Asked by: Manufacturing HR
Must the leave-in-lieu of the worker who works overtime on day-off be completed within a payment period? Does the company have the right to limit the deadline of the leave-in-lieu?
Answered by: RDL·Shanghai Attorney Zhang
At present, none of the Labor Law, the Reply to Issues concerning Employee Working Hours and other related labor laws and regulations have explicitly stipulated how should the worker leave in lieu and the time-limit of the leave-in-lieu.
In principle, employers can make provisions based on their own production and operation conditions. However, to avoid controversy on this matter, it is recommended that employers should negotiate with employees on the issue of regulating the time-limit of leave-in-lieu and retain the evidence of employee's consent.