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Labor Law of the People's Republic of China
| Article 38 The employing unit shall guarantee that its staff
and workers have at least one day off in a week. Article 39 Where an enterprise can not follow the stipulations in Article 36 and Article 38 of this Law due to its special production nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department. Article 40 The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals: the New Year's Day; the Spring Festival; the International Labour Day; the National Day; and other holidays stipulated by laws, rules and regulations. Article 41 The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for due to special reasons, the extended hours shall not exceed three hours a day under the condition that the health of labourers is guaranteed. However, the total extension in a month shall not exceed thirty six hours. Article 42 The extension of working hours shall not be subject to restriction of the provisions of Article 41 of this Law under any of the following circumstances: where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers; where prompt rush repair is needed in the event of breakdown of production equipment, transportation lines or public facilities that affects production and public interests; and other circumstances as stipulated by laws, administrative rules and regulations. Article 43 The employing unit shall not extend working hours of labourers in violation of the provisions of this Law. Article 44 The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances: to pay no less than 150 percent of the normal wages if the extension of working hours is arranged; to pay no less than 200 percent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and to pay no less than 300 percent of the normal wages if the extended hours are arranged on statutory holidays. Article 45 The State shall practise a system of annual vacation with pay. Labourers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council. Chapter V Wages Article 46 The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work. The level of wages shall be gradually raised on the basis of economic development. The State shall exercise macro-regulations and control over the total payroll. Article 47 The employing unit shall independently determine its form of wage distribution and wage level for its own unit according to law and based on the characteristics of its production and business and economic results. Article 48 The State shall implement a system of guaranteed minimum wages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government and reported to the State Council for the record. Wages paid to labourers by the employing unit shall not be lower than the local standards on minimum wages. Article 49 The determination and readjustment of the standards on minimum wages shall be made with reference to the following factors in a comprehensive manner: the lowest living expenses of labourers themselves and the average family members they support; (2) the average wage level of the society as a whole; (3) labour productivity; the situation of employment; and the different levels of economic development between regions. |
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