Holiday schedule violates labor law: lawyer

Worried the central government may be breaking its own labor law, a lawyer sent a letter to the General Office of the State Council claiming that the newly released schedule of public holidays requires employees to work too many consecutive days and next year's vacation periods needs to be revised.

Throughout the year there are just 11 statutory holidays but the government's schedule provides 29 days of holidays. This is achieved by re-jigging a workweek which requires employees to work weekends before or after a statutory holiday. The government's holiday schedule also includes six weekend days among the 29 holidays.

To get three consecutive days off to celebrate next year's May Day, or International Labor Day, employees will be required to work seven consecutive days including the weekend prior to the holiday Monday. Workers will also have to work seven days in a row prior to the Dragon Boat Festival.　

The Hebei-based lawyer, Han Fuzheng, said in his letter that the schedule will put employers in breach of China's labor law, which requires them to provide employees at least one day off per week.

Han told the Global Times that the General Office received his letter Friday afternoon but had not replied as of late Monday.

China's labor law allows employers to prolong the work hours under only a few special situations including emergencies such as natural disaster or public infrastructure repairs. The employer needs to negotiate with the employees to ensure their health is maintained and overtime should not exceed 36 hours per month.

The 2013 holiday schedule drew heated discussion from both the public and private sector.

An employee surnamed Zhang from China Post told the Global Times Monday that her colleagues were complaining that an extra long workweek will kill the joy of a holiday.

A local bank employee in Chengdu, Sichuan Province surnamed Sui said the long work week is especially hard on employees in the service industry.

Working overtime beyond what regulations allow is pervasive in China. Han told the Global Times that workers' acquiescence, employers' negligence, and poor supervision from related authorities are to blame.