Direct answer

Overtime pay follows the hour system, the calendar day type, and proof of hours.

Under the standard system, extending hours on a workday is typically 150% of the wage rate; rest-day work is 200% if not swapped for time off; statutory holiday work is 300% and is not usually replaced by leave. Monthly overtime is generally capped (often discussed as 36 hours on the standard system). Comprehensive and irregular systems change when a premium is due. ‘Included in salary’ language is weak if hours are far above the legal default. Local wage-base rules (what is in ‘normal wage’) matter.

The classification screen

4 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

Which hour system applies?

Standard, comprehensive or irregular — the premium table is not the same.

System
02

Was the day a workday, rest day, or statutory holiday?

300% days are a closed national/local holiday list, not a company day-off.

Day type
03

What wage base is used?

Basic wage versus average wage is a frequent underpayment pattern.

Base
04

Can hours be proved?

Badge, system logs, WeChat dispatch and witness evidence.

Proof

Working rule: Map the regulated role before marketing or launch in China.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
All-in salary
Does the contract say overtime is already included, while staff work late every night?
Courts often still test whether the included amount reasonably covers actual OT.
Rest-day swap
Was compensatory leave actually given for Saturday work?
200% is due if the rest day was not replaced.
Cap breach
Did monthly overtime exceed the statutory limit even if you paid something?
Over-cap arrangements remain a compliance issue, not only a money issue.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Wage and OT policyContract, handbook and any all-in clause.
02Hour recordsClock, roster, project tools and approval slips.
03PayslipsWhether OT was itemised and which base was used.
04Holiday calendarThe official holiday dates for the claim months.
Common confusions

Questions people ask before they build.

Short answers for orientation. The right result can change with the service model and current rules.

Can we pay a flat OT allowance instead of 150/200/300?

A fixed allowance can work only if it is clearly OT pay and is not less than the statutory premium on actual hours. A token allowance against heavy OT is a claim waiting to happen.

Does a comprehensive-hour system wipe OT?

No. It changes the averaging period. Hours beyond the cycle still attract a premium.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

National laws database (NPC)
PRC Labor Law (NPC)
PRC Labor Contract Law (gov.cn)
Ministry of Human Resources and Social Security