China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Releases Typical Cases of Overtime Labor Disputes

Mon, 14 Mar 2022
Categories: China Legal Trends

China’s Supreme People’s Court (SPC) and the Chinese government have given the red card to the 996 working hour system and other serious overtime in the workplace.

In August 2021, the SPC and the Ministry of Human Resources and Social Security (hereinafter “the Authorities”) jointly released ten typical cases of overtime disputes, clarifying the standards of the application of law regarding disputed issues like the working hour system, overtime payment, and workers’ rights to breaks and vacation.

In one of the typical cases, the Authorities clarified that the 996 Mode refers to working from 9 a.m. to 9 p.m. for six days a week, which seriously violates the law regarding the regulation of the maximum extension of working hours, and therefore should be deemed invalid.

Currently, a serious overtime working system is commonly seen in manufacturing and high-tech industries. Although it is illegal, many companies have adopted the 996 working hour system as common practice.

The Chinese judiciary and labor regulatory authorities are trying to correct this anomaly.

 

 

Cover Photo by Andrew Neel on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

SPC Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.