The city of Qingdao in Shandong Province issued the Trial Measures on Approval of Special Working Hour System(“Measures”), which came into force on July 1, 2014. The main contents are as follows:
- When applying to implement a system for special working hours, employers should submit the consenting decision of the labor union committee or the general employee meeting. Failure to go through democratic procedures will cause the approval of the special working hours system to be revoked;
- Under a comprehensive calculated working hours system, the average number of overtime hours for each month must not exceed 36 hours; for physical labor positions at Level 3 and above, the maximum number of working hours each day (including normal working hours and overtime hours) must not exceed 11 hours and at least one day off should be taken each week.
- If a special working hours system is going to be applied to dispatched employees’ positions, the accepting entity, rather than the dispatching entity, should apply with the authority.
KWM Comment: The Measures require an employer to go through the democratic procedure to solicit employees’ opinions before implementing a special working hours system. Employers in Qingdao should pay attention to such requirements when applying for and implementing special working hour systems.