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Tuesday, September 29, 2026

A general introduction to employment law for hotel operators in China - Lexology

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Employment law

As a labour-intensive industry, the hospitality industry is always populated by employees with various professional skills, experiences and issues.

Unlike other industries, employees in the hospitality industry are required to work long and irregular hours. Most hotel staff work eight hour shifts, but many employees actually work up to 12 hours a day or overnight without proper overtime payments because hotels use a comprehensive or flexible working hours system that gives them greater flexibility and lower costs. Many front-line staff face challenges when clocking in overtime or extra shifts during holidays. Common cost management measures include the widespread use of student interns and agency workers, who are often paid less than the minimum wage and have no social insurance.

China's strict employee-friendly labour laws pose hurdles to such practices. Article 36 of the Labour Law provides that the state shall adopt a working hours system, where labourers work for no more than eight hours a day and no more than 44 hours a week on average. Article 38 of the Labour Law provides that the employing unit shall guarantee that its staff and workers have at least one day off in a week.

Lack of workplace protection is another significant issue in relation to employees' health and safety. Many hotels, whether budget hotels or luxury hotels, have minimum protection provided to their employees. Though many have a magnificent lobby and gorgeous dining...



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