Overtime pay disputes in China often depend on more than the number shown on a payslip. First confirm which working-hours system applied, which hours the employer required, and whether a rest day was replaced with compensatory time off. Those details affect how the statutory minimum rate is assessed.
Article 44 of the Labor Law sets different minimum premiums: at least 150% for extended working hours, at least 200% for work on a rest day when compensatory rest is not arranged, and at least 300% for work on a statutory holiday. Keep a dated record before estimating a claim, because the schedule and wage calculation base can depend on the facts and local rules.
Confirm the working-hours system
Start with the labor contract, employee handbook, schedule notices, and any approval documents for a special or comprehensive working-hours system. Do not assume every job follows the same daily pattern. Ask which system the employer applied during the period in dispute and whether the required approval covered your position and dates.
The Labor Law’s Article 44 distinguishes weekday extensions, rest-day work, and statutory-holiday work. For a rest day, the statutory text allows compensatory rest instead of the premium payment. For statutory holidays, it sets a 300% minimum. The detailed calculation base and supporting wage rules may require checking the applicable local guidance and actual payroll practice.
Build a date-by-date record
Keep original attendance exports, shift rosters, work instructions, time-stamped messages, work-product records, and payslips. Note which hours were required or approved and which were voluntary. For each rest day, record whether and when the employer granted substitute rest. Preserve unedited copies and make a separate timeline; screenshots alone may not show the source or full context of a record.
Compare the timeline with payroll and identify the rate and wage base used for each period. Avoid relying only on a general monthly total when your claim turns on particular days or holiday classifications. If records are held by the employer, identify the exact records and date range in a written request and retain the response.
Act within the applicable time limit
Labor disputes generally have a one-year arbitration limitation period from when the worker knew or should have known of the rights violation. A special rule applies to wage arrears during an ongoing employment relationship; after the relationship ends, the claim generally must be brought within one year. Check the current rule and local filing practice promptly.
Sources: PRC Labor Law, Articles 41 and 44; Labor Dispute Mediation and Arbitration Law, Article 27.
This overview is general information. A specific calculation can depend on the work schedule, approvals, wage components, records, and local rules.
