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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.
Unpaid wages — how to claim what you're owed
The situation: a worker isn't paid on time and the employer keeps stalling.

Applicable law: the Labor Contract Law (劳动合同法) and the Labor Dispute Mediation and Arbitration Law (劳动争议调解仲裁法). The usual route is labour arbitration first, before court.

Typical outcome: the worker files for labour arbitration (often low-cost/free); a written contract, payslips and attendance records are decisive as evidence. The employer may be ordered to pay the arrears and possibly compensation.
🎓 The lesson / takeaway: Lesson: your written contract and payslips are your weapon. Keep copies of everything from day one and log payment dates. Labour arbitration is usually cheaper and faster than court — start there.
Read the full case →
📎 Official source mohrss.gov.cn / npc.gov.cn

🕒 Updated: 16 March 2026

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