[Direct answer]In the Beijing area, the comprehensive working hour system calculates the total working hours based on the approved cycle (week, month, quarter, year), and does not calculate overtime by the day or week. For the part of the actual total working hours within the cycle that exceeds the statutory standard working hours (such as 2,000 hours per year), overtime pay of not less than 150% shall be paid; for work on statutory holidays, overtime pay of not less than 300% shall be paid regardless of whether the total hours within the cycle exceed the standard. The prerequisite are that the company has been approved by the labor administrative department. For those who apply the comprehensive working hour system without approval, overtime pay shall be calculated on a daily basis according to the standard working hour system (Articles 36 and 44 of the Labor Law of the People's Republic of China, implemented on January 1, 1995).

I. Problem Background and Typical Scenarios

Comprehensive working hours are widely applicable in industries such as factories, logistics, catering, and subway operation and maintenance. For example, if an employee works for 28 days in one month and takes 10 days off in the next month, they may appear to be "working overtime" every day when viewed on a monthly basis, but the total hours worked will still fall within the predetermined limits when calculated over a longer period. Employees often struggle to keep track of their hours, while companies calculate them meticulously. The discrepancy between the two sides often lies hidden within the calculation cycle.

II. Key points of contention

First, the authenticity of the approval—those who claim that there are no approval documents for comprehensive working hours will be calculated according to standard working hours. Second, the calculation of the total working hours per cycle—the attendance summary will be compared with the statutory total. Third, whether the threefold compensation for working on statutory holidays is cumulative. Fourth, the guarantee of rest between shifts and the definition of working hours.

III. Professional analysis by Henglue Lawyers

The three-step accounting process is as follows: 1. **Verifying qualifications**: Both comprehensive working hours and irregular working hours systems require approval from labor administrative authorities. Companies must present the approval documents and the applicable job scope—approvals only cover specific positions. If a company claims to implement comprehensive working hours across the entire company but exceeds the approved scope, the positions outside the scope will be treated according to standard working hours. For unapproved systems, overtime pay will be calculated daily based on standard working hours, regardless of contract provisions. 2. **Calculating totals**: During the approval period (commonly monthly, quarterly, or annually), compare the total actual working hours with the legal standard. For annual cycles, the standard is 2,000 hours (8 hours per day, 40 hours per week, and approximately 250 working days per year). Exceeding this threshold will be paid at 1.5 times the standard rate. Note that the conversion rate should follow the approval documents and local regulations. 3. **Adding holidays**: Employees who work on statutory holidays (New Year's Day, Spring Festival, Qingming Festival, May Day, Dragon Boat Festival, Mid-Autumn Festival, and National Day—a total of 11 days) will be paid triple their regular rate, regardless of whether the total working hours exceed the standard. Under comprehensive working hours, rest days (weekends) are not separately paid at double rates—they are only compensated at 1.5 times the standard rate within the approved overtime limits, which is a key distinction from the standard working hours system. Evidence: Key materials include shift schedules, attendance summaries, overtime pay entries on pay slips, and shift handover records. If the company offsets overtime with "adjusted rest days," rest days under comprehensive working hours can be adjusted within the cycle, but statutory holiday work cannot be offset with adjusted rest days to claim triple pay. Beijing court rulings strictly review approval documents, requiring companies to first present the approval information (which can be verified by requesting documents from the labor authority) before calculating the total working hours for the cycle, making discrepancies easily identifiable. --- **Key points**: - Approval documents must cover specific positions. - Overtime pay is calculated daily under comprehensive working hours. - Statutory holiday work is paid triple the regular rate. - Rest days under comprehensive working hours can be adjusted within the cycle, but statutory holiday work cannot be offset. - Beijing courts strictly review approval documents and require companies to provide them first. - Evidence includes shift schedules, attendance summaries, pay slips, and shift handover records. - Legal precedents emphasize clarity in calculating overtime pay and offsetting mechanisms.

IV. Practical suggestions and legal basis

Action List: 1. First, verify the approval documents and their applicability to the position. 2. Second, summarize the total number of hours worked and list the attendance records on holidays according to the approval cycle. 3. Third, compare the overtime pay listed on the pay slip with the actual amount to calculate the difference. 4. Fourth, if no agreement is reached, apply for arbitration and request the employer to clarify the overtime and holiday pay according to the approval cycle. Main legal basis: Articles 36, 38, 41, and 44 of the Labor Law of the People's Republic of China (effective January 1, 1995); The Labor Ministry's Approval Measures for Enterprises to Implement Irregular Working Hours and Comprehensive Calculation of Working Hours (Labor Ministry Document No. 503, 1995); Article 13 of the Interim Regulations on Wage Payment; Specific applications shall be subject to the currently effective regulations and approval documents.

5. Henglue Law Firm's Reminder

Three reminders: Comprehensive working hours are not an excuse for companies to avoid paying overtime fees. If the cycle exceeds the limit, they still have to pay 1.5 times the regular wage; the three-fold pay during legal holidays is an independent bottom line that cannot be offset by adjusting working hours; and the scope of the approval position determines whether you can apply this algorithm. When signing a contract, it is necessary to clarify the working hour system corresponding to the position. The working hour data in the scheduling industry is scattered, and it is much more reliable to export the attendance data monthly than to recall it afterwards. For issues involving comprehensive working hours and overtime fees, you can consult a professional labor law firm for assistance.Labor arbitration and work-related injury compensationFor obtaining a comprehensive solution for the service, those involved in the verification of approval documents and the determination of working hours can refer to the working hours section in the same column. Those involved in the recovery of unpaid wages can combine the relevant information with other sections.Creditor's rights and debts, and enforcementFor any questions regarding the compliance of enterprise scheduling, please feel free to consult us.Intellectual property protection and corporate lawTeam, please contact us for difficult casesSpecial services.

VI. Frequently Asked Questions

Q1: Is it legal to use comprehensive working hours without the company's approval?

It's illegal. Comprehensive working hours cannot be applied without approval. Overtime pay shall be determined according to the standard working hours system on a daily basis: one and a half times for working days exceeding eight hours, twice for rest days, and three times for holidays. The difference can be recovered.

Q2: Under the comprehensive working hours system, do we get double pay for working on the weekend next week?

It's not calculated separately. The comprehensive working hours are calculated based on the total hours of the cycle, and the attendance on weekends is included in the total. The part exceeding the statutory standard is calculated at 1.5 times; only in the standard working hour system, the weekend shifts are calculated at double the rate.

Q3: How is overtime work calculated during the Spring Festival?

On legal holidays, employees who report for work shall be paid at least three times the normal wage, and this payment cannot be offset by adjusting working hours or compensatory leave. For non-legal holidays during the Spring Festival adjustment and consecutive rest period, they shall be handled in accordance with the cyclical rules.

Q4: How to verify the annual comprehensive working hours?

Compare the total attendance hours for the whole year with the standard total of around 2,000 hours (the specific conversion shall be subject to the approval and local standards). For the exceeded part, multiply it by 1.5 times the hourly wage, and triple the amount for holidays.

Q5: How long will it take to recover the debt?

This is a labor remuneration dispute. During the employment period, it is not subject to the one-year arbitration statute of limitations, and can be claimed within one year after leaving the job. For disputes with a long time span, they should be listed in segments according to the approval year, which is convenient for the arbitration tribunal to calculate the amount of compensation.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.