Chapter IV Working Hours and Rest and Vacation
Article 36 The state implements a working hour system in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed 44 hours.
Article 37 For workers who work on a piece-rate basis, the employer shall reasonably determine their labor quotas and piece-rate compensation standards in accordance with the working hour system stipulated in Article 36 of this Law.
Article 38 An employer shall ensure that workers have at least one day of rest per week.
Article 39 Enterprises should be production characteristics can not be implemented in accordance with the provisions of Article 36, Article 38 of this Law, approved by the administrative department of labor, may implement other work and rest methods.
Article 40 An employer shall arrange for workers to take leave during the following festivals in accordance with the law:
(1) New Year's Day;
(2) Spring Festival;
(3) International Workers' Day;
(4) National Day;
(5) other leave festivals stipulated by laws and regulations.
Article 41 An employer may, for reasons of production and operation, extend the working hours after consultation with the labor union and the workers, and generally the working hours shall not exceed one hour per day; if the working hours need to be extended for special reasons, the extension of the working hours shall not exceed three hours per day under the condition of protecting the health of the workers, but shall not exceed 36 hours per month.
Article 42 Extended working hours shall not be subject to the limitations set forth in Article 41 of this Law under any of the following circumstances:
(1) Where a natural disaster, accident, or for any other reason, threatens the life and health of workers and the safety of their property, and requires urgent treatment;
(2) Where a breakdown of production equipment, transportation routes, or public **** facilities occurs and affects production and the public interests and must be repaired in time;
(iii) other cases stipulated by laws and administrative regulations.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
Article 44 Where any of the following circumstances exists, the employer shall pay a wage remuneration that is higher than the wage for the worker's normal working hours in accordance with the following standards:
(1) If the employer arranges for the worker to extend the working hours, it shall pay the worker a wage remuneration of not less than 150 percent of his or her wage;
(2) If the employer arranges for the worker to work on a day of rest and is unable to arrange for a compensatory day off, it shall pay the worker a wage remuneration of not less than 200 percent of his or her wage. Two hundred percent of the wages;
(3) If a worker is assigned to work on a legal vacation, no less than three hundred percent of the wages shall be paid.
Article 45 The State shall implement a system of paid annual leave.
Laborers who have worked continuously for more than one year shall be entitled to paid annual leave. The specific measures shall be prescribed by the State Council.