LMI [1994] No. 503 issued by the Ministry
of Labour on December 14, 1994
Article 1 These Measures are formulated in accordance with the provisions of Article 39 of the Labour Law of the People¡¯s Republic of China.
Article 2 These Measures apply to all enterprises within the territory of the People¡¯s Republic of China.
Article 3 Where an enterprise can not follow the provisions in Article 36 and Article 38 of the Labour Law of the People¡¯s Republic of China due to the characteristics of its production, it may adopt other rules on working hours and rest such as the flexible working hour system or the working hour system of comprehensive calculation.
Article 4 Enterprises may adopt the flexible working hour system if their staff and workers meet any one of the following requirements:
(1) senior managerial personnel, field personnel, salesmen, some personnel on duty and other staff and workers unable to practice the normal working hour system due to their work;
(2)personnel engaged in long-distance transport and taxi drivers, some loaders in railway stations, harbours or warehouses, and the staff and workers engaged in expedient work due to the special nature of their work; or
(3) other staff and workers suitable to the adoption of the flexible working hour system due to the characteristics in production, special needs of work or the relations of their duties and functions.
Article 5 Enterprises may adopt the working hour system of comprehensive calculation if their staff and workers meet any one of the following requirement, that is, the working hours are calculated comprehensively on one week, one month, one quarter, or one year as a cycle. However, the average working hours for one day or one week shall be approximately equal to the statutory standard working hours.
(1) the staff and workers engaged in the trades such as communications, railway, posts and telecommunications, water transportation, aviation or fishery necessary for consecutive operations due to the special nature of their work;
(2) some staff and workers engaged in the trades such as geology, resources prospecting, architecture, refinement of salt, refinement of sugar, or tourism restricted by seasons and natural conditions; or
(3) the staff and workers suitable to the adoption of the working hour system of comprehensive calculation.
Article 6 As to the staff and workers adopting other rules on working hours and rest such as the flexible working hour system or the working hour system of comprehensive calculation, enterprises shall, according to the relevant provisions of Chapter I and Chapter IV of the Labour Law of the People¡¯s Republic of China and on the basis of ensuring the health of the staff and workers and of fully soliciting opinions from them, take the appropriate measures to arrange them to work for a concentrated period of time, to rest for a concentrated period for time, or to take holidays by turns or exchange, or to adopt elastic working hour system so as to guarantee the rights of the staff and workers to take rest and holidays, and the fulfillment of their tasks of production and work.
Article 7 Where the enterprise subordinate directly to the Central Government adopts other rules on working hours and rest such as the flexible working hour system or the working hour system of comprehensive calculation, it shall be examined and verified by the competent departments in charge of the trades under the State Council, and submitted to the labour administrative department under the State Council for the approval.
The measures for examination and approval of the rules on working hours and rest such as the flexible working hour system and the working hour system of comprehensive calculation adopted by local enterprises shall be worked out by the labour administrative departments of provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the labour administrative departments under the State Council for the record.
Article 8 These Measures shall be implemented as of January 1, 1995.
