Overtime pay is calculated at three rates: 1.5×, 2×, and 3× the regular wage; failure to pay warrants a complaint to labor authorities, and non‑payment after the deadline incurs an additional penalty of 50%–100% of the owed amount.

1. Overtime pay is calculated at three rates: 1.5×, 2×, and 3× the regular wage; failure to pay warrants a complaint to labor authorities, and non‑payment after the deadline incurs an additional penalty of 50%–100% of the owed amount.

Cost: There is no direct cost. Simply keep copies of time‑card records, shift schedules, and overtime approval forms; also screenshot any messages from supervisors assigning work in the team chat. The challenge is remembering to do this each month.

In plain terms: For ordinary workdays, overtime must be paid at 1.5× the wage. On rest days, if no compensatory time off is granted, the rate rises to 2×. On statutory holidays such as New Year’s Day, Spring Festival, Labor Day, and National Day, overtime must be paid at 3× the wage, and compensatory time off is not permitted. If a company refuses to pay, workers may file a complaint with labor authorities. Should payment still be delayed after a deadline set by authorities, the employer must pay an extra penalty equal to half to one‑fold the original amount owed.

Benefit: Statutory limits cap normal working hours at 8 per day and 44 per week. Regular overtime should not exceed one hour daily; under special circumstances it may reach three hours per day, but the monthly total must stay under 36 hours. Overtime pay follows three tiers: 150% of the wage for ordinary days, 200% for rest‑day work without compensatory time, and 300% for statutory holiday work. The law explicitly forbids substituting compensatory time off for holiday overtime pay. Employers that fail to pay face orders to settle the debt promptly; non‑compliance triggers an additional penalty of 50%–100% of that debt.

Evidence grade: A

Sources: Standing Committee of the National People's Congress (2018). Labor Law (Second Amendment in 2018, Articles 36, 41, 43, 44). <https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/bgt/art/2023/art_d9aa750028b14b99a776cb93726a360d.html> (Published by State Administration for Market Regulation of China); National People’s Congress Standing Committee (2007). Labor Contract Law (Article 85, Item 3). <http://www.gov.cn/gongbao/content/2007/content_711013.htm>

Notes: Rest days and statutory holidays are distinct categories; the latter comprise only a handful of nationally designated days each year. Days created through compensatory leave arrangements are treated as rest days and therefore receive the 200% rate. Statements such as “the company requires overtime approval” or “I stayed voluntarily” do not absolve employers of payment obligations, yet they can complicate evidence collection; consequently, it is vital to retain documentation of work assignments and approvals. Implementing alternative work‑time regimes such as a comprehensive‑hour calculation system or a flexible‑hour schedule requires prior authorization from labor authorities. Details on arbitration time limits appear in Section 8, Article 19.