1. Where 21.75 comes from
Under MOHRSS Notice 2008 No. 3: annual working days = 365 − 104 (rest days) = 261; monthly paid days = (365 − 104) ÷ 12 = 21.75. Paid days include public holidays because those are paid.
So daily wage = monthly wage ÷ 21.75 and hourly wage = daily wage ÷ 8. At CNY 10,000 per month the hourly rate is about CNY 57.47.
2. 20.83 is a different number
Monthly working days are (365 − 104 − 11) ÷ 12 = 20.83, used for working-time statistics and for pro-rating sick and personal leave. Using 20.83 for overtime overstates the hourly rate.
3. Which multiplier applies when
Article 44 of the Labor Law sets three rates:
- Extended hours on a working day: no less than 150%.
- Rest-day work that cannot be offset by time off: no less than 200%; equal time off removes the payment.
- Statutory public holidays: no less than 300%, and time off cannot replace it.
4. Differences in the base
The base is normally the normal-working-time wage agreed in the contract and never below the local minimum wage. Whether bonuses and allowances are included depends on local rules, and this site flags that difference rather than adopting one locality’s standard.
5. Comprehensive and flexible working hours
Comprehensive working hours require administrative approval. Hours above the statutory total for the approved cycle are treated as extended hours at 150%, and work on statutory public holidays is paid at 300%.
Flexible working hours also require approval and generally remove working-day and rest-day overtime; whether public holidays are paid at 300% varies locally. Without approval, standard working hours are generally applied.
- Monthly wage CNY 10,000 → hourly rate 10,000 ÷ 21.75 ÷ 8 ≈ CNY 57.47
- 20 extended weekday hours: 57.47 × 1.5 × 20 ≈ CNY 1,724.14
- 16 rest-day hours with no time off: 57.47 × 2 × 16 ≈ CNY 1,839.08
- 8 public holiday hours: 57.47 × 3 × 8 ≈ CNY 1,379.31
Result: Total ≈ CNY 4,942.53
FAQ
Is there a limitation period for overtime claims?
Wage arrears during an ongoing employment relationship are not subject to the one-year limitation; after termination the claim must be brought within one year of that date. Overtime counts as wages, but the evidential threshold is high.
Who proves attendance records?
The employee first provides evidence suggesting overtime; where the employer holds attendance records it must produce them or risk an adverse finding.
Can rest-day overtime be replaced by time off?
Yes. Equal time off removes the 200% payment. Public holiday work cannot be replaced by time off.
This site provides automated calculations and general information only. It is not legal advice.