Question: There is a RMB 1,000.00 gap between the basic salary on the Labor Contract and the actual amount that I receive. Therefore, when calculating an overtime payment, which figure should be adopted?

Answer: The calculation of the overtime payment shall be based on the salary set down in the labor contract. If the salary standard of the collective labor contract is higher than that on the labor contract, then the overtime salary shall be based on this salary. If there is no agreement between the employer and employee, then the base figure shall be 70% of the normal salary that the employee receives if he/she has full attendance. Whichever base figure the employer adopts, it shall be no less than the minimum salary in Shanghai.