国务院关于职工工作时间的规定

国务院令第174号
（Adopted by the Eighth Plenary Meeting of the State Council on February 17， 1995， promulgated¹ by Decree No. 174 of the State Council of the People's Republic of China on March 25， 1995 and effective as of May 1， 1995）
颁布日期：19950325 　实施日期：19950501 　颁布单位：国务院

　　The State Council has decided² to amend³ the “Provisions of the State Council on Working Hours of Workers and Staff” as follows：

　　1. Article 3 shall be amended⁴ as： “Workers and staff shall work 8 hours a day and 40 hours a week.”

　　2. Article 5 shall be amended as： “When the standard working hour system of 8 hours a day and 40 hours a week is inapplicable due to the special working situation or production nature， other rules may be adopted on working hours and holidays according to the relevant provisions of the State.”

　　3. Article 7 shall be amended as： “All state organs and institutional organizations shall institute a unified⁵ working hour system under which Saturday and Sunday shall be arranged as weekly holidays.

　　Enterprises and institutional organizations that cannot institute the unified working hours prescribed in the preceding paragraph may make flexible arrangements for weekly holidays in the light of their actual conditions.“

　　4. Article 9 shall be amended as： “These Provisions shall enter into effect on May 1， 1995. In cases when it is difficult for enterprises and institutional organizations to implement⁶ these Provisions as of the said date， they may be given an appropriate period of deferment⁷， but at latest on January 1， 1996 for such institutional organizations， or on May 1， 1997 for such enterprises， the implementation⁸ of these Provisions shall commence.”

　　The “Provisions of the State Council on Working Hours of Workers and Staff” shall be republished after being correspondingly amended according to this Decision. Prior to the implementation of this Decision， the “Provisions of The State Council on Working Hours of Workers and Staff” promulgated by the State Council on February 3， 1994， and enforced as of March 1， 1994， shall still hold effective.

　　Appendix： PROVISIONS OF THE STATE COUNCIL ON WORKING HOURS OF WORKERS AND STAFF

　　（promulgated by Decree No. 146 of the State Council of the People's Republic of China on February 3， 1994， and revised in accordance with the “Decision of the State Council on Revising the Provisions of the State Council on Working Hours of Workers and Staff” promulgated on March 25， 1995）

　　Article 1 These Provisions are formulated⁹ pursuant to the provisions of the Constitution of the People's Republic of China for the purposes of rational disposition¹⁰ of working hours and holidays of workers and staff， maintaining their right to rest， mobilizing their working initiative， improving the development of socialist¹¹ modernization¹² construction.

　　Article 2 These Provisions shall be applicable to workers and staff engaged in all state organs， social organizations， enterprises， institutional organizations and other organizations within the territory of the People's Republic of China.

　　Article 3 Workers and staff shall work 8 hours a day and 40 hours a week.

　　Article 4 Workers and staff who are under special working conditions or have special situation and need the working hours to be shortened reasonably shall implement the relevant provisions of the State.

　　Article 5 When the standard working hour system of 8 hours a day and 40 hours a week is inapplicable due to the special working situation or production nature， other rules may be adopted on working hours and holidays according to the relevant provisions of the State.

　　Article 6 No unit or individual shall extend the working hours of their workers and staff without authorization¹³. When the working hours are necessary to extend for the purpose of special case or emergent assignment， it shall be implemented¹⁴ according to the relevant provisions of the State.

　　Article 7 All state organs and institutional organizations shall institute a unified working hour system under which Saturday and Sunday shall be arranged as weekly holidays.

　　Enterprises and institutional organizations that cannot institute the unified working hours prescribed in the preceding paragraph may make flexible arrangements for weekly holidays in the light of their actual conditions.

　　Article 8 The Ministry¹⁵ of Labour and the Ministry of Personnel shall be responsible for the interpretation¹⁶ of these Provisions. The implementation measures shall be formulated by the Ministry of Labour and the Ministry of Personnel.

　　Article 9 These Provisions shall enter into effect on May 1， 1995. In cases when it is difficult for enterprises and institutional organizations to implement these Provisions as of the said date， they may be given an appropriate period of deferment， but at latest on January 1， 1996 for such institutional organizations， or on May 1， 1997 for such enterprises， the implementation of these Provisions shall commence.