China: overtime pay for working during the holidays

The Public Holidays arrangement for 2022 has been released by the General Office of the State Council in October 2021. According to the relevant regulations, employees required to work overtime during the holidays are entitled to overtime pay. Specifically, for working on such days, the employee can receive a remuneration equal to double (200%) or triple (300%) their normal daily wage.

The normal daily wage is calculated as follows:

normal daily wage = basis for overtime payment / 21.75

Where:

• the basis for overtime payment refers to the monthly wage of the employee, excluding year-end bonus, allowances (transport, meal, housing, and other relevant allowances). The basis shall not be lower than the minimum wage in the area (for Shanghai municipality, the minimum basis for overtime is RMB 2,590).

• 21.75 refers to the average number of working days per month.

The Shanghai Municipal Bureau of Human Resources and Social Security published a calendar of Overtime Wage 2022, clarifying the days when the employee can obtain 200% or 300% of his/her daily wage as overtime pay.

New Year (Jan 1 – Jan 3)

• Triple: January 1

• Double: January 2, January 3

Spring Festival (Jan 31 – Feb 6)

• Triple: Feb 1, Feb 2, and Feb 3

• Double: Jan 31, Feb 4, Feb 5, Feb 6

Qingming Festival (Apr 3 – Apr 5)

• Triple: Apr 5

• Double: Apr 3, and Apr 4

Labor Day (Apr 30 – May 4)

• Triple: May 1

• Double: Apr 30, May 2, May 3, and May 4

Dragon Boat Festival (Jun 3 – Jun 5)

• Triple: Jun 3

• Double: Jun 4, and Jun 5

Mid-Autumn Festival (Sep 10 – Sep 12)

• Triple: Sep 10

• Double: Sep 11 and Sep 12

National Day and Golden Week (Oct 1 – Oct 7)

• Triple: Oct 1, Oct 2, and Oct 3

• Double: Oct 4, Oct 5, Oct 6, and Oct 7