Job Discussion Forums

BeijingBill · Joined: 10 Jan 2013 Posts: 59

Does anyone know if Chinese company's/schools must pay employees 2x if they work on weekend, and 3x if they work during holiday?

Songbird · Posted: Thu Oct 10, 2013 1:00 am Post subject:

Don't believe so. Making up holidays on weekends is a necessary evil in China. Nobody likes it, and you certainly wouldn't get double time or anything!

Then again, if I was offered an extra shift when I worked at Wall Street I'd get double pay, taxed at the same rate as a regular shift. Good times!

A593186 · Joined: 02 Sep 2013 Posts: 98

The law is simple.

By law, you are required to make up the missing days (holidays during the week) on the weekend before or after the holiday. Just because you work on a weekend in this case, you are not paid extra, as it's required by law. Employers of course can allow you to not make up those days if they choose.

Working on a holiday day does, legally, require time double pay. Figure it out folks, it's right there in the labor law.

However. Working on a weekend that is not part of your agreement (aside from holiday issues) is simply overtime per your contract.

That being said, I'm sure your contract lists you getting paid a "salary" and the legal definition of salary is a fixed amount of pay for a maximum number of hours - so you make your salary whether you work or not. Work extra hours then you get overtime per your agreement.

There are legal definitions and nobody gives a damn. Everyone on the forum is too cowardly to stand up for themselves and demand their employer give them their double pay and so on for such "crude behavior" of the Chinese as it sounded off here so often. "No, I don't want to start trouble with my boss or I'll be deported" ... and then be on the run again.

It's all rather simple. It comes down to this... if you're worrying about making a few extra RMB for a weekend class, then you shouldn't even be in China making Chinese wages - go back home and get all those western work perks.

Banner41 · Joined: 04 Jan 2011 Posts: 656 Location: Shanghai

Well now you have heard from the Ministry of "Who should work in China and who should not." Dude just can't give advice and leave it at that. Has to make personal comments on top of it..FLAG!

To op, you can try to get compensation as stipulated by your contract but it may be a fuss that builds bad blood between you and your boss. People who scream every time something seems the least bit unfair don't last long. What I like to do is try to compromise other time off for me. If I can make another vacation longer by swapping those days that's what I usually try to do. The time off is worth way more than the money to me.

roadwalker · Joined: 24 Aug 2005 Posts: 1750 Location: Ch

I've never heard it to be the law anywhere that a worker must get paid more to work on the weekend, unless it's overtime and then it's governed by the contract or the relevant labor law for overtime. There may indeed be a law governing working during official holidays, but I'll leave it to the dispenser of legal and medical advice already heard from. Check your contract first since that is the easiest solution, but labor laws trump contracts, so hopefully someone with actual experience can point you to the relevant statute, if it exists. OP are you working overtime and/or not getting something promised in your contract?

wangdaning · Joined: 22 Jan 2008 Posts: 3154

BeijingBill · Joined: 10 Jan 2013 Posts: 59

well in my contract it does say that i could be asked to work national holidays, but like whoever said earlier, national law trumps contract.

its not a big concern, because i can take other days off, i just would like to know what kind of leverage i have if there was ever a question about what im being paid...
"you only worked 20/22 days this month, so we subtracted 2 days payment from your check"

@A5: Im sorry, your right....I'd like to know a little more about the holiday pay so I should go back to home country

wangdaning · Joined: 22 Jan 2008 Posts: 3154

Got nothing to do with national law. They approve recommended make up days for holidays. This in no way trumps what is in your contract. If your contract has no weekends, then you work no weekends. End of story. The labour contract is the conditions of your work. Others might work that day, but you do not, because your contract says you do not.