If you are one of the lucky expats working in China under an expat employment package, this article probably doesn’t relate to you, as you will have your working conditions spelled out in an attractive package that combines salary, accommodations, schooling and health benefits that circumvent the local standards. These expat packages can put expats in a bit of a bubble in terms of what it is like to live and work in China. On the flip side, others although a foreign national, have employment based on terms similar to that of local staff. Whereby it is a completely different scenario as one joins the masses when it comes to issues with overtime.

While regular working hours may be 9 to 5 from Mondays to Fridays there seems to be a regular demand to work beyond this and an expectation that you need to work past these hours when the need arises. This overtime requirement is usually regarded as a sign that your work is important. It is your sacrifice for the good of the team. Thus many may find themselves saying to friends: “Sorry, I’m going to be late or unable to make it because I have to put in OT.” For career oriented individuals working all that overtime may not be the end of the world. For others though, who greatly value their time away from the office, may find the need to quit or at least change jobs or positions in order to avoid overwhelming overtime demands.

Although most people will complain about having to work overtime, they also simultaneously seem to brag about having OT. The person that says: “I never take work home, once it’s 5 o’clock, I’m off work.” comes across as someone not committed to their job or company and has a job that is not very meaningful, compared to the person dedicated to their job and slaving away with plenty of OT.

The Law

Overtime regulations in China are typically regulated in the People’s Republic of China Labor Law. Employees can work for no more than eight hours per working day, but are able to exceed this amount under certain circumstances. According to Article 41 of the China Labor Law, employers should consult with trade unions in order to grant overtime. If permission is granted, employees can work longer hours than the usual eight hours per day, but no more than an extra three. In addition, accumulated overtime cannot exceed 36 hours a month, which equates to nine hours a week.

That said, overtime that exceeds the Chinese maximum of 36 hours a month is common, especially in factories. This in turn has led to an increase in labor disputes in the country. If overtime is paid in the form of cash, it is supposed to be paid at the rate of 1.5 times the rate of your regular pay and 2.0 times if on the weekend or your day of rest and 3.0 times if occurring on a national holiday. An alternative to paying cash is the granting of time off in lieu of the OT earned, usually on a par level or accumulated to be used for extra days off. These labor laws regulating overtime are similar to the US. Except, especially where employees are paid a fixed monthly salary the lines of where overtime begins is often blurry. Since salaried employees are not being paid “per hour”, there may not be the automatic limit of 40 hours/week where after additional hours are automatically considered as OT and therefore eligible for higher pay rates.

In practice though, many employers expect that employees will put in extra time on their own, work done at home is usually not recognized as OT. Coming in early and staying late is usually considered your dedication towards your job unless your company has a “Flex Hour” policy that allows you to work your 40 hours per week at alternate hours. These flexible full-time positions are on occasion available in the States, although certainly not considered the norm. An example of a flex schedule would be working 4 days per week, 10 hours a day, so as to meet the weekly “40 hour” requirement. Particularly when it comes to getting health benefits paid by the employer are meeting these different weekly hourly requirements important.