Measures of the Ministry of Labor on the approval of enterprises implementing irregular working hours system and comprehensive working hours system

Article 1 These Measures are formulated in accordance with the provisions of Article 39 of the Labor Law of the People's Republic of China.
Article 2 These Measures apply to enterprises within the territory of the People's Republic of China.
Article 3 If an enterprise cannot implement the provisions of Articles 36 and 38 of the Labor Law of the People's Republic of China due to its production characteristics, it may implement other work and rest methods such as an irregular working time system or a comprehensive working hours system.
Article 4 An enterprise may implement an irregular working hours system for employees who meet any of the following conditions.
(1) Senior managers, field staff, sales staff, some on-duty staff and other employees in an enterprise whose work cannot be measured according to standard working hours;
(2) Long-distance transport personnel, taxi drivers, some loading and unloading personnel at railways, ports and warehouses, and employees who need to work flexibly due to the special nature of their work;
(3) Other employees who are suitable for flexible working hours due to production characteristics, special work needs or scope of responsibilities.
Article 5 An enterprise may implement a comprehensive working hours system for employees who meet any of the following conditions, that is, to calculate working hours comprehensively based on weeks, months, quarters, years, etc., but their average daily working hours and average weekly working hours should be basically the same as the statutory standard working hours.
(1) Employees in the transportation, railway, post and telecommunications, water transport, aviation, fishery and other industries who need to work continuously due to the special nature of their work;
(2) Some employees in industries such as geology and resource exploration, construction, salt making, sugar making, and tourism that are restricted by seasonal and natural conditions;
(3) Other employees who are suitable for the implementation of the comprehensive working hours system.
Article 6 For employees who implement other work and rest methods such as irregular working hours and comprehensive working hours, enterprises should, in accordance with the relevant provisions of Chapter 1 and Chapter 4 of the Labor Law of the People's Republic of China, ensure the health of employees and fully listen to the opinions of employees, adopt appropriate methods such as centralized work, centralized rest, rotating rest, flexible working hours, etc. to ensure the employees' right to rest and vacation and the completion of production and work tasks.
Article 7 If enterprises directly under the Central Government implement irregular working hours, comprehensive working hours calculation system or other work and rest methods, they shall be reviewed by the industry competent department of the State Council and reported to the labor administrative department of the State Council for approval.

The approval procedures for local enterprises to implement irregular working hours, comprehensive working hours calculation system and other work and rest methods shall be formulated by the labor administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and submitted to the labor administrative department of the State Council for the record.
Article 8 These Measures shall come into force on January 1, 1995.