As a new employee in Shanghai, you may have questions about leave policies, such as:

- Which holidays apply to employees?

- Are new hires entitled to annual leave in their first year?

- Are weekends included in annual leave?

- Are employees on irregular working hours entitled to annual leave?

- Are there make-up days if specific holidays for specific groups fall on a weekend?

Here are the answers from the Shanghai Municipal Human Resources and Social Security Bureau for these frequently asked questions.

1. Which holidays apply to employees in Shanghai?

David, a new graduate, started working at a chemical company in November 2025. Last month, he came across an article about the 2026 overtime pay calendar for statutory holidays, which included statutory holidays and overtime pay rules for the upcoming year. Excited about the nine-day Spring Festival break in 2026, he wondered which holidays apply to all employees?

(1) Public holidays for all employees:

- New Year's Day:

Three days off: Jan 1 (Thursday) to Jan 3 (Saturday)

Workday: Jan 4 (Sunday)

- Spring Festival:

Nine days off: Feb 15 (Sunday) to Feb 23 (7th day of Chinese New Year, Monday)

Workdays: Feb14 (Saturday), Feb 28 (Saturday)

- Qingming Festival:

Three days off: April 4 (Saturday) to April 6 (Monday)

- China's Labor Day:

Five days off: May 1 (Friday) to May 5 (Tuesday)

Workday: May 9 (Saturday)

- Dragon Boat Festival:

Three days off: June 19 (Friday) to June 21 (Sunday)

- Mid-Autumn Festival:

Three days off: Sept 25 (Friday) to Sept 27 (Sunday)

- National Day:

Seven days off: Oct 1 (Thursday) to Oct 7 (Wednesday)

Workdays: Sept 20 (Sunday), Oct 10 (Saturday)

(2) Annual leave system:

Employees who have worked continuously for more than 12 months are entitled to paid annual leave, based on their cumulative work experience.

(3) Other statutory leaves:

- Marriage leave, bereavement leave, and parental leave

- Maternity leave for female employees

- Paternity leave for male employees

These types of leave are granted upon meeting specific eligibility criteria.

2. Are new hires entitled to annual leave in their first year?

Case:

Nancy, a new university graduate, started working at a cosmetics company in September. As the year ended, she planned to take two days of annual leave to visit her family during the New Year Holiday. However, the company informed her that employees who have not completed 12 consecutive months of employment are not eligible for paid annual leave, and any leave taken would be considered unpaid personal leave. Does Nancy have paid annual leave in her first year?

Answer:

No. To be eligible for paid annual leave, an employee must have completed at least one year of continuous work experience. As Nancy has not met this requirement, she is not eligible to paid annual leave yet until her second year in the company..

Annual leave entitlement is calculated as follows (fractions of less than one full day are not counted):

(Remaining calendar days in the year at the company ÷ 365 days) × Total annual leave days entitled for the year

For example, if Nancy starts work on Sept 1, 2025, and completes one year of service on Aug 31, 2026, her entitlement for 2026 will be pro-rated. After Aug 31,2026, there will be 122 calendar days left in the year, and Nancy is entitled to five annual leave days for the whole year. Based on the calculation:

(122 ÷ 365) × 5 = 1.67 days, which should be rounded down to one day of annual leave for 2026.

 

3. Are weekends included in annual leave days?

Case:

Mike, a recent university graduate, joined a catering company. In the company's policies, he noticed a clause stating: "Annual leave includes weekends." This confused him, as weekends are already rest days. Are weekends included in annual leave?

Answer:

No. Regular weekends are not included in annual leave. According to the Regulations on Paid Annual Leave for Employees:

• Employees who have worked for one to 10 years are entitled to five days of annual leave.
• Employees who have worked for 10 to 20 years are entitled to 10 days of annual leave.
• Employees who have worked for more than 20 years are entitled to 15 days of annual leave.

Statutory holidays and rest days, including weekends, are not counted as part of annual leave. Therefore, the company's practice lacks legal basis.

Other leaves not counted as annual leave:

According to the Regulations on Paid Annual Leave for Employees, statutory leaves such as family visit leave, marriage leave, bereavement leave, maternity leave, and work-related injury leave do not count as part of annual leave.

4. Are employees on irregular working hours entitled to annual leave?

Case:

Edward recently joined a clothing company as a salesperson. During onboarding, the company informed him that his role operates under an irregular working hours system, and, according to the company's policy, employees in such roles are not entitled to annual leave. Is the company's statement correct?

Answer:

Incorrect. The irregular working hours system is not included among the following circumstances; therefore, Edward remains entitled to annual leave.

According to the Regulations on Paid Annual Leave for Employees, employees are not entitled to annual leave in the current year under any of the following circumstances:

• Employees who are entitled to statutory winter or summer vacation, and the duration of such vacation exceeds the annual leave entitlement.
• Employees who have taken personal leave for a cumulative total of 20 days or more, and the employer has not deducted their wages in accordance with regulations.
• Employees with cumulative work experience of one to 10 years who have taken sick leave for a cumulative total of more than two months.
• Employees with cumulative work experience of 10 to 20 years, who have taken sick leave for a cumulative total of more than three months.
• Employees with cumulative work experience of more than 20 years, who have taken sick leave for a cumulative total of more than four months.

In addition, Chinese labor laws and regulations require employers to ensure that employees with irregular or comprehensive working hours have sufficient rest periods and leave rights. This could include concentrated work and rest periods, shift adjustments, or flexible working hours based on employee needs and health.

In summary, employees on irregular working hours cannot be denied annual leave. As long as they meet the eligibility criteria, they are entitled to take it.

 

5. Are there make-up days if a holiday falls on a weekend?

Case:

Jane worked in an information technology company. He noticed that Women's Day falls on a Sunday and China's Youth Day, which falls on May 4, coincides with China's Labor Day holiday. Are there make-up days for these holidays if they fall on weekends?

Answer:

No. According to the latest national holiday arrangements, holidays for specific groups of employees include:

- Women's Day (March 8): Half-day leave for women

- China's Youth Day (May 4): Half-day leave for youth aged between 14 to 28

If these holidays fall on a weekend, no make-up days are provided.

 

We hope this guide answers your questions and helps you make the most of your career in Shanghai.

 

Source: Shanghai Municipal Human Resources and Social Security Bureau