Is Chinese Overtime illegal?

Several federal courts have found that employees who work variable hours on a regular schedule can be legally paid the “Chinese overtime” rate of one-half their regular hourly wage.
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Do Chinese people work overtime?

In China, there is no distinction between overtime regulations for managers or ordinary employees. Employees can work up to 3 hours of overtime per day, and no more than 36 hours per month.
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What is the maximum overtime in China?

The Labor Law of the People's Republic of China stipulates that the legal limit for overtime work is no more than three hours per day and 36 hours per month. However, some industries may have different limits, which are set by the relevant government authorities.
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Is Chinese overtime legal in North Carolina?

Fluctuating workweek overtime is legal as long as the following conditions are met: The employee must be on a guaranteed weekly salary which is paid to the employee as long as the employee performs any work in the workweek.
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What is another name for Chinese overtime?

Chinese overtime, which is also called a variable workweek or half-time method of overtime calculation, involves the fluctuating work week method to calculate overtime as permitted under the federal Fair Labor Standards Act. Employers use this method in order to save money.
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Why Employers use Chinese Overtime?

Is Chinese overtime legal in Florida?

Chinese overtime is only legal if the following requirements are met: The employee must be paid a fixed salary, regardless of whether they work 40 hours in a work week. The employer may not reduce the salary for shorter work weeks or weeks where the employee actually worked fewer than 40 hours.
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Why do they call it Chinese overtime?

If an employee is paid a fixed salary each workweek for hours that vary up and down from week to week, the employer may use an overtime calculation method called “fixed salary for fluctuating workweeks”. This is the method that some companies in the past used to refer to informally as “Chinese overtime”.
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Do Chinese work 12 hours a day?

The 996 working hour system (Chinese: 996工作制) is a work schedule practiced by some companies in China. It derives its name from its requirement that employees work from 9:00 am to 9:00 pm, 6 days per week; i.e. 72 hours per week, 12 hours per day.
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Is overtime illegal in the US?

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
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What is overtime in Hawaii?

Employees who work over 40 hours per week are entitled to overtime pay at time-and-a-half (1.5) for every additional hour worked. Since the regular minimum wage in Hawaii is $14.00 per hour, this means Hawaii's overtime minimum rate is $21.00 per hour.
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What is the 3 hour rule in China?

The latest proposals follow rules announced by China's government in 2021. Those regulations included a policy that limits online gaming for young people to three hours each week. Current law permits players under age 18 to only play between 8 pm and 9 pm on Fridays, Saturdays and Sundays during the school year.
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Which job has the most overtime?

Nine Jobs Most Likely to Offer Overtime Pay
  • Machinery Mechanic. ...
  • Instrumentation and Controls Technician. ...
  • Computer Numerically Controlled Operator. ...
  • Forklift Operator. ...
  • Millwright. ...
  • Welder. ...
  • Truck Driver, Refuse. Percent working overtime: 54.7 percent. ...
  • Assembly Line Worker. Percent working overtime: 54.6 percent.
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What is China's minimum wage?

Minimum wages in China continue to rise. As of February 19, 2024, Shanghai has the highest monthly minimum wage among 31 provinces (RMB 2,690/US$370 per month), and Beijing has the highest hourly minimum wage (RMB 26.4/US$3.7 per hour).
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Is 996 illegal?

SHANGHAI, Aug 27 (Reuters) - China's Supreme People's Court said the overtime practice of "996", working 9 a.m. to 9 p.m. six days a week, is illegal, taking aim at the controversial policy that is common among many Chinese technology firms.
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What does 996 mean in China?

The term '996' describes the notoriously gruelling work schedule in which many young workers in some of China's biggest companies work 9am to 9pm, six days a week.
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Do Chinese sleep at work?

Lights turn out, blinds close, and voices hush. The time to rest is thoroughly incorporated into everyone's routine: people keep pillows, blankets, and eye-masks at the office to make sure they can decompress in comfort and style.
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Can I say no to overtime?

Your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
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What is overtime pay for $20 an hour?

California overtime calculator example

Regular hourly rate: $20. 1.5 overtime rate: 1.5 x $20 = $30.
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What states have 8 hour overtime?

Currently, Alaska, California, Nevada, Puerto Rico and the Virgin Islands all have daily overtime laws for working over eight hours in a day. Colorado has daily overtime laws for working over 12 hours in a day.
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What is Chinese work culture like?

Chinese work culture is a tapestry woven with tradition and innovation. Harmony and teamwork are prized, with a deep respect for authority. Building relationships (Guanxi) is crucial for success, and diligence is a hallmark. The work-life balance varies, but dedication is common.
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What is 996 TikTok?

996 refers to working practices in China, where employees can work from 9 a.m. to 9 p.m. six days a week.
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What country has the shortest work week?

Shortest amount of time working per week per employed person
  • Vanuatu: 24.7 hours.
  • Kiribati: 27.3 hours.
  • Mozambique: 28.6 hours.
  • Rwanda: 28.8 hours.
  • Austria: 29.5 hours.
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What is hourly wage in China?

In 2024, the highest minimum hourly wages in China were to be found in Beijing and Tianjin municipalities with 26.4 and 24.4 yuan respectively, whereas employees in Ningxia autonomous region and Hainan province who received a minimum wage were paid the least – between 16 and 18 yuan per hour.
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Do Japanese do overtime?

Working time

Since 1987, Japan has adopted the principle of a 40-hour week. If people work over eight hours per day, 40 hours per week, or on holidays (and one "weekend" day a week), or at late night (10pm to 5am), they are entitled to overtime pay.
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How many hours is full time in China?

Working life in China is usually centred on a 40-hour week spread across five days (most often Monday to Friday).
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