Notice on implementation of the flexible working system and comprehensive working-hours working system by the enterprises registered in China (Shanghai) Free Trade Zone
The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.
I. Operation Basis
Labor Law of the People’s Republic of China, Notice on Printing and Issuing the Measures for Approval of the Flexible Working System and Comprehensive Working-Hours Working System, Notice on Printing and Issuing the Instructions on Numerous Questions concerning the Implementation of the Measures for Approval of the Flexible Working System and Comprehensive Working-Hours Working System, and the Measures for Approval of the Implementation of Flexible Working System and Comprehensive Working-Hours Working System for Local Enterprises
II. Scope of Application
If one of the following is satisfied, the flexible working system can be implemented:
1. Employees who are officers, field personnel, promotion personnel, some on-shift personnel and other staff for whom the standard working-hours system cannot be implemented
2. Employees who are long-distance transportation personnel, taxi drivers, and some loaders at the railway station, port and warehouse, and those for whom the vehicle working is required due to special working nature
3. Fire fighting and aid personnel on shift, and drivers on shift, etc.
4. Other employees for whom the flexible working system is suitable due to the production features and special needs or their scope of responsibilities
If one of the following conditions is met, the comprehensive working-hours working system can be implemented:
1. Employees subject to continuous operation due to special job nature in such industries as transport, railway, post and telecommunication, water transportation, airline, fisheries, etc.
2. Some employees subject to seasonal and natural conditions restrictions in industries like geological and resource surveying, building, salt making, sugar making, traveling, etc.
3. Service personnel of the foods processing units of fruits and vegetables having obvious slack and busy seasons due to seasonal restrictions, and the clothes manufacturers and the restaurant and entertainment place of a hotel, etc.
4. Some employees with unbalanced assignments due to external factors in the market competition
5. Employees for whom the comprehensive working-hours working system is suitable
III. Required Materials
The enterprise implementing the flexible working system and comprehensive working-hours working system shall provide the following materials (stamped):
1. Complete the Application for Implementation of the Flexible Working System and Comprehensive Working-Hours Working System for the Employees in Shanghai, which can be downloaded from the website of the China (Shanghai) Free Trade Zone (http://www.ysftpa.gov.cn) or the Governmental Affairs website of ShangHai Municipal Human Resources and Social Security Bureau (www.12333sh.gov.cn)
2. Photocopy of the duplicate of the Business License and the Organizational Code Certificate
3. Plan on working and rest arrangements for employees after implementation of the flexible working system or comprehensive working-hours working system
4. Other materials like name list of employees, attendance records, etc. relating to the flexible working system or comprehensive working-hours working system
Upon expiration of the effective term of the reply, if the enterprises need to continue implementing the flexible working system or comprehensive working-hours working system, when an application is filed again, in addition to submission of the application materials according to the initial application regulations, it is also required to submit the instructions on implementation of the flexible working system or comprehensive working-hours working system according to the original reply and the photocopy of the original reply.
IV. Application Process
V. Application Location and Contact InformationVI. Complaint Mode
General Service Hall, 1/F, 9 Jilong Road, Pudong New Area, Shanghai
Post Code: 200131
Contact Tel.: +86-21-58696817
Mode of Complaint to the Management Committee of the China (Shanghai) Pilot Free Trade Zone
Provided by Lawyers Working Committee of Pudong New Area