Can I ask the company to pay overtime for working overtime at home?

  A Review of Zhen Qianlong's Case

  Li joined a technology company as director of short video operations in April 2020. One month later, the company terminated the labor relationship with Li on the grounds that he did not meet the employment conditions during the probationary period. Li asked the company to pay economic compensation and Overtime pay.

The company proposed that Li did things unrelated to his own job during working hours and workplaces, so he did not meet the employment conditions.

However, the company failed to provide sufficient evidence to support this claim.

Li believes that he has worked overtime at home, but the company does not recognize it, saying that according to the company's system, overtime work needs to apply for approval, and the company does not need to pay overtime for unapproved overtime work.

The court finally found that the technology company's act of rescinding the labor contract was illegal, and that Li worked overtime, and the company should pay economic compensation and overtime pay.

  Judge's interpretation

  With the development of the economy and the advancement of Internet technology, the working mode of laborers has become more and more flexible, and they can provide labor anytime and anywhere through computers and mobile phones, and are no longer bound by the workplace and office positions provided by the employer. The overtime work of the employer in the workplace of the employer obviously damages the legitimate rights and interests of the employee.

  In this case, Li served as the director of short video operations, and submitted a WeChat record with the company's legal representative to prove the overtime claim. It can be seen that Li's work includes scheme design, video shooting, personnel selection, etc. On the other hand, after the company leader issued an instruction to him, he needed to respond to the design plan, work requirements, and plan improvement in a short period of time. Therefore, his work was obviously arranged and instructed by the company. It should be determined that Li worked overtime, and the company should report to the company. It pays overtime.

  Article 42 of the Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Labor Dispute Cases (1) stipulates that if a worker claims overtime pay, he shall bear the burden of proving the existence of the fact of overtime.

Therefore, workers should pay attention to their legitimate rights and interests in their daily work, and pay attention to keeping attendance records, overtime approval forms, overtime notices, WeChat and email records for overtime communication and other materials, so as to avoid unfavorable proof in case of disputes and lead to their own legitimate rights and interests damaged condition.

  (Author: Beijing No. 1 Intermediate People's Court)