There is no clear legal definition of whether working on a rest day qualifies as overtime or on-call duty. Typically, completing tasks is classified as overtime, while performing non-productive, temporary work may be considered on-call duty.

Overtime and on-call duty differ in the following ways:

Work content and tasks: Although both overtime and on-call duty involve responsibilities outside of regular working hours, overtime occurs when an employee continues to perform their regular duties at their usual position during non-working hours due to the operational needs of the company. In contrast, an employee on call takes on non-productive and non-primary tasks during non-working hours, usually due to special circumstances.

Governing laws and regulations: Overtime is ruled by relevant laws such as the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China. In contrast, there are currently no clear legal regulations governing on-call duty.

Payment: Overtime pay is clearly stipulated by relevant laws and regulations such as the Labor Law of the People's Republic of China and the Payment of Wages Tentative Provisions. The calculation of overtime pay involves factors including the working hours system, payment standards, actual working time, and wage standards. Employers are required to maintain written records of the amount, items, time, and the employee's name when paying wages to employees, and must retain attendance records for at least two years for reference. In contrast, there are no specific legal regulations for pay regarding on-call duty; it is generally governed by the internal rules and regulations established by the employer.

Duration: The duration of overtime is regulated by the Labor Law of the People's Republic of China, which generally limits it to a maximum of one hour per day. In special circumstances that necessitate extended working hours, the daily limit must not exceed three hours while ensuring the health of the employee, with a maximum of 36 hours allowed per month. In contrast, there are no specific regulations governing the duration of on-call duty.

The 2016 meeting minutes of the Shanghai High People's Court on several issues related to labor dispute resolution clarify that employee requests for overtime pay in the following situations will not be supported:

I. Employees are assigned temporary or scheduled duty by the company for safety, fire prevention, holidays, or other needs, which are unrelated to their primary job responsibilities.

II. Employees are assigned on-call tasks related to their primary job, but they are allowed to rest during the duty period.

Source: Official WeChat account of the Shanghai Municipal Bureau of Human Resources and Social Security