At present, there are three main working hours systems implemented in China: the standard working hours system, the comprehensive calculation of working hours and the irregular working hours system. The standard working hours system refers to the working hours system in which employees work 8 hours per day and the average weekly working hours do not exceed 40 hours. The comprehensive calculation of working hours system refers to the system of comprehensive calculation of working hours based on standard working hours and a certain period of time, under which the cycle of calculating working hours can be weekly, monthly, quarterly, and yearly. The irregular working hours system refers to the fact that there is no fixed daily commuting time limit for workers, and it is a working hour system adopted for positions that cannot be measured according to standard working hours or require flexible work due to the nature of work, characteristics or responsibilities. So can employees who work irregular hours claim overtime pay?
The irregular working hours system is suitable for employees who need to work continuously or have difficulty commuting to and from work on time due to production characteristics, special needs of the nature of work or the scope of duties. In practice, senior managers, field staff, salesmen, and long-distance transportation personnel in the enterprise will be suitable for the implementation of irregular working hours. The implementation of the irregular working hours system shall be subject to the approval of the labor and social security administrative department. According to Article 13 of the Interim Provisions on Payment of Wages issued by the former Ministry of Labor, when an employer extends working hours beyond the statutory standard working hours or works on rest days, it shall pay wages at 150% or 200% of the employee's hourly wage. The above provisions are not applicable to workers who are subject to irregular working hours.
In summary, employees who work irregular hours are not subject to the provisions of the standard working hours system and the comprehensive calculation of working hours system regarding the payment of overtime wages. Under the irregular working hours system, employees cannot claim overtime compensation based on standard working hours. However, if the employer arranges for the employee to work overtime during the statutory holiday, the employer shall pay the overtime pay. If the employer arranges additional overtime work for employees who work irregular hours, they are also required to pay overtime pay.