This analysis examines the increase and complexity of disputes concerning workers' rest and leave rights in China, based on a Beijing People's Court report, discussing the current state and challenges of work style reform.
Key Points
1. Rapid Increase and Reality of Rest and Leave Rights Disputes
- Among 11,440 labor disputes heard by Beijing Third Intermediate People's Court from 2022-2024, 4,942 cases (43.2%) were related to rest and leave rights
- Statutory annual paid leave: 3,479 cases (70.4%), overtime pay: 1,740 cases (35.2%), sick leave: 227 cases (4.6%)
- 88.6% of lawsuits concentrated among general staff (factory workers, drivers, sales, accounting, etc.)
- Rest and leave disputes increasing among managers and highly specialized professionals in recent years
2. Normalization of "Hidden Overtime"
- Expansion of "hidden overtime" through work communications using online tools and SNS (WeChat, etc.)
- Blurring boundaries between work and private life, fragmentation of rest time
- 598 cases (12.1%) of restrictions on leave rights based on employer rules
- 421 cases (8.5%) of unreasonable refusal of leave applications, 390 cases (7.9%) of contract termination due to taking leave
3. Government Promotion of Work Style Reform
- July 2024 Central Political Bureau meeting presented policy to "prevent involution-type malicious competition"
- March 2025 announcement of "Special Action Plan for Consumption Promotion," prioritizing rest and leave rights
- Clear requirements for companies to reduce inefficient and redundant work
- Positioning improvement of harsh overtime due to malicious competition as important policy issue
4. Major Company Response Cases
- Midea Group: Announced "6 Prohibitions," banning overtime after 6:20 PM
- DJI: Started "Overtime Prohibition Campaign," limiting overtime to 9 PM
- Haier: Introduced complete two-day weekend system, banned Saturday work, limited weekday overtime to 3 hours per day
- However, reality shows many are handling work by "taking it home"
5. Overtime Reality Survey Results
- "Almost daily overtime" 38.7%, "2-3 times per week" 21.9%, about 70% regularly work overtime (Zhaopin survey)
- Overtime causes: "Excessive workload" 50.1%, "Emergency projects" 46.1%, "Sudden instructions from superiors" 36.3%
- 40.1% are "almost always on-call 24/7," 49.6% among middle managers
- Overtime compensation: "No payment at all" 30.0%, only 26.5% receive "specific compensation"
The article concludes that despite work style reform efforts by the government and major companies, fundamental solutions remain elusive due to the increase in "hidden overtime" and taking work home.