The working hours system is the working hours system. Judging from the current situation, there are three working hours systems in China, namely, standard working hours system, comprehensive working hours system and irregular working hours system. Standard working hours are the most widely used working hours system in China.
Under the standard working hours system, according to Article 36 of the Labor Law and Article 3 of the Regulations of the State Council on Working Hours of Employees, the longest working hours of workers are 8 hours a day and 40 hours a week.
Comprehensive working hours system. This working hour system is based on the standard working hour system, and takes a certain period as the cycle to comprehensively calculate working hours.
According to the provisions of Articles 5 to 7 of the Reply of the Ministry of Labor on Issues Related to Working Hours of Employees, this working hour system has the following characteristics:
(1) Generally, the working hours are calculated comprehensively by month, quarter and year;
② Average daily working hours and average weekly working hours should be basically consistent with the legal standard working hours, that is, during the comprehensive calculation period, the actual working hours of a specific day (or week) can exceed 8 hours (or 40 hours), but the total actual working hours during the comprehensive calculation period shall not exceed the total legal standard working hours.
(3) If the comprehensive working hours system is implemented, no matter how many hours the laborer usually works, as long as the total working hours in a comprehensive working hours cycle does not exceed the total working hours calculated by the standard working hours system, it will not be regarded as overtime. Those who exceed the working hours shall be regarded as extended working hours, and remuneration shall be paid in accordance with the provisions of the Labor Law. The average monthly extended working hours shall not exceed 36 hours.
Unscheduled working hours refers to the working time system that there is no fixed time limit for commuting every working day. It is a working hour system for employees who cannot be measured by standard working hours or need to work flexibly due to production characteristics, special needs of work or scope of responsibilities.
According to the document No.309 issued by the Labor Department of the Ministry of Labor [1995] "On the Implementation
(1) Employees who have been approved to implement flexible working hours are not restricted by the standard of daily extended working hours and the standard of monthly extended working hours stipulated in Article 41 of the Labor Law.
(2) The employing unit shall take appropriate rest methods for the employees who implement the irregular working system, so as to guarantee the employees' right to rest, vacation and production. Completion of work tasks.
(3) The irregular working hours system shall be implemented, except for statutory holidays, work at other times shall not be counted as overtime.