ApplicationofSpecificRegulations剖析.PDFVIP

PRC Labor and Employment Law Newsflash – May 2015 ©Dacheng Law Offices PRC Labor and Employment Law Newsflash May 2015 Legal Framework of Special Working Hour Systems and Application of Specific Regulations How to practically apply special working hour systems has been all along important and difficult in the terms of working time management, and news came that the central government intends to issue more specific laws and regulations concerning the management of special working hours. Here are my brief comments as below made based on relevant articles of applicable laws and regulations, which are open to discussion: 1. Applicable Laws It is specified by Article 39 of the Labor Law of the People s Republic of’ China (the “Labor Law”) that an enterprise may adopt other work and rest systems upon approval of the labor administration authority where it cannot practice the provisions of Article 361 and 382 of the Labor Law . In a word, an employer failing to enforce the standard working hour system may adopt a special working hour system, with the prior administrative examination and approval. Furthermore, “other work and rest systems”are not indicated as special working hour systems in the Labor Law, but it is found during practices that only special working hour systems are the “other work and rest systems” applying the prior administrative examination and approval. To this end, more express interpretation was made for law enforcement in Article 3 of the Measures for Examining and Approving Enterprises ’Non-fixed Working Hour System and Comprehensive Working Hour System promulgated by the Ministry of Labor that an enterpris