Work overtime or on duty during the Spring Festival? Working overtime during the Spring Festival holiday: should compensatory time off be provided or overtime pay given?

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During the Spring Festival, many employees still remained at their posts due to work requirements. Of course, workers can also receive corresponding overtime pay in accordance with the law. However, some organizations use terms like “on duty” or red envelopes to replace the concept of overtime, turning the due overtime pay into something that doesn’t exist in reality. What is the difference between being on duty and working overtime? What else should be considered when working overtime during the Spring Festival? What are the regulations regarding public officials working overtime during the Spring Festival holiday? Today, let’s take a look at the matters related to working overtime during the Spring Festival. 1. The difference between being on duty and working overtime: Although “being on duty” and “working overtime” differ by just one character, their meanings are not the same. To determine whether it is overtime or duty, it mainly depends on whether the worker continues to work at their original position, or whether they have specific domestic or business tasks to carry out. Working overtime means having production and operational tasks at one’s original position, whereas being on duty means the opposite. On-call duty: Refers to the situation where workers carry out certain non-productive tasks outside of regular working days, as required by the employer. If the organization, for reasons such as safety, fire prevention, or holidays, assigns employees to carry out temporary tasks that are unrelated to their regular duties. There is no limit on the duration of being on duty. Shift duty is not a legal concept; in other words, labor law does not provide any regulations on it. Whether and how much shift duty compensation should be paid must be agreed upon in advance, in accordance with the company’s rules and regulations. Overtime refers to the situation where employees continue to work on their assigned tasks outside of their regular working hours, resulting in a working time that exceeds the statutory limit. Note: Overtime must not exceed 1 hour per day as stipulated by the Labor Law ； In cases where it is necessary to extend working hours for special reasons, such extension shall not exceed 3 hours per day and 36 hours per month, provided that the health of the workers is protected. Overtime: In accordance with the Labor Law, when workers are required to work longer hours, they shall be paid a wage equal to 150% of their regular wage ； If workers are required to work on rest days without being given compensatory time off, they shall be paid a wage equal to at least 200% of their regular salary ； If workers are required to work on statutory holidays, they shall be paid a wage equal to no less than 300% of their regular wage. 2. How are overtime pay calculated during the Spring Festival? Overtime work on the first, second, and third days of the Spring Festival (February 5–7) requires payment of triple the regular daily wage. On February 4 (New Year’s Eve), February 8, February 9, and February 10, employers may choose to provide compensatory time off or pay double the daily wage. When working overtime during the Spring Festival, it is important to note these 3 points: overtime pay for the Spring Festival cannot be replaced with compensatory time off. Under normal circumstances, if workers are required to work on rest days (usually Saturdays and Sundays), companies can first offer compensatory time off. Overtime pay of not less than 200% of the salary is paid only when it is not possible to arrange compensatory time off. If workers are required to work on statutory holidays, the employer may only pay overtime wages in accordance with the relevant provisions of the Labor Law, and cannot substitute this with compensatory time off. Spring Festival is a statutory holiday; therefore, overtime work must be compensated with overtime pay, and it cannot be replaced by time off. Voluntary work does not constitute overtime. The prerequisite for an employer to pay overtime wages is that “the employer arranges for employees to work beyond the statutory standard working hours based on actual needs”; in other words, only when the employer mandates overtime should it pay overtime wages. If an employee works overtime on a voluntary basis, without it being required or decided by the employer, nor is there any record of such overtime approved by the employer, then it does not constitute overtime, and the employer is not obligated to pay overtime wages. However, if the employer approves the employee’s overtime work, it is considered overtime arranged by the employer, and corresponding overtime pay should be paid. Note: If workers believe that their work requires overtime, they can request their employer to make the arrangements. Only in this way can one receive overtime pay in accordance with the law and protect one’s legitimate rights and interests. Red envelopes cannot replace overtime pay. During the Spring Festival, some companies choose to give employees red envelopes instead of paying them overtime wages. In fact, the “red envelope” used as a bonus is a form of material compensation or reward given by the employer to employees who produce more work than the normal workload requires. Overtime pay is compensation for workers who work longer hours and undertake additional workload. Therefore, red envelopes and overtime pay are two completely different concepts; they cannot replace each other or be included within one another. At the same time, for many civil servants, working overtime is an everyday occurrence, such as for police officers. So, what does the law stipulate regarding overtime for civil servants? The standard working hours for civil servants are stipulated in the \"Regulations of the State Council on Working Hours of Employees\" issued in 1995; these regulations state that employees in government agencies, social organizations, enterprises, institutions, and other organizations within China shall work 8 hours per day and 40 hours per week. Overtime and overtime pay: Overtime essentially means extending working hours, which can be further divided into regular overtime and additional hours worked. Overtime refers to the situation where an employer assigns workers to work on statutory holidays or rest days. Overtime refers to the situation where an employer asks employees to work longer hours outside of the standard working day, including starting work earlier or finishing work later. Overtime pay is the wage compensation that workers are entitled to for the time they work overtime. China’s Labor Law specifies the conditions, standards, and wage compensation for extended working hours. Among them, Article 44 stipulates that in any of the following circumstances, the employer shall pay wage compensation that is higher than the worker’s regular working hours wage, in accordance with the following standards. (1) Where workers are arranged to work extended hours, they shall be paid wages at a rate not less than 150 percent of their regular wage. (II) Where workers are required to work on rest days and no compensatory leave can be arranged, they shall be paid wage compensation at a rate of not less than 200% of their regular wage. (III) If workers are required to work on statutory holidays, they shall be paid a wage equal to not less than 300 percent of their regular wage. The Labor Law does not apply to civil servants. The Labor Law specifies the conditions, standards, and wage compensation for overtime work. However, these regulations do not apply to all workers. Article 2 of the Labor Law stipulates that this Law applies to enterprises and individual economic organizations within the territory of the People’s Republic of China, as well as to workers who have labor relations with them. **Government agencies, public institutions, social organizations, and workers who have entered into labor contracts with them shall be governed by this Law. According to the \"Opinions on Several Issues Concerning the Implementation of the Labor Law of the People’s Republic of China\" formulated by the former Ministry of Labor and Social Security, civil servants, as well as staff members of public institutions and social organizations that operate under a system similar to that of civil servants, are not covered by the Labor Law. Civil servants who work overtime are entitled to compensatory time off. Regarding the scope of civil servants, Article 2 of China’s Civil Servants Law specifies that civil servants as referred to in this law are those who perform public duties in accordance with the law, are included within the administrative staffing structure, and have their salaries and benefits covered by the finance department. In addition, Article 106 of the Civil Servants Law stipulates that, in public institutions entrusted with public affairs management functions by laws and regulations, staff other than those engaged in logistical support may, upon approval, be governed in accordance with this law. Regarding overtime for civil servants, Article 76 of the Civil Servants Law stipulates that they are subject to a **specified working hour system and are entitled to leave in accordance with **relevant regulations. Civil servants who work overtime outside of statutory working days shall be given corresponding compensatory time off. Should civil servants be paid overtime if they work extra hours? Regarding this, the Interpretation of the Civil Servant Law analyzes in its explanation of Article 76 that, due to the nature of work in government agencies, civil servants sometimes need to work overtime outside of the statutory working hours. This clause clearly stipulates that compensatory time off must be provided for overtime work. What needs further research to clarify is whether employers are required to pay overtime wages when civil servants work overtime without being given compensatory time off. Regarding this issue, there were different opinions during the legislative process; some argued that the principle of distribution according to work should be reflected, and those who work overtime without compensatory time off should be given overtime pay ； Some believe that civil servants are public servants who serve the people, and therefore overtime work should not be compensated with overtime pay. Moreover, the various situations of overtime in government agencies are quite complex, making it difficult to determine which instances of overtime are truly necessary. The law does not specify anything on this matter. Generally speaking, whether overtime pay should be given in lieu of compensatory time off for working overtime depends on the specific circumstances. In cases of overtime that clearly exceeds the normal workload and for which the employer is unable to arrange compensatory time off, some form of compensation should be provided. This requires further clarification through relevant policies and regulations. It should be remembered that the Spring Festival is a time for family reunions. Employees who have worked hard throughout the year should be recognized by their employers for any overtime work they do at this time, so as to prevent them from suffering both physically and emotionally. Employees can also collect valid evidence by keeping records such as overtime notices, shift schedules, and attendance logs, in order to safeguard their rights when necessary. Furthermore, regulatory authorities must speak out in a timely manner regarding practices by certain organizations that involve using duty shifts to replace overtime work, or using red envelopes as a substitute for overtime pay!