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China's Basic Labour Law · Yalla China

中华人民共和国劳动法 / Labour Law

Enacted: 1994-07-05 ✅ Effective: 1995-01-01

📝 Overview

The basic Labour Law sets out working hours, rest days and holidays, overtime pay, minimum wage and safe working conditions. It is different from the Labour Contract Law.

This is general information only, not legal advice. For your specific case, consult a licensed lawyer.

📜 The law text / key provisions

Key practical points:
• Standard working hours are generally around 8 hours per day and 44 hours per week.
• You are entitled to weekly rest days and to the official public holidays.
• Overtime must be paid at a higher rate, and the rate is higher on rest days and public holidays.
• The minimum wage is set locally and differs from one city or province to another.
• The employer must provide safe and healthy working conditions.
• This law is the foundation, while the details of an individual contract are governed by the Labour Contract Law.

💬 Practical reading

💬 This is a general reading/opinion for orientation — not the official legal text nor legal advice.
As an employee in China, this law gives you a baseline of rights: reasonable hours, rest and fair overtime pay. If an employer imposes long hours without compensation or ignores the local minimum wage, these are signs of a violation. Remember that the minimum wage and details vary by your city, so check your own region's rules. This is a general orientation only and not formal legal advice.

🚔 Illustrative example / related case

Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
Withheld Wages — The Salary That Never Arrives
The situation: A foreign employee at a Chinese company does not receive their salary for three consecutive months, with the employer citing a temporary financial difficulty.

Applicable law: Article 30 of China's Labor Contract Law (2007) requires the employer to pay wages in full and on time; Article 38 allows the employee to terminate the contract immediately and recover overdue wages plus an equal additional indemnity (Article 85).

Typical outcome: Filing a complaint with the Human Resources and Social Security bureau, then the Labor Arbitration Committee if necessary, resulting in an order for immediate payment with late-payment penalties.
🎓 The lesson / takeaway: Lesson: Keep all employment contracts, payslips and payment receipts. If wages are delayed, submit a written complaint to the employer first, then to the relevant authorities if not resolved within a week. Chinese law fully protects foreign employees in the same way as local employees.
Read the full case →
📎 Official source mohrss.gov.cn / npc.gov.cn

🕒 Updated: 16 March 2026

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