Can you refuse overtime legally in China? In China, overtime rules are strict, and not all requests for extra work are allowed.

Employees have rights, and there are laws to protect them from too much overtime. But can you really say no if your boss asks you to stay late? 

According to the Labor Contract Law of the People's Republic of China: Article 31 states that an employer must strictly follow the set production quota standards and must not force employees to work overtime or require them to do so in any indirect way.

If you want to know your rights and what the law says, keep reading. You might be surprised by what you find out about overtime in China!

What Are China’s Overtime Laws?

China’s labor laws set strict rules on work hours, overtime, and how extra work must be compensated.

Knowing how these laws work helps you understand your workplace rights and what counts as legal overtime.

Standard Work Hours and Overtime Definition

Under China’s Labor Law, a normal workday is eight hours, and a standard workweek is no more than 44 hours, though most companies keep to 40 hours.

Any time you work beyond these standard hours counts as overtime. There is no difference in overtime regulations for managers or regular employees.

Any extra hours you work, whether asked directly or part of your usual tasks, must be treated as overtime under the law.

Invisible overtime—work done outside of normal hours, such as after-hours emails—still falls under the rules if required by your employer. Employers are responsible for keeping clear records of your working hours.

Overtime Limits and Pay Rates

There is a legal limit on overtime in China. Employers cannot ask you to work more than three extra hours per day and 36 hours per month, except in special cases approved by authorities.

Overtime compensation is set by national standards:

Employers must pay these rates and cannot substitute compensatory time off unless you agree. Overtime pay applies no matter your position if your contract and working system are standard.

Regional policies may add rules, but the national law is the minimum employers must follow.

Can You Legally Refuse Overtime in China?

Chinese labor laws place clear limits on overtime. While employees do have rights to refuse extra work, there are several exceptions and key conditions to keep in mind.

Employee Rights to Refuse Overtime

Under Chinese law, most employees have the right to refuse overtime. The law sets a standard workweek of 8 hours per day and 44 hours per week.

If your boss asks you to work beyond these hours, you can refuse unless special rules apply. Employers must first ask for your consent before scheduling overtime. This is to protect labor rights and ensure fair treatment at work.

If you refuse overtime, your employer cannot punish or fire you for this reason alone.

The All-China Federation of Trade Unions often supports workers who exercise their right to say no to extra hours. However, overtime that is properly paid and agreed to by you is still legal.

Exceptions: When Refusal Is Not Allowed

There are some situations where you cannot legally refuse overtime. These include natural disasters, emergencies, or urgent tasks that affect safety or public interests.

If the workplace is facing sudden risks, you may be required by law to stay and help. Occupations that have different work hour rules, like managers or some technical staff, may also face different requirements.

Some contracts include special clauses that allow for extra hours when needed. In these cases, refusing overtime could put your job at risk or even break the law. Make sure to check your contract and ask questions if you think your situation is an exception.

Understanding your rights about overtime is just the beginning. Discover more about how labor laws protect you in our article, Workers Rights in China: An Overview of Labor Law.

What Happens If You Refuse Overtime?

If you refuse to work overtime in China, your rights and risks depend on both the law and your employment contract. The law protects employees from unfair treatment, but there are steps you must take if your employer behaves unlawfully.

Legal Protections and Risks

Under Chinese labor law, you are not required to work overtime unless it is allowed by law and properly arranged by your employer. Your employer must pay extra for overtime or arrange compensatory leave.

If you refuse unreasonable or unlawful overtime, you generally cannot be fired for this alone. Wrongful termination can happen if your employer dismisses you only for not working overtime.

In most cases, this is not legal. You may make a claim for compensation or reinstatement if you are punished for refusing overtime outside the legal limits.

Labor disputes about overtime refusal or non-payment of overtime must follow proper channels, like labor dispute arbitration.

However, if your contract lets your employer require legal overtime and you refuse without good reason, you could face disciplinary action. Always check your contract and the company’s policies.

How to Report Unlawful Overtime Demands

If your employer forces you to work extra hours without following the law, you should gather evidence such as:

• Written requests to do overtime
• Timesheets or attendance records
• Pay slips showing no overtime pay

You can report the situation to your local labor bureau or seek help from labor unions. Filing a complaint starts an official investigation.

If necessary, you may file for labor dispute arbitration. Write down all actions and keep copies of your complaint.

Arbitration panels review the evidence and decide on solutions, such as unpaid wages or compensation for wrongful termination. You may also ask for support from a lawyer or legal aid office for advice on your rights.

Your employment contract plays a big role in your work life. Learn what to look for and protect your rights by reading our article: Employment Contract in China.

Employer Responsibilities for Overtime

Employers in China must follow strict rules about overtime work set by labor laws. You should know when overtime is allowed, how it must be managed, and what can happen if laws are not followed.

Legal Requirements for Overtime Requests

Employers cannot make employees work overtime unless it fits within the limits set by law.

In most cases, overtime can only be required if there is an emergency, urgent production, or danger to safety. You must give written notice to employees and pay them extra for overtime hours.

According to the Ministry of Human Resources and Social Security, overtime hours generally cannot exceed 3 hours per day or 36 hours per month. You must get employee consent for regular overtime.

If you plan to ask for overtime, your labor contract must clearly explain the rules and rates for extra hours.

The law requires that overtime pay is no less than 150% of the basic wage on weekdays, 200% on rest days, and 300% on public holidays.

Keeping accurate records of overtime and pay is also mandatory. If labor law enforcement checks your records, you must show that you followed all procedures.

Penalties for Violating Overtime Laws

If you do not follow overtime laws, you may face fines, pay extra compensation, or be ordered to correct your actions.

The Ministry of Human Resources and Social Security and local labor law enforcement can inspect your company, review your labor contracts, and interview employees.

Penalties for breaking overtime rules can include:

• Fines: Usually between ¥100 and ¥500 per worker affected.
• Back Pay: You may have to pay double wages for unpaid or underpaid overtime work.
• Corrective Orders: Authorities can require you to correct improper practices by a set deadline.

If problems continue, your business may get a bad credit rating with Chinese labor authorities. In serious cases, the company’s permit to operate may be suspended or revoked. This can damage your reputation and ability to hire staff in the future.

Knowing overtime regulations is important for everyone at work. For a complete guide on employer responsibilities, check out China Employer Obligations: A Full Guide for Compliance in 2025.

Recent Developments and Where to Get Help

China’s approach to overtime has changed in recent years. The government is watching long working hours more closely, especially in big tech companies and new types of jobs.

Notable Legal Cases and Trends

A few years ago, the "996 work culture"—where people work from 9 a.m. to 9 p.m., six days a week—became widespread, especially in the tech industry. Many workers spoke out against these extreme schedules.

The “lying flat” movement started in response, with young people choosing a slower pace over non-stop work.

The Chinese government has made it clear that companies cannot push employees into excessive overtime.

In 2021, courts ruled against several tech firms for forcing "996" hours. These cases have pushed more companies to follow legal work limits.

Key changes include:

• Written consent is now required for overtime.
• Employers must record every overtime hour.
• There is stronger enforcement against illegal overtime practices.

If you face pressure to accept long hours, these new rules give you more ways to protect your rights.

How To Get Legal Support in China

If you believe your employer is breaking overtime rules, you have a few options for help. You can contact your local Labor Bureau to get advice or file a complaint.

Workers also use hotlines and online complaint systems offered by some city governments. In larger cities, many law firms have lawyers focusing on labor law who can offer support.

Here are some ways to get help:

Bringing proof, like overtime records or messages from your boss, will make your case much stronger. You have the right to request fair working hours under Chinese law.

Conclusion

Knowing if you can refuse overtime legally in China helps you protect your rights at work. Chinese law sets clear limits on overtime and gives workers the power to say no in many cases. Employers must follow these rules, or they could face penalties.

If you are unsure about your rights or feel pressured to work too much, it’s important to know the law. Understanding your options can help you stay healthy and happy at work. Stay informed and speak up if you need to—knowing your rights makes all the difference!

If you need expert advice or legal support, contact China Legal Experts today to get personalized help.

Frequently Asked Questions

Chinese labor law sets rules for working hours, overtime, and payment. Some jobs have different arrangements, so it is important to know what applies to your situation.

Can I say no to working overtime?

You can refuse overtime if your employer asks you to work hours that go beyond legal limits or if overtime is not agreed in your contract. Employers in China must follow strict rules for asking employees to work extra hours.

You also have the right to extra pay or time off if you do work overtime, according to the law.

What is the 996 rule in China?

The "996 rule" means working from 9 a.m. to 9 p.m., six days a week. This schedule is common in some tech companies, but it is not legal under Chinese labor law.

The law sets a normal workweek of no more than 44 hours. The "996 rule" goes far beyond this and has been criticized by authorities.

Does China have strict labor laws?

China has strict labor laws that limit the number of hours you can work each week. Most full-time employees are not allowed to work more than eight hours a day and 44 hours per week.

Employers must pay extra for overtime and follow official procedures when asking for extra work.

Do Chinese work 12 hours a day?

Working 12 hours a day is not allowed under standard labor laws in China. The law sets an eight-hour workday as the norm.

Some companies break these rules, but doing so is illegal and can result in fines for the employer.

What is illegal overtime?

Illegal overtime means working more hours than allowed by law without proper pay or without the right agreement. Employers must follow limits on daily and weekly hours and must pay extra wages for overtime.

Forcing someone to work extra without pay or agreement breaks the law.

Are there specific industries in China with different overtime regulations?

Yes, some jobs have different rules.

For example, roles in transportation, health care, or jobs that cannot stop may have special overtime arrangements.

These exceptions must still follow the basic principles of fair work and pay.

They must be approved by the local labor authority.