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Q：
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Can an enterprise require its employees to work overtime due to its production and operation needs?
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A：
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Pursuant to Labor Law, due to production and operation needs, enterprises can extend the working hours after negotiation with labor unions and the employees. Generally speaking, the extended working time shall be no more than one hour per day; if it is necessary to extend working hours for special reasons, the extended working hours shall not exceed three hours per day and thirty-six hours per month on the premises that the employees’ health conditions could be guaranteed. Accordingly, enterprises can require employees to work overtime, but it needs to negotiate and with its employees in advance.
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Q：
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When can an enterprise directly arrange its employees to work overtime without consulting with its employees?
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A：
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According to the interpretation of Wang Jianping, the director of Professional Committee of Labor and Social Security Law of the National Law Association, during the epidemic period, if it involves the production of some emergency supplies, such as medical equipment of ventilators and masks, enterprises can arrange their employees to work overtime as approved by the law without negotiating with employees in advance.
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Q：
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How to calculate overtime pay?
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A：
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According to the "Beijing Wage Payment Regulations", employers who arrange for their employees to work overtime in accordance with the law shall pay the employees overtime wages in accordance with the following standards:
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If the working hours are extended beyond the standard working hours of the day, overtime wages shall be paid at 150% of the hourly wage base
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Those who work on rest days should arrange compensatory time off at the same time. If compensatory time off is not arranged, overtime pay shall be paid at not less than 200% of the daily or hourly wage base
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Working on statutory holidays should pay overtime wages at least 300% of the daily or hourly wage base.
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Q：
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If employees are arranged to work in the statutory holidays, they shall be paid no less than 30% of their salaries”. What are the statutory holidays in China?
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A：
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New Year's Day (January 1st), Spring Festival (the first to third day of the first lunar month), Qingming Festival (the day of the Qingming), Labor Day (May 1st), Dragon Boat Festival (the day of the Dragon Boat Festival), Mid-Autumn Festival (the day of the Mid-Autumn Festival), National Day (October 1st to 3rd)
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Q：
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If an enterprise implements an irregular working system due to production and operation needs, shall it pay employees' overtime wages on weekends and holidays?
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A：
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Enterprises that have been approved to implement irregular working system are not required to pay employees overtime pay.
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Q：
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During the epidemic period, if an enterprise suspends production and arranges its employees to take vacations, can the vacations be offset against annual leave?
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A：
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Yes, but the company need to clearly explain to its employees about such arrangements.
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