Overtime Details
Your normal monthly wage before overtime
Extended hours on normal working days, e.g. evenings
Weekend or rest day work without compensatory leave
Work on the 13 statutory paid holidays
Rest day work can be swapped for comp time; holiday work cannot
Overtime Pay Result
How China overtime pay works
Multipliers come from Article 44 of the Labor Law: at least 150% of the hourly wage for extended hours on working days, at least 200% for rest day work when no compensatory leave can be arranged, and at least 300% for statutory holiday work. Statutory holiday overtime is the only category that cannot be replaced by compensatory time off.
Hourly conversion: the standard reference is monthly salary ÷ 21.75 paid days ÷ 8 hours (per the 2008 MHRSS monthly wage-day rule). 21.75 = (365 − 104 rest days) ÷ 12; statutory holidays remain paid days and are not deducted.
Legal caps: under Article 41, overtime generally cannot exceed 3 hours per day or 36 hours per month, even with employee consent. Employers who exceed the caps face administrative penalties and back-pay claims.
Calculation base: overtime is computed on the wage actually earned, and agreed rates cannot fall below the local minimum wage. A contract clause that waives overtime pay entirely is generally invalid; special rules apply to piece-rate and commission workers.
Hourly conversion: the standard reference is monthly salary ÷ 21.75 paid days ÷ 8 hours (per the 2008 MHRSS monthly wage-day rule). 21.75 = (365 − 104 rest days) ÷ 12; statutory holidays remain paid days and are not deducted.
Legal caps: under Article 41, overtime generally cannot exceed 3 hours per day or 36 hours per month, even with employee consent. Employers who exceed the caps face administrative penalties and back-pay claims.
Calculation base: overtime is computed on the wage actually earned, and agreed rates cannot fall below the local minimum wage. A contract clause that waives overtime pay entirely is generally invalid; special rules apply to piece-rate and commission workers.
❓ FAQ
How is the China overtime hourly rate calculated?
The standard conversion is monthly salary ÷ 21.75 days ÷ 8 hours. The 21.75 figure is (365 − 104 weekly rest days) ÷ 12 paid months, so statutory holidays stay as paid days and are not deducted from the divisor.
What are the overtime multipliers in China?
Weekday extended hours are paid at no less than 150% of the hourly wage. Rest day work is paid at 200% unless compensatory time off is arranged. Statutory holiday work is paid at 300% and cannot be swapped for comp time.
Can I take time off instead of statutory holiday overtime pay?
No. Compensatory leave can replace pay for rest day overtime, but statutory holiday overtime must be paid at 300% in cash. Most local authorities treat the 300% as payable on top of the normal monthly salary, since holidays are already paid days off.
Is there a legal cap on overtime hours in China?
Yes. Under Article 41 of the Labor Law, overtime generally cannot exceed 3 hours per day or 36 hours per month, even with the employee's consent, unless the employer obtains special approval for a special working-hours system.