[Direct answer]In the Beijing area, there are generally no overtime pay or rest day overtime pay, but there is controversy over whether work on statutory holidays should be paid. For those who have been approved to implement flexible working hours, according to Article 13 of the "Interim Regulations on Wage Payment" (Labor Department Circular No. 489 [1994]), workers who implement flexible working hours do not comply with the provisions of the standard working hours system regarding the payment of 150% of the wage for extended working hours and 200% of the wage for rest days that cannot be compensated by rest days. That is to say, overtime pay and rest day overtime pay are generally not paid; but whether overtime pay should be paid for work on statutory holidays varies from place to place. In some regions, it is still required to pay overtime pay. The action plan is to first confirm the validity of the approval, and then claim overtime pay for statutory holidays in accordance with the local regulations.

I. Problem Background and Typical Scenarios

When hearing the term "flexible working hours," many people's first reaction is, "Does this mean there's no overtime pay?" The answer isn't straightforward: overtime pay for extended working hours and rest days usually doesn't apply, but the situation regarding statutory holidays varies from region to region, and the prerequisite are that the approvals must be genuine and valid. Understanding these differences is essential for accurately asserting one's rights.

II. Key points of contention

First, is there no overtime pay at all under the irregular working system? Second, what are the differences in the standards for overtime pay on statutory holidays across different regions? Third, how is overtime pay calculated when the approval is invalid or has expired? Fourth, are employers still required to guarantee rest and vacation? Fifth, who bears the burden of proof for overtime facts and overtime pay?

III. Professional analysis by Henglue Lawyers

The core of the irregular working hours system is that working hours are not fixed and difficult to measure according to standard working hours, so the law does not require overtime and rest-day overtime pay to be calculated according to standard working hours. According to Article 13 of the Interim Regulations on Wage Payment (Labor Department Circular [1994] No. 489), workers who are approved to implement the irregular working hours system are not subject to the provisions on overtime work and rest-day overtime pay. However, two points need to be noted: First, the prerequisite are that the approval is genuine and effective and covers the position. If the approval is missing, expired, or not applicable, overtime pay should still be calculated according to the standard working hours system. Second, there are different local regulations on overtime pay for work on statutory holidays. In some places, even if the irregular working hours system is implemented, overtime pay should still be paid for work on statutory holidays. When handling such disputes, Henglue Lawyers usually first verify the approval documents for the working hours system and their validity, and then judge the scope of claims for overtime pay on statutory holidays based on local regulations. At the same time, they remind clients that even if the standard working hours overtime pay does not apply, employers should still ensure that workers have reasonable rest and vacation time and may not extend working hours indefinitely on the grounds of irregular working hours. Regarding the proof of overtime work, attendance and scheduling records are held by employers, and refusal to provide them may lead to adverse consequences. Overtime hours recorded by workers themselves, messages in work groups, and delivered results can also be used as supporting evidence. In handling similar disputes in Beijing, the authenticity and coverage of the approval documents are reviewed in detail. In practice, many disputes ultimately focus on the question of "whether there is a valid approval".

IV. Practical suggestions and legal basis

Action List: 1. Confirm whether the irregular working hours system has been approved and is still in effect. 2. Determine whether overtime pay for statutory holidays can be claimed according to local regulations. 3. If the approval is invalid, calculate overtime, rest day, and statutory holiday overtime pay based on the standard working hours system. 4. Retain records of attendance, work schedules, work communication, and project deliverables. 5. For cases where rest and vacation rights are seriously infringed, assert corresponding rights and report the situation to labor supervision authorities. Main legal basis: - Article 13 of the "Provisional Regulations on Wage Payment" (Labor Ministry Document No. 489 [1994]); - Articles 39 and 44 of the "Labor Law of the People's Republic of China" (amended in 2018); - The "Measures for the Approval of Enterprises Implementing Irregular Working Hours Systems and Comprehensive Computation of Working Hours Systems" issued by the former Ministry of Labor (Labor Ministry Document No. 503 [1994]); - Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Three key points about irregular overtime pay: 1. Delayed overtime and overtime on rest days are generally not applicable. 2. Statutory holidays are subject to local regulations. 3. The prerequisite are whether there is valid approval. For cases involving labor arbitration and work-related injury compensation, please refer to the relevant channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution that can be integrated with the compliance of enterprise employment.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 implementation of compensation, please feel free to consult us.Creditor's rights and debts, and enforcementFor teams involved in personal injury cases related to work-related accidents, please feel free to consult us.Personal injury and medical disputesFor any questions or difficulties, please contact us via the column's contact information.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If we implement a flexible working hour system, will there be no overtime pay at all?

There are usually no overtime pay for delays and rest days, but the overtime pay for statutory holidays depends on the local regulations. If the approval is invalid or does not cover the position, the employee can still claim overtime pay according to the standard working hours system.

Q2: What evidence is needed to claim overtime pay on statutory holidays?

It is necessary to provide the nature and scope of materials such as holiday shift schedules or attendance records, work arrangement notifications, payroll records, and work hour approval documents, in order to determine which working hour rules apply.

Q3: Are these overtime pay disputes expensive to resolve?

Labor arbitration is free of charge, and the litigation fees in the suing stage are relatively low; the attorney's fees are negotiated according to the agreement, and those who are economically disadvantaged and meet the requirements can apply for legal aid.

Q4: How long does it take from arbitration to obtaining the final result?

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

Q5: The company allows me to work overtime for a long time under a flexible working schedule. What should I do?

Even if overtime pay is not applicable under standard working hours, the employer should still ensure reasonable rest and vacation for employees. Employees can first fix the evidence of overtime work, report it to the labor and social security supervision authority, and claim their rights regarding the validity of the approval process.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In the event of a dispute, please consult a practicing lawyer in time.