 8 Any disputes between an employer and employee regarding annual leave shall be governed by applicable national laws and administrative regulations.

Section 9 Cabinet-level human resources and labor regulators shall be responsible for issuing rules to implement these Regulations within their respective jurisdictions.

Section 10 These Regulations shall take effect on January 1, 2008.

Regulations on National Holidays and Commemorative Days

(Issued by the State Council on December 23, 1949; amended by the State Council on September 18, 1999)

Section 1 The purpose of these Regulations is to formalize national holidays and commemorative days.

Section 2 All citizens are entitled to time off on the following holidays:

(a) International New Year’s Day, 1 day (January 1);
(b) Chinese New Year, 3 days (the 1st, 2nd, and 3rd days of the first month of the traditional Chinese calendar)
(c) Labor Day, 3 days (May 1, 2, and 3)
(d) National Day, 3 days (October 1, 2, and 3)

Section 3 Certain groups are also entitled to additional time off on the following holidays:
(a) Women’s Day (March 8): Half-day off for women;
(b) Youth Day (May 4): Half-day off for youth aged 14 and older;
(c) Children’s Day (June 1): 1 day off for children under age 13;
(d) People’s Liberation Army Day (August 1): 1 day off for active-duty military personnel.

Section 4 Local governments in areas with significant ethnic minority populations may provide time off for holidays traditionally observed by those communities.

Section 5 No time off is granted for other observances or commemorative holidays, including February 7, May 30, July 7, September 3, September 18, Teachers’ Day, Nurses Day, Journalism Day, and Tree Planting Day.

Section 6 Compensatory days off shall be provided when a national holiday for all citizens falls on a weekend. However, this requirement does not apply to holidays observed only by certain groups.

Section 7 These Regulations shall take effect upon issuance.

State Council Employee Work Hours Rules

(Issued on February 3, 1994, by State Council Order No. 146; amended on March 25, 1995, by the State Council Decision to Amend the State Council Employee Work Hour Rules)

Section 1 The purpose of these Regulations is to standardize employee work hours and rest periods, protect employee rights, enhance employee productivity, and support ongoing socialist reforms pursuant to the Constitution.

Section 2 These Regulations cover employees in government agencies, non-governmental organizations, public institutions, corporations, and other employing organizations within the People’s Republic of China.

Section 3 An employee shall work 8 hours per day, for a total of 40 hours a week.

Section 4 An employer shall reduce work hours for work involving hazardous conditions or other circumstances as required by national law.

Section 5 An employer may adopt other work schedules if it is not feasible to implement the standard work hours plan of 8 hours per day and 40 hours per week due to the nature of the job or industry conditions.

Section 6 No entity or individual shall increase employee work hours without authorization. Any increases in work hours needed for emergencies or special circumstances shall be made in compliance with applicable national law.

Section 7 Government agencies and public institutions shall follow the standard work hours plan, with Saturdays and Sundays designated as days off.

Any business or governmental organization unable to follow this work hours plan may arrange days off flexibly as needed.

Section 8 The Ministry of Labor and the Ministry of Human Resources are responsible for interpreting these Regulations and issuing administrative rules for their enforcement.

Section 9 These Regulations shall take effect on May 1, 1995. Any business or public institution unable to comply with these Regulations by May 1, 1995, may postpone implementation as needed. Public institutions must implement these Regulations by January 1, 1996, and all businesses must implement them by May 1, 1997.

Employee Home Leave Regulations – State Council

Section 1 The purpose of these Regulations is to regulate home leave for employees who work far from their families for extended periods.

Section 2 A regular employee of any government agency, civil society organization, state-owned enterprise, or public institution who has completed at least one year of service and does not live with their spouse or parents, or is unable to visit them on public holidays, is entitled to home leave under these Regulations. However, an employee who can visit at least one parent during public holidays is not eligible for home leave.

Section 3 Employee home leave entitlements:

(a) An employee is entitled to one annual 30-day home leave to visit their spouse.

(b) An unmarried employee is generally entitled to one annual 20-day home leave to visit parents. If business needs prevent scheduling leave in a given year or if requested by the employee, the employer may grant a 45-day home leave visit every two years.

Home leave shall only cover the period the employee visits with their spouses or parents, and additional leave for travel time shall be granted as needed. Public holidays and rest days occurring during home leave shall count toward the home leave period.

Section 4 An employee provided with regular vacations (such as school faculty) shall use their vacation days for family visits. If the regular vacation is too short, the employer may offer additional home leave days.

Section 5 An employee shall receive their regular wages during home leave and any leave granted for travel time.

Section 6 The employer shall cover travel expenses for any employee visiting their spouses or unmarried employees visiting their parents. A married employee traveling to visit their parents shall pay all travel expenses up to 30% of one month’s base salary, and the employer shall pay any amounts above that.

Section 7 Provincial and home rule city governments may issue additional administrative rules for these Regulations and file them with the National Employment Administration.

Section 8 Provincial, home rule city, and autonomous region governments shall regulate home leave entitlements for employees of collectives and public institutions based on local conditions.

Section 9 These Regulations shall take effect upon issuance, and the State Council Temporary Rules for Worker and Employee Home Leave and Wages issued on February 9, 1958, are repealed.

Employee Paid Annual Leave Administrative Procedures

Section 1 The purpose of these Procedures is to implement the Employee Paid Annual Leave Administrative Regulations (hereinafter the “Regulations”).

Section 2 These Procedures apply to any organization that has employees, including without limitation business entities, private nonprofit organizations, family proprietorships with employees (hereinafter the “Employers”) and their employees in the People’s Republic of China.

Section 3 An employee who has completed at least 12 consecutive months of service is entitled to paid annual leave (hereinafter “annual leave”).

Section 4 Annual leave entitlement is based on the employee‘s accumulated work time, including service with current or previous employers and any periods recognized as work time under applicable laws, administrative regulations, or State Council rules.

Section 5 A newly hired employee eligible for annual leave under § 3 of these Procedures shall receive prorated annual leave for the remainder of the calendar year. Fractions of a day shall not count toward an employee’s prorated entitlement.

Prorated annual leave is calculated as follows: (Remaining Calendar Days in the Year ÷ 365 Days) x Employee‘s Full Annual Leave Entitlement.

Section 6 Annual leave does not include home leave, marriage and bereavement leave, maternity leave, other nationally mandated leave, or any period during which an employee is not working due to a work-related injury but continues to receive wages.

Section 7 An employee provided with summer or winter vacations exceeding their annual leave entitlement is not entitled to additional annual leave. Additionally, an employer must offer additional vacation days to make up the difference if summer or winter vacations are shorter than the employee’s annual leave entitlement due to business needs.

Section 8 An employee who becomes subject to § 4 (b), (c), (d), and (e) of the Regulations after taking annual leave shall not be entitled to annual leave in the following year.

Section 9 An employer shall schedule annual leave for each eligible employee based on both business needs and employee preferences. The employer shall obtain the employee‘s consent if they are unable to schedule annual leave or need to carry it over to the following year due to business needs.

Section 10 If the employer and employee agree not to schedule some or the full annual leave entitlement, the employer shall pay the employee three times their regular daily wages for each unused day of leave during the current year, including regular wages for work performed during the same period.

If the employer has scheduled annual leave but the employee submits a written request to waive it for personal reasons, the employer is only required to pay the employee their regular wages for that period.

Section 11 Compensation for unused annual leave is based on daily wages calculated by dividing the employee’s monthly salary by the average number of working days in a standard month (21.75 days).

The monthly salary used in this calculation is the average monthly salary (excluding overtime) paid by the employer during the 12 months preceding the payment. If the employee has worked for their current employer for fewer than 12 months, the calculation shall be based on the average monthly salary for the actual months worked.

Employees are entitled to receive their regular wages during annual leave in an amount equal to when working. Daily wages for employees paid on a piece-rate or commission basis, or otherwise by performance, shall be determined in accordance with the first and second paragraphs of this Section.

Section 12 When an employment contract is terminated or canceled, the employer shall compensate the employee for any unused annual leave on a prorated basis according to the portion of the year worked. Fractions of a day shall not count toward an employee’s prorated entitlement.

The prorated annual leave is calculated as follows: (Calendar Days Worked at the Current Employer ÷ 365 Days) x Total Annual Leave Entitlement – Annual Leave Already Scheduled.

If an employee‘s prorated annual leave entitlement is less than the annual leave already scheduled by the employer, the employer may not deduct the excess from the prorated entitlement.

Section 13 An employer shall comply with any employment contract, collective bargaining agreement, or company policy that provides annual leave or compensation for unused annual leave in excess of legal requirements.

Section 14 A staffing agency employee who meets the eligibility criteria in § 3 of these Procedures is entitled to annual leave.

A temporary worker is ineligible for annual leave if the number of days the staffing agency is legally required to pay wages while the worker is unassigned exceeds the worker’s annual leave entitlement. If the number of paid days is less than the worker’s annual leave entitlement, the staffing agency and staffing client shall ensure the worker receives enough additional leave to fulfill their entitlement.

Section 15 County labor regulators and their parent agencies shall oversee and enforce employers’ compliance with the Regulations and these Procedures.

County labor regulators and their parent agencies shall order employers within their jurisdiction who fail to schedule or compensate annual leave for employees pursuant to the Regulations and these Procedures to correct such violations by a specified deadline.
If an employer does not comply by the deadline, the employer must pay additional damages equal to the compensation owed, in addition to paying the employee compensation for unused leave.
Labor regulators shall seek judicial enforcement through the appropriate court against employers who refuse to pay compensation for unused annual leave or the damages required under an administrative penalty order.

Section 16 Disputes between employers and employees regarding annual leave shall be resolved pursuant to the applicable labor dispute resolution rules.

Section 17 Unless otherwise provided by law, administrative regulations, or State Council rules, these Procedures apply to all government agencies, public institutions, and non-governmental organizations, as well as their employees.

Annual leave for sailors is governed by the Maritime Workers Regulations of the People’s Republic of China.

Section 18 For the purposes of these Procedures, “Year” refers to a calendar year.

Section 19 These Procedures shall take effect upon issuance.

Employee Paid Annual Leave Administrative Procedures – Opinion Letter

Ministry of Human Resources and Social Security April 15, 2009

Ministry of Human Resources and Social Security Official Letter No. 149 [2009]

Shanghai Human Resources and Social Security Administration:

We have received your questions about the Employee Paid Annual Leave Administrative Procedures (Shanghai Administration of Human Resources and Social Security No.15 [2008]). The opinion letter is as follows:

Eligibility for Paid Annual Leave

Under § 3 of the Employee Paid Annual Leave Administrative Procedures, “employees who have completed at least 12 consecutive months of service” includes those who have accumulated 12 consecutive months of service with one or more employers.

Calculation of Accumulated Work Time

“Accumulated work time” as provided in § 4 of the Procedures encompasses all periods of full-time employment with a government agency, non-governmental organization, public institution, private business, private nonprofit organization, family proprietorship with employees, or any other employer. It also includes military service and any other periods that must be recognized as working time (time served) under applicable national laws, administrative regulations, or State Council rules. Accumulated work time may be determined based on employee records, employer social security contribution records, employment contracts, or any other legally valid documents.

Calculation of Employee Annual Average Monthly Work Hours and Salaries

Ministry of Human Resources and Social Security Circular [2025] No. 2

Human resources and social security regulators (or agencies) in all provinces, autonomous regions, home rule cities, and the Xinjiang Production and Construction Corps:

Annual public holidays for all citizens have been increased from 11 days to 13 days pursuant to the State Council Decision to Amend National Holidays and Commemorative Days (State Council Order No.795). An employee’s annual average monthly work hours and salary under the standard work hours plan shall now be calculated as follows:

Calculating Standard Work Hours

Annual work days: 365 days – 104 days (days off) – 13 days (public holidays) = 248 days

Quarterly work days: 248 days ÷ 4 quarters = 62 days/quarter

Monthly work days: 248 days ÷ 12 months = 20.67 days/month

Work hours calculation: multiply the number of work days in a month, quarter, or year by 8 hours per day.

Calculating Daily and Hourly Wages

An employer shall treat the 13 public holidays as paid days when calculating an employee’s daily and hourly wages pursuant to the China Employment Act § 51. Daily and hourly wages shall thus be calculated as follows:

Daily wage: monthly wage ÷ actual number of work days in a month

Hourly wage: monthly wage ÷ (actual number of work days in a month × 8 hours)

Actual number of work days in a month: (365 days – 104 days) ÷ 12 months = 21.75 days

Repeal of Prior Circular

The Calculation of Employee Average Monthly Work Hours and Annual Salaries for Employees issued by the former Ministry of Labor and Social Security on January 3, 2008 (Ministry of Labor and Social Security Circular [2008] No. 3), is repealed.

Ministry of Human Resources and Social Security

January 1, 2025

Irregular or Fluctuating Work Hour Calculation Method Approval Procedures

(Issued by Ministry of Labor Circular [1994] No. 503 on September 14, 1994; effective January 1, 1995)

Section 1 These procedures are issued pursuant to § 39 of the China Employment Act.

Section 2 These procedures cover business entities operating within the People’s Republic of China.

Section 3 A business entity unable to comply with §§ 36 and 39 of the China Employment Act due to the nature of their work may use an alternative work hour plan, such as an irregular or fluctuating work hour plan.

Section 4 A business entity may use an irregular work hour plan for any of the following employees:

(a) Executives, traveling employees, salespeople, on-call employees, or any other employee unable to follow the standard work hour plan due to the nature of their work;

(b) Long-distance transportation employees, taxi drivers, railway, port, or warehouse freight handlers, and other employees unable to follow a fixed work schedule due to the nature of their work;

Section 5 A business entity may use a fluctuating work hour plan, i.e., they may calculate total work hours over a week, month, quarter or year, for the following employees, provided that average daily and weekly work hours comply with the statutory standard work hour plan.

(a) Employees in the transportation, railway, postal, telecommunications, shipping, aviation, and fishing industries who need to work continuously due to the nature of their job;

(b) Employees who work in industries affected by seasonal or environmental conditions, such as the geological and resource exploration, construction, salt and sugar refining, or tourism industries;

Section 6 A business entity that uses an alternative work hour plan, such as an irregular or fluctuating work hour plan, shall make appropriate arrangements for work and leave, including rotating shifts or flexible schedules, and consider employee health and opinions pursuant to Chapters 1 and 4 of the China Employment Act to protect employee rights to time off and leave while ensuring all assigned work is completed.

Section 7 A central government enterprise using alternative work hour plans, such as an irregular or fluctuating work hour plan must have their plans reviewed by the cabinet-level industry regulator and approved by the cabinet-level labor regulator.

Provincial, autonomous region, and home rule city labor regulators shall issue approval procedures for irregular or fluctuating work hour plans for local business entities and file them with the cabinet-level labor regulator.

Section 8 These procedures shall take effect on January 1, 1995.

Employee Work Hours – Opinion Letter

Ministry of Labor (1997) No. 271

Guangzhou Labor Administration:

We have received the Employee Work Hour Letter (Guangzhou Municipal Labor Office Letter [1997] No. 127). Upon consideration, our response is as follows:

Can a company or public institution unable to implement a standard work hours plan follow a six-day workweek of up to 6 hours and 40 minutes of work per day instead of giving two fixed days off per week?

Under the China Employment Act and Employee Work Hour Rules (State Council Decree No. 174), standard work hours in China are 40 hours per week, worked 8 hours per day. All companies able to comply must use the standard work hours plan. A company that cannot follow the standard work hours plan due to the nature of its work or industry must ensure that each employee works no more than 8 hours per day and 40 hours per week, and receives at least one day off per week. A company may also use an irregular work hours plan or fluctuating work hours plan if needed. A company may adopt an irregular work hours plan or fluctuating work hours plan only after obtaining approval pursuant to the Ministry of Labor Irregular and Fluctuating Work Hours Calculation Approval Procedures (Ministry of Labor Circular [1994] No. 503).

Can a labor regulator penalize an employer under Employment Act §§ 90 and 91 and Ministry of Labor Circulars No.489 [1994] and No. 532 [1994] if the employer requires a worker to work more than 40 but fewer than 44 hours in a week without treating the extra hours as overtime?

The Employee Work Hour Rules (State Council Decree No. 174) further defines the standard work hours plan under China Employment Act § 36 in consideration of China’s socioeconomic growth. A labor regulator shall order an employer that requires an employee to work more than 40 but fewer than 44 hours in a week and fails to treat the excess hours as overtime to correct their violation.

Does “overtime” in China Employment Act §§ 41 and 44 refer only to overtime worked on regular workdays and exclude overtime worked on statutory days off and public holidays (i.e., does the China Employment Act § 41 govern only non-holiday overtime)?

China Employment Act § 41 governs all overtime, including overtime on regular workdays, days off and public holidays. That is, total overtime on regular workdays, days off and public holidays must not exceed 36 hours per month. This legislative intent controls until the Chinese national legislature issues a controlling interpretation.

Can an employer grant compensatory time off in lieu of overtime pay for overtime worked on days off or public holidays? What are the rules for compensatory time off?

China Employment Act § 44 provides that an employer grant compensatory time off whenever it schedules an employee to work overtime on a regular day off. If compensatory time off cannot be provided, the employer shall pay overtime pay of at least double the employee’s regular wage rate for the hours worked. The compensatory time off provided must be equal to the number of overtime hours worked. An employer shall generally not provide compensatory time off for overtime worked on public holidays. The employer shall pay overtime pay of at least three times the employee’s regular wage rate for hours worked on a public holiday.

1. Will excess hours be treated as overtime under China Employment Act § 41 if an employer authorized to use a fluctuating work hours plan schedules an employee to work more than 8 hours in a day or more than 40 hours in a week, even if the employee’s average daily or weekly work hours are within the statutory limits for that period?

§ 5 of the Ministry of Labor Irregular and Fluctuating Work Hours Calculation Method Procedures provides that total hours under a fluctuating work hours plan shall be calculated on a weekly, monthly, quarterly, or annual basis, and that average daily and weekly work hours must comply with the statutory standard work hours. That is, an employee‘s actual daily or weekly work hours under a fluctuating work hours plan may exceed 8 hours in a day or 40 hours in a week, as long as the total work hours in the applicable period do not exceed the statutory limits. Any excess hours shall be treated as overtime and paid pursuant to China Employment Act § 44(a). Overtime on public holidays shall be paid pursuant to China Employment Act § 44(c). Additionally, overtime for an employee must not exceed an average of 36 hours per month.

Employer A is authorized to implement a quarterly fluctuating work hours plan (total work hours of 40 hours/week x 12 weeks/quarter = 480 hours/quarter). Employee B works for 480 hours during the first and second months of the quarter and takes the third month off. Would this arrangement be legal and would it be considered overtime? How should monthly wages and overtime rates (if applicable) be calculated for each month in the quarter?

An employer is authorized by the labor regulator to use a quarterly fluctuating work hours plan (totaling 508 work hours/quarter). The employer, the labor union, and the employee agree that the employee will work 508 hours during the first and second months of the quarter and take the third month off to meet business needs. The company’s arrangement here is legal and would not constitute overtime. An employer may only use such an alternative work hours plan with the labor union’s approval and the consent of each affected employee to ensure a balance between work, time off, and employee health.

Work Hours Calculation Methods:

Calculating Work Days

Annual work days: 365 days/year – 104 days/year (days off) – 7 days/year (public holidays) = 254 days/year

Quarterly work days: 254 days/year ÷ 4 quarters = 63.5 days

Monthly work days: 254 days/year ÷ 12 months = 21.16 days

Calculating Work Hours

Multiply the number of work days per week, month, quarter, or year by 8 hours per day.

Does “fluctuating work hours that exceed the statutory standard work hours” in Ministry of Labor Circular [1994] No. 489 § 13 refer to the average daily (or weekly) work hours in excess of statutory limits, or to overtime worked on a specific day (or week)?

Any excess hours worked under a fluctuating work hours plan shall be treated as overtime if the total work hours for the applicable period exceed statutory standard work hours. Additional hours worked on a given day (or week, month, or quarter) shall not be treated as overtime if total work hours for the applicable period under a fluctuating work hours plan do not exceed statutory standard work hours.

How are wages calculated under an irregular work hours plan? How are days off and leave determined?

An employer that uses an irregular work hours plan for an employee shall reasonably base units of work and performance standards on those used under the standard work hours plan to ensure the employee receives adequate time off. The employer shall pay the employee pursuant to the employer’s wage policies, and wages shall be based on the employee’s actual work hours and the completed units of work. An employer shall grant each eligible employee paid annual leave.

Can the municipal approval process for fluctuating work hours plans require that employees be scheduled to work no more than 11 hours in a day and receive at least one day off each week?

An employer is permitted to use a fluctuating work hours plan when necessary due to the nature of the job, and shall schedule work and time off to maintain continuous operations while protecting employee legal rights. Therefore, it would be unreasonable to require an employer to comply with rules for standard work hours plans when reviewing a fluctuating work hours plan. However, an employer requesting approval for a fluctuating work hours plan must do the following:

The employer must discuss the feasibility of a fluctuating work hours plan with the labor union and affected employees, and negotiate any changes needed to adopt such a plan.
An employee assigned to a position classified at strength level 3 or higher shall not be scheduled to work more than 11 consecutive hours in a given day and shall receive at least 1 day off each week.

Ministry of Labor

September 10, 1997

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These articles were translated to American English from the following government publication:

职工带薪年休假条例

https://flk.npc.gov.cn/detail2.html?ZmY4MDgwODE2ZjNlOThiZDAxNmY0MjBiOWI0NjAzNzE

全国年节及纪念日放假办法

https://flk.npc.gov.cn/detail2.html?Zjc3YjAyZjU5ZDhlNGIyZTgyOTllNGJmMzdmODg2MmY%3D

国务院关于职工工作时间的规定

https://flk.npc.gov.cn/detail2.html?ZmY4MDgwODE2ZjNjYmIzYzAxNmY0MTI2MGNhNjE5ZTc

国务院关于职工探亲待遇的规定