Overtime and Break Laws in China (2026)
Labour Law of the PRC (1994); State Council Provisions on Working Hours of Workers (1995) · Reviewed 2026-10 · Private-sector employees
Overtime
At least 150% for extended hours on workdays, 200% for rest-day work with no make-up day off, 300% on statutory holidays.
Breaks and lunch
No national statutory meal or rest break rule for adult workers.
Overtime in China
- 1.5x pay for hours past 8 in a day.
- 1.5x pay for hours past 40 in a week.
- Standard hours are 8 a day and 40 a week under the 1995 State Council provisions (the Labour Law text says 44).
- Extensions: generally up to 1 hour a day, up to 3 hours for special reasons, and no more than 36 hours a month. Emergencies are exempt.
- At least one day off a week.
- Approved comprehensive or flexible working hour systems (Article 39) change how overtime is counted.
Averaging over a pay period: Allowed only under an approved comprehensive working hour system.
What two weeks of work come to
Worked out by the rule above (1.5x after 40h in a week, 1.5x after 8h in a day). Hours.
| Two weeks of | Regular | Overtime (1.5x) |
|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 |
| 5 days of 10 hours, two weeks (100h) | 80 | 20 |
| 6 days of 9 hours, two weeks (108h) | 80 | 28 |
| 50 hours, then 30 hours (80h) | 70 | 10 |
Breaks and lunch in China
The law does not set a break of a fixed length for adult employees here.
- Breaks are set by work rules, contracts and local practice.
- At least one day off each week.
Pay by China rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick China: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in China?
At least 150% for extended hours on workdays, 200% for rest-day work with no make-up day off, 300% on statutory holidays.
Can overtime be averaged over two weeks or a pay period in China?
Allowed only under an approved comprehensive working hour system.
What breaks are required in China?
No national statutory meal or rest break rule for adult workers.