배움과 공유의 시간

02 Working hours system

There is a standard working and special working hours system in China, and the special working hours system is again classified as irregular working hours and comprehensive calculating work hours. The most common hiring in our company is the standard workweek system of eight hours a day and 40 hours a week.
The company analyzes its functions well, and in order to control labor costs, it is required to ensure that the jobs that meet the requirements are identified.
In the case of a general calculation work time system, which allows overtime surcharges of 150% even on weekends, or for special duties with no fixed working hours, it is required to control overtime pay by implementing the irregular work system with the permission of the Labor Office.

1. Types of working hours

(1) Standard working hours system

The standard working hours system refers to a work system that assigns a minimum of one day of work per week, eight hours per day, 40 hours per week. It is the most commonly used work system in China. "Standard shift" is understood to mean "Monday-Friday commuting," "eight hours a day" and "two-day weekend breaks" but all three of the following are considered standard working hours and are not recognized as overtime.
1 8 hours of daily work. Eight hours can be located at any time of the day or distributed over several hours.
At least one holiday every week. However, any time in a week is possible (i.e., not weekends)
3 40 hours of non-examination every week.

Precautions for weekend work

One weekday work hours are shortened and in the event of the implementation of the system every Saturday morning (e.g., seven hours a day for five weekdays, five hours a weekday, five hours a week), there is evidence that weekly work hours do not exceed 40 hours in case of weekend overtime claims.
[Action] Record working hours on absenteeism and receive employee's signature at the end of the month
Preservation of evidence is required even if you send them to work on a weekend and arrange a two-day break on a weekday.
Failure to do so could result in a weekend overtime claim dispute.
[Action] Work hours are promised on a labor contract or a holiday that is arranged on a weekly weekday for absenteeism and tardiness records is recorded and an employee's confirmation signature is received at the end of the month.

(2) Special working hours system

In the event that an enterprise cannot implement a standard working hour system (eight hours a day, forty hours a week) according to the characteristics of production or the specific nature of the work, there is a non-regular work system and a comprehensive calculation work hour system (Rules on the Standard for the Assessment of the Employment of the Comprehensive Calculated Working Hours by the Ministry of Labor) in 1994.

1 Non-regular work hours system

The irregular work system refers to a flexible work system in which no hours are set, as a condition of the permission of the Labor Office, if it is not possible to hire a standard time work system according to the special nature of the work type (job). Because there is no need to pay overtime for employees who apply the irregular work schedule, it is an advantageous working-hour system for businesses. However, it is only approved by the Department of Labor when the target is judged to be a job whose commuting time cannot be determined due to the high-level management positions, salesmen, transport jobs and business characteristics.
[Central code - subject to irregular work hours]
1 Depending on the advanced management position, outdoor staff, sales personnel, some on-call staff, and the details of the work, during standard working hours
Other employees who cannot manage according to their needs
2 Long-distance transport workers, taxis, railways, ports, warehouses, and special handling characteristics.
Jobs requiring mobility
3 Due to other production characteristics, special demands for work or the scope of the position, the implementation of the irregular work system is required.
suitable other workers
On the basis of the above central regulations, each local labour bureau establishes and implements separate administrative rules, creating and implementing more detailed standards, so companies applying for irregular work must first check with the local labour bureau.

[Example] Job suitable for the irregular work system as stipulated by the Department of Labor in the Congregational Shaman
1. Advanced management position (the number of employees who sign on the annual salary system of the company's managers and fit on the irregular work system)
2. A full-time driver of a high-level management position; a secretary
3. Out-of-the-box employees
4. Long-distance transportation personnel and escort personnel whose wages and labor are interlinked
5. The load carrying personnel of airports, railroads, ports, warehouses, etc. where wages and labour are interlinked
6. Safety expenses, non-production personnel
7. Other personnel suitable for the implementation of the irregular work system due to production characteristics, special demands for work or positions
(Related regulations) Notice on strengthening work hours management and completing special work hours audit rules

[Applying the irregular work system to senior management positions]
Article 217 of the Chinese Company Law stipulates that the scope of the senior management position is "the general manager, deputy manager, financial officer, secretary of the company's listed company, and the person designated in the articles of association." However, it is necessary to confirm that each region has different criteria for recognition of the high-level management position of the Bureau of Labor.
In the case of Beijing, based on company law, the high-ranking management position is limited to "general accountancy, deputy assistant manager, finance officer and president secretary of a listed company." Diarrhea, designating a department manager as a high-level management position in the company's articles of associationHowever, the application of irregular working hours is not allowed for department managers. In Shanghai, however, the application of the irregular working hours system is recognized if the ministry is designated as a high-level administrative position in the articles of association.

Advanced management can implement irregular work without the approval of the Labor Office
In Beijing, it is the only place in the country where high-level management positions require approval from the Bureau of Labor.
No, the company can directly implement the irregular work hours system for high-level management positions (in the case of Bukkyung).
Article 16 of the Enforcement Rules of the Company's Comprehensive Calculation Working Time System and Working Time System.
In this case, in order to avoid future overtime disputes, the entity shall apply the irregular work system to the advanced management position.
It is necessary to make a clear commitment to the labour contracts

2 Comprehensive calculation work time system

The comprehensive calculation working hours system only applies to workers engaged in special tasks such as transportation, aviation, travel and architecture, and industries subject to seasonal intersections between peak and off-season, and under natural conditions. For example, after two consecutive months of overtime and holiday work during peak seasons, overtime payment is not required unless the total amount of working hours in a given period, such as the month, quarter or year, exceeds the total amount of working hours in a standard working day. If overtime is exceeded, only 1.5 times overtime is paid for the excess time (if working hours are legal holidays, three times overtime is required). To operate the system, it must be approved by the competent Labour Office in advance.

[Central code - subject to comprehensive calculation work time system]
1 Workers who need continuous work due to the special nature of their work among industries such as transportation, rail, postal transfer, river transport, aviation and fisheries
2 Some workers in industries subject to seasonal and natural conditions, such as geological and resource exploration, construction, decontamination, embankment, travel, etc
3 Other workers suitable for the implementation of the comprehensive work hours system

Total amount of working hours per cycle
Basis for Calculating the Total Amount of Labor Hours
20.83 x 8 hours per month = 166.64 hours a month, 250 days of annual workdays 20 12 months = 20.83 days
Quarterly 62.5 x 8 hours = 500 hours of annual workdays 250 days ÷ Fourth quarter = 62.53 days
250 days a year x 8 hours = 2000 hours a year 365 days a year - 104 days total of weekends a year
- 11 days of legal holidays = 250 days

2. Legal requirements for the special working hours

The category of special work hours does not permit voluntary implementation of labor contracts between businesses and workers, and must obtain pre-examination approval procedures for the frequency, target tasks and number of employees before the irregular work system is implemented.
If carried out without permission from the labor sector, it is legally invalid. If a worker raises a labor dispute, there is a lease size that is considered a standard working day and pays back overtime. It should be noted that a certain validity period is set, such as one year, on the state-run labor permit. It is necessary to apply for a renewal from the Bureau of Labor before the expiration of the term of validity

When applying for a special work hour system, it is necessary to sign the consent of the staff.
When applying for a special work system, such as the irregular work system, the application table requires the "public opinion" to be stated, and some local governments require the workers to sign their consent, which makes it difficult to obtain the consent of workers who do not want the special work system, which is penalized for overtime expenses, if they do not sign an agreement in advance.
(Note) In Xiamen, Daryeon, etc., workers' consent is signed on the application form for the irregular work system.
stipulate to be
Therefore, it is necessary to conclude that the Labor Agreement shall apply the irregular work system (or the comprehensive calculation work time system) under the approval conditions of the Labor Bureau when the labor contract is first signed (or signed consent on separate land) to prevent cases in which employees subject to the special work system refuse to sign the agreement at a later.

[working-level measures]

In the event that the company switches to a special work-hour system (in case of irregular work or a comprehensive calculation work-hour system) after obtaining approval from the relevant labor bureau during the period of the labor contract, the special work-hour adjustment relationship shall be stipulated in the labor contract department in advance when the employees of the relevant duties are hired.
"In the event that the work demand requires adjustment to the irregular work system or the comprehensive labor time calculation system in relation to the demand of the Eulbang position through approval of the labor sector, the party shall base its announced adjustment disclosure and agree to execute the Eulbang as it is."