[Direct answer]It is necessary. Where an enterprise cannot implement the standard working hour system due to its production characteristics, it may implement the irregular working hour system or the comprehensive calculation of working hours, but it must be approved by the labor administrative department. According to the "Approval Methods for Enterprises to Implement the Irregular Working Hour System and the Comprehensive Calculation of Working Hours" issued by the former Ministry of Labor (Labor Department Notice [1994] No. 503), enterprises implementing the above-mentioned working hour systems shall go through the approval procedures. Where the irregular working hour system is implemented without approval, it shall generally be handled in accordance with the standard working hour system. If the worker claims overtime pay, the employer may bear corresponding responsibilities. The focus of the action is to verify whether the employing unit holds valid working hour approval documents.

I. Problem Background and Typical Scenarios

For positions such as sales, executives, field staff, and drivers, companies often inform them that they implement a "flexible working hour system", so there is no overtime pay. However, "flexible working hours" cannot be self-proclaimed by enterprises. It requires the approval of the labor administrative department. If companies manage their employees according to the flexible working hour system without the necessary approval documents, this often leads to disputes over overtime pay.

II. Key points of contention

First, the statutory approval requirements and scope of the irregular working hours system. Second, the legal consequences of implementing the irregular working hours system without approval. Third, whether the scope of approval applies to specific positions and workers. Fourth, how to ensure the continuity of the working hours system after a position change. Fifth, the effectiveness of employers replacing the approval process with internal regulations.

III. Professional analysis by Henglue Law Firm

The changes to the working hours system constitute an important aspect of labor conditions, and the law stipulates an administrative pre-approval procedure. According to the "Measures for the Approval of Enterprises Implementing Flexible Working Hours and Comprehensive Calculation of Working Hours" (Labor Ministry Notice [1994] No. 503), enterprises meeting the requirements may implement flexible working hours or comprehensive calculation of working hours systems, but they must obtain approval from the labor administrative department. Such approval is typically specific to certain positions and periods, and is subject to a validity period. Once the validity expires, the approval process must be renewed. Internal company rules, labor contracts, or verbal notifications cannot substitute for administrative approval. When handling overtime pay disputes, Henglue Lawyers typically first verify whether there are valid approval documents for the working hours system and their scope of application. If the approval is missing, expired, or does not cover the disputed positions, overtime pay should be calculated based on the standard working hours system, and the employer's defense of "flexible working hours" will likely be difficult to substantiate. Secondly, they review actual implementation: even with approval in place, whether the employer's arrangements for rest and vacation are reasonable and protect workers' health will also affect the court's determination of the working hours arrangement. Thirdly, they examine evidence: attendance records, shift schedules, clock-in data, and wage components form the basis for calculating overtime pay. The employer bears the burden of proof to provide attendance records, and refusal to do so may result in adverse consequences. It should be noted that the approval authority and conditions for flexible working hours vary slightly across different regions. When applying these measures, it is necessary to refer to local regulations and pay attention to whether the approval documents impose position or time restrictions.

IV. Practical suggestions and legal basis

Action List: 1. Require the employer to present the approval document for the working hour system, and verify the approved positions and their validity period. 2. Compare whether your position is within the scope of the approval. 3. Retain attendance, shift scheduling, and wage records to provide a basis for calculating overtime pay. 4. If the approval is missing or expired, claim overtime pay in accordance with the standard working hour system. 5. Pay attention to the differences in local approval conditions and authority. Main legal basis: - The Ministry of Labor's "Approval Methods for Enterprises to Implement Flexible Working Hours and Comprehensive Calculation of Working Hours" (Labor Ministry Document No. 503 [1994]); - Article 39 of the "Labor Law of the People's Republic of China" (amended in 2018); - "Interim Regulations on Wage Payment" (Labor Ministry Document No. 489 [1994]); - Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Three sentences on irregular approval: Irregular approval is not self-declared by the enterprise, but must be approved by the labor administrative department; the approval depends on the position and the validity period; if there is no approval, overtime pay shall be calculated according to the standard working hours. For matters involving labor arbitration and work-related injury compensation, you can go through the relevant procedures.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution that can be integrated with corporate employment compliance.Intellectual property and corporate lawFor the clauses related to the contract, you can refer to the following document for reference.Business and contract disputes in enterprisesFor any questions regarding the execution of compensation, please feel free to consult us.Creditor's rights and debts, and enforcementFor teams involved in personal injury cases related to work accidents, please feel free to contact us for further information.Personal injury and medical disputesFor any questions or difficulties, please contact us via the column.Special servicesTeam.

VI. Frequently Asked Questions

Q1: The company said that our position operates on a flexible work schedule. Do we need to get approval for this?

It is necessary. The implementation of a flexible working hours system shall be subject to the approval of the labor administrative department, and the approval is usually limited to specific positions and periods. If there is no approval document, it shall generally be handled in accordance with the standard working hours system.

Q2: What evidence is needed to claim overtime pay?

It is necessary to provide the labor contract, the composition of the salary, and the attendance and scheduling records; the attendance records are held by the employing unit, and the unit shall bear the adverse consequences if it refuses to provide them. In addition, the work communication and delivery records can be submitted as supporting evidence.

Q3: How much does it cost to verify, approve, and protect rights?

Labor arbitration is free of charge, and the litigation fees in the suing stage are relatively low; inquiring about and approving information generally does not incur fees, and the fees for hiring a lawyer are negotiated according to the agreement. Those who meet the requirements can apply for legal aid.

Q4: How long does it usually take to resolve a dispute over overtime pay?

Labor arbitration generally makes a ruling within 45 days after accepting the case, and the time limit may be extended with approval for complex cases. If the party concerned is not satisfied with the ruling and files a lawsuit, the case will proceed through the first-instance and second-instance trial process.

Q5: If the company's approval has expired, can it still be calculated as irregular working hours?

Generally, this is not allowed. If the approval has expired or does not cover the disputed position, the overtime pay should be calculated according to the standard working hours system. It is recommended to keep the approval documents of the position and the validity information as evidence.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudicative opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.