Flexible Work Schedule in China
- Under what circumstances can a flexible work schedule be applied?
According to the Labour Law of the PRC, an enterprise should normally implement a standard work schedule, which means the employees work eight hours per day, five days per week.
If the standard work schedule cannot be implemented for some posts due to the production features or the nature of work, a flexible work schedule may be implemented with the approval of the competent labour authority.
- Who can work under a flexible work schedule?
According to the relevant laws and regulations of the PRC, the following personnel may work under a flexible work schedule:
- senior managers, field staff, salesmen, some on duty staff and other employees who cannot be measured by standard working hours;
- long distance transport personnel, taxi drivers, some loading and unloading personnel of railway, port and warehouse, and employees who need to work flexibly due to the special nature of work;
- other employees who are suitable to work under flexible work schedules due to the production features, special needs of work or the scope of responsibilities.
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- What are the procedures required to implement a flexible work schedule?
An enterprise shall go through and complete the following procedures before implementing the flexible work schedule:
- negotiate with the trade union or the employee representatives on an equal basis to determine the implementation plan of the flexible work schedule;
- announce and publish the implementation plan of the flexible work schedule to the employees;
- apply for approval from the competent labour authority, except for the senior management who meet the requirements set by the Company Law of the PRC.
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- Is it possible to claim overtime pay under a flexible work schedule?
A flexible work schedule is not subject to the restrictions of daily extended working hours standard and monthly extended working hours standard stipulated in Article 41 of the Labour Law of the PRC. Under a flexible work schedule, employees are no longer entitle to an overtime pay for work performed on workdays or rest days. Whether they are entitled to a pay for work performed on statutory holidays depends on the local regulations. For example, according to the local regulations of Shanghai and Shenzhen, employers have to make overtime pay no less than 300% of the employee’s daily or hourly wages when they arrange the employees to work on statutory holidays.
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