Core answer: China Labor Law overtime multipliers: weekday OT ≥ 150% of hourly wage, rest-day OT ≥ 200% (if no compensatory leave), statutory-holiday OT ≥ 300% — always, no comp-time substitution. The hourly base = monthly salary ÷ 21.75 days ÷ 8 hours. On a ¥10,000 salary: weekday OT ¥86.2/h, rest day ¥114.9/h, holiday ¥172.4/h.
The three tiers
| OT type | Multiplier | Can comp-time replace? |
|---|---|---|
| Weekday (延时) | 1.5× | No — cash required |
| Rest day (周末) | 2.0× | Yes, if equal time off given |
| Statutory holiday (法定节假日) | 3.0× | No — cash even if leave given |
Statutory holidays (2025): New Year (1d), Spring Festival (4d), Qingming (1d), Labor (2d), Dragon Boat (1d), Mid-Autumn (1d), National (3d) = 13 days total. Note: weekend days adjacent to holiday weeks (调休工作日) count as REST days (2×), not holidays (3×).
Worked examples (¥10,000/month salary → base ¥57.47/h)
Example 1 — Spring Festival week. Working 3 statutory days (初一–初三, now 除夕–初三 per 2025 rules, 4 days at 3×) + 2 rest days at 2×: 8 h × (4×3×57.47 + 2×2×57.47) = 8 × (689.6 + 229.9) = ¥7,356 for one week.
Example 2 — Daily grind. 2 h weekday OT × 10 days: 20 h × 86.2 = ¥1,724.
Example 3 — The 21.75 divisor. 21.75 = (365 − 104 rest days) ÷ 12. Your "daily wage" for OT/leave deduction = monthly ÷ 21.75 — NOT ÷ 30, which would underpay you by 28%.
The compliance reality check
- 举证责任: employees should keep attendance records, OT approval messages, and timestamps; courts accept WeChat/email evidence of employer-arranged OT.
- 综合工时制 vs 不定时工时制: some roles (approved by labor bureau) compute OT on weekly/quarterly totals or exempt managerial staff — check your contract's working-hours clause.
- 仲裁时效: wage claims have a 1-year limitation from when you knew (or should have known) of the violation — but during employment, wage arrears claims are exempt until termination + 1 year.
Common mistakes and myths
- "调休 covers all OT" — only rest-day OT can be comp-timed; weekday and holiday OT must be PAID.
- Base = full package? — the OT base is the agreed wage (often the contract base salary); allowances/bonuses inclusion varies by local rule (Shanghai excludes some, Beijing's practice differs) — a common underpayment trick.
- "Voluntary" OT doesn't count — employer-arranged or employer-required implicit OT (unreachable deadlines with attendance tracking) is still OT; "voluntary unpaid overtime" clauses are void.
- 996 is "industry custom" — 2021 Supreme Court + Ministry guidance explicitly declared 996 illegal; published typical cases award back pay.
- Probation period exemption myth — OT rules apply from day one, probation included.