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| Category | LABOUR ADMINISTRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1995-03-25 | Effective Date | 1995-05-01 |
|
Decision of the State Council on Revising the "Provisions of the State Council on Working Hours of Workers and Staff" (Appendix: the First Revision) |
|---|
The State Council has decided to amend the "Provisions of the State
Council on Working Hours of Workers and Staff" as follows:
1. Article 3 shall be amended as: "Workers and staff shall work 8 hours a
day and 40 hours a week."
2. Article 5 shall be amended as: "When the standard working hour system
of 8 hours a day and 40 hours a week is inapplicable due to the special
working situation or production nature, other rules may be adopted on working
hours and holidays according to the relevant provisions of the State."
3. Article 7 shall be amended as: "All state organs and institutional
organizations shall institute a unified working hour system under which
Saturday and Sunday shall be arranged as weekly holidays.
Enterprises and institutional organizations that cannot institute the
unified working hours prescribed in the preceding paragraph may make flexible
arrangements for weekly holidays in the light of their actual conditions."
4. Article 9 shall be amended as: "These Provisions shall enter into
effect on May 1, 1995. In cases when it is difficult for enterprises and
institutional organizations to implement these Provisions as of the said date,
they may be given an appropriate period of deferment, but at latest on January
1, 1996 for such institutional organizations, or on May 1, 1997 for such
enterprises, the implementation of these Provisions shall commence."
The "Provisions of the State Council on Working Hours of Workers and (promulgated by Decree No.146 of the State Council of the People's Article 1 These Provisions are formulated pursuant to the provisions of Article 2 These Provisions shall be applicable to workers and staff Article 3 Workers and staff shall work 8 hours a day and 40 hours a week. Article 4 Workers and staff who are under special working conditions or Article 5 When the standard working hour system of 8 hours a day and 40 Article 6 No unit or individual shall extend the working hours of their Article 7 All state organs and institutional organizations shall Enterprises and institutional organizations that cannot institute the Article 8 The Ministry of Labour and the Ministry of Personnel shall be Article 9 These Provisions shall enter into effect on May 1, 1995. In
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Staff" shall be republished after being correspondingly amended according to
this Decision. Prior to the implementation of this Decision, the "Provisions
of the State Council on Working Hours of Workers and Staff" promulgated by the
State Council on February 3, 1994, and enforced as of March 1, 1994, shall
still hold effective.
Appendix: PROVISIONS OF THE STATE COUNCIL ON WORKING HOURS OF WORKERS AND
STAFF
Republic of China on February 3, 1994, and revised in accordance with the
"Decision of the State Council on Revising the Provisions of the State Council
on Working Hours of Workers and Staff" promulgated on March 25, 1995)
the Constitution of the People's Republic of China for the purposes of
rational disposition of working hours and holidays of workers and staff,
maintaining their right to rest, mobilizing their working initiative,
improving the development of socialist modernization construction.
engaged in all state organs, social organizations, enterprises, institutional
organizations and other organizations within the territory of the People's
Republic of China.
have special situation and need the working hours to be shortened reasonably
shall implement the relevant provisions of the State.
hours a week is inapplicable due to the special working situation or
production nature, other rules may be adopted on working hours and holidays
according to the relevant provisions of the State.
workers and staff without authorization. When the working hours are necessary
to extend for the purpose of special case or emergent assignment, it shall be
implemented according to the relevant provisions of the State.
institute a unified working hour system under which Saturday and Sunday shall
be arranged as weekly holidays.
unified working hours prescribed in the preceding paragraph may make flexible
arrangements for weekly holidays in the light of their actual conditions.
responsible for the interpretation of these Provisions. The implementation
measures shall be formulated by the Ministry of Labour and the Ministry of
Personnel.
cases when it is difficult for enterprises and institutional organizations to
implement these Provisions as of the said date, they may be given an
appropriate period of deferment, but at latest on January 1, 1996 for such
institutional organizations, or on May 1, 1997 for such enterprises, the
implementation of these Provisions shall commence.
URL: http://www.asianlii.org/cn/legis/cen/laws/dotscortpotscowhowas1103