China Labor Law Guide 🇨🇳
Annual paid leave in China is mandated by the State Council Decree No. 514. Entitlement increases with cumulative years of service, regardless of employer changes.
China Labor Law Guide
Annual paid leave in China is mandated by the State Council Decree No. 514. Entitlement increases with cumulative years of service, regardless of employer changes.
Primary Legislation
Labor Law of the PRC / Labor Contract Law
Secondary Legislation
Labor Law of the PRC / Labor Contract Law
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Start Free TrialGeneral Statutory Framework
Essential compliance data regarding minimum entitlement and standard work hours in China.
Ref: Regulations on Paid Annual Leave for Employees (State Council Decree No. 514)Annual paid leave in China is mandated by the State Council Decree No. 514. Entitlement increases with cumulative years of service, regardless of employer changes.
Accrual
Leave entitlement is calculated based on total years of work experience. Employees with less than 1 year of cumulative service are not entitled to annual leave. Pro-rated for partial years of employment.
Carry Over
Employers may arrange annual leave timing within the calendar year. Unused leave may be carried over to the following year with employer approval, or compensated at 300% of daily wage if not taken due to work requirements.
Standard Week
40 hours
Max Weekly
44 hours
Max Daily
8 hours
Rest Period
Employees should have at least 1 day off per week. Continuous work for more than 6 days requires employer justification and overtime compensation.
Employment Contract & Termination
Notice Period
Standard employment requires 30 days written notice for employee resignation. During probation (1-6 months depending on contract length), only 3 days notice is required. Employers must provide 30 days notice or payment in lieu for termination without cause.
Labor Contract Law Art. 37, 39Probation Period
Probation period is limited based on contract length: 1 month for contracts under 1 year, 2 months for contracts 1-3 years, 6 months for contracts over 3 years or indefinite contracts. Wages during probation cannot be less than 80% of the position's salary.
Labor Contract Law Art. 19-21Core Labor Obligations
Operational rules regarding leave requests, sick pay, and public holiday work that every HR manager must know.
Ref:Leave Requests
Employees must provide 30 days written notice for resignation (3 days during probation period). Employers must provide 30 days notice or payment in lieu for termination without cause.
Sick Pay
Medical leave period ranges from 3 to 24 months depending on years of service. Sick pay is 60-100% of wages, with specific rates determined by local regulations and employment contracts.
Holiday Work
Working on statutory holidays requires payment at 300% of normal daily wage. Adjusted working days are compensated at regular rates as they replace scheduled workdays.
Part-Time Calculation
Part-time employees are entitled to pro-rated benefits based on hours worked. Special regulations apply to part-time employment contracts with flexible scheduling.
Parental & Family Leave
Maternity Leave
National statutory maternity leave is 98 days (including 15 days prenatal). Provincial regulations extend this to 128-190 days in most regions. Full wages are paid through maternity insurance or by employer. Additional leave may be available for difficult births or multiple births.
State Council Decree No. 619Paternity/Partner Leave
Paternity leave varies by province, typically ranging from 7 to 30 days at full pay. Some regions offer more generous provisions. Fathers are also entitled to accompany spouse for prenatal checkups in some provinces.
Provincial RegulationsSick Pay & Compensation
Sick Pay
Employees are entitled to medical leave based on years of service: 3 months for less than 10 years, 6 months for 10-20 years, 9-24 months for 20+ years. Sick pay ranges from 60-100% of wages depending on service length and local regulations. Medical certificates required.
Source: Enterprise Employee Sick Leave RegulationsSpecific Laws & Regulations
Unique regulations and legal concepts that distinguish the China labor market from others.
Wage Protection System
Wages must be paid monthly in legal currency. Employers cannot withhold or delay wages without legal justification. Minimum wage standards are set by provincial governments and adjusted regularly. Wage arrears can result in administrative penalties and compensation requirements.
Social Insurance Five Insurances
Mandatory social insurance system includes pension, medical, unemployment, work injury, and maternity insurance. Both employers and employees make contributions. Pension requires 15 years minimum contribution for retirement benefits. Portable across employers within China.
Labor Contract Requirements
Written labor contracts are mandatory and must be signed within one month of employment start. Failure to provide written contract may result in double wages penalty. Three types: fixed-term, indefinite-term, and project-based. Two consecutive fixed-term contracts typically lead to indefinite-term contract.
Heat Stress Regulations
Special provisions for high-temperature work environments. Employers must provide heat subsidies, adequate breaks, and cooling facilities during summer months (typically June-September). Outdoor work prohibited when temperatures exceed 40°C or indoor work above 33°C without adequate cooling.
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Frequently Asked Questions
How does the adjusted working days system work during holidays?
To create longer holiday periods, the government designates certain weekends as working days. For example, to create a 7-day National Day holiday, employees might work the previous weekend to compensate. This is announced by the State Council annually and is mandatory for all employees.
Can employers refuse to grant annual leave?
Employers have discretion over timing of annual leave but cannot refuse it entirely. If work requirements prevent taking leave, the employer must compensate unused days at 300% of daily wages. Employees cannot waive their entitlement to annual leave.
What happens if I work overtime in China?
Overtime on regular weekdays is paid at 150% of hourly wage, weekends at 200%, and statutory holidays at 300%. Monthly overtime is typically capped at 36 hours, though enforcement varies. Overtime work requires employee consent except in emergency situations.
Looking for the holiday calendar?
View the official China public holiday list for 2025.
Legal Guides by Country
Select a jurisdiction to view detailed labor law requirements.
Disclaimer: This information is provided for general guidance only and does not constitute legal advice. Always consult official government sources and legal counsel for compliance matters.
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