[Direct answer]In the Beijing area, enterprises' defenses should focus on two aspects: facts and legal systems, rather than simply denying everything. Article 44 of the Labor Law of the People's Republic of China (amended on December 29, 2018) stipulates the overtime wage standards under three circumstances: extending working hours, arranging work on rest days without providing compensatory rest, and arranging work on statutory holidays. Article 6 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008) stipulates that if the evidence related to the dispute is in the employer's possession and management, the employer shall provide it; if not, the employer shall bear adverse consequences. Therefore, the focus of the enterprise's defense includes: whether the worker's position implements a non-fixed working hours system or a comprehensive calculation of working hours and has been approved in accordance with the law; whether there are overtime facts and overtime approval records; whether the attendance and wage records are complete; whether the wage structure already includes corresponding compensation; and whether the arbitration statute of limitations has passed. The defense should be based on true and complete evidence, and it is strictly prohibited to forge or destroy attendance records.

1. Problem background and typical scenarios

After an employee resigns, claiming overtime pay is a common type of labor dispute in enterprises. Typical situations include: employees infer overtime based on messages in work groups or email times; claiming that overtime on rest days and statutory holidays has not been paid; enterprises implementing irregular working hours without approval; attendance records being solely controlled by the enterprise and being incomplete; and pay slips not distinguishing between normal wages and overtime wages. In labor dispute arbitration and litigation in the Beijing area, the allocation of the burden of proof for overtime facts and the authenticity of attendance records are often the focus of disputes.

II. Key points of contention

First, whether the overtime claimed by the worker actually occurred and how the burden of proof is allocated. Second, whether the irregular working hours system and the comprehensive calculation of working hours system have been approved in accordance with the law. Third, the integrity and authenticity of the attendance and overtime approval records. Fourth, whether the overtime compensation has been included in the wage structure. Fifth, how to determine the calculation base and multiplier for overtime pay. Sixth, the commencement and defense of the arbitration statute of limitations. The employer should prepare evidence for each of the above disputes in turn, and avoid making general denials only.

III. Professional analysis by Henglue Lawyers

From the practical experience of handling labor dispute cases by Henglue Lawyers, the defense against overtime pay claims by enterprises can be carried out from four aspects. First, the defense of working hour system. For senior managers, field and sales positions, if they apply for and are approved by the human resources and social security department to implement the irregular working hour system according to law, they can avoid applying the overtime pay rules for extended working hours; but if there is only a system agreement without approval, it is usually difficult to obtain support, so enterprises should check the validity period and the positions covered by the approval documents. Second, the defense of facts. For indirect evidence such as work group messages, emails, and ride-hailing records submitted by workers, enterprises can use shift schedules, overtime approval forms, access control and attendance system data, and project progress records to demonstrate their normal working hour arrangements; for claims inferring overtime based on communication time, they can respond according to the nature of the work tasks. Third, the defense of burden of proof. According to Article 6 of the "Mediation and Arbitration Law of the People's Republic of China for Labor Disputes", the evidence related to the disputed matters shall be provided by the employing unit if it is within the control and management of the employing unit; therefore, enterprises should provide attendance and wage records truthfully. If there are indeed deficiencies, they should explain the reasons and reconstruct the facts with other evidence, and avoid forging or deleting records. Fourth, the defense of calculation. Review whether the calculation basis of overtime pay complies with legal provisions and contract agreements, whether there is double calculation or payment in other forms, and check whether the arbitration statute of limitations has passed. In the arbitration and trial practice in Beijing, the authenticity of attendance records and the approval situation of the working hour system often directly affect the effectiveness of the defense.

IV. Practical suggestions and legal basis

Action list: Firstly, check whether the working hour system applicable to the position and the approval documents are valid; Secondly, standardize the attendance and overtime approval processes to avoid relying solely on single system data; Thirdly, improve the wage structure and clarify the payment guidelines for normal wages and overtime wages; Fourthly, provide accurate evidence of attendance and wages in case of disputes; Fifthly, respond to claims of overtime based on communication time by referring to the project schedule and work records; Sixthly, pay attention to the statute of limitations for arbitration and raise defenses in a timely manner. For matters involving labor arbitration and work-related injury compensation, refer to the relevant provisions.Labor arbitration and work-related injury compensation; For reference, you can refer to the management of corporate contracts and systemsBusiness and contract disputes in enterprisesFor matters related to corporate law and employment compliance, you may refer to the following resources for reference:Intellectual property protection and corporate lawLegal basis: Article 44 of the Labor Law of the People's Republic of China (amended on December 29, 2018), Articles 6 and 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008), and the relevant provisions of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the defense should be based on authentic and complete evidence, and the risk of forging or destroying attendance records is extremely high. Secondly, the irregular working system needs to be approved in accordance with the law, and it's difficult to refute overtime pay claims with just system provisions. Thirdly, attendance and wage records are evidence controlled and managed by the company, and refusing to provide them may lead to adverse consequences. Fourthly, the calculation basis of overtime pay and the circumstances of payment should be verified item by item to avoid double counting. Fifthly, the arbitration statute of limitations is an important defense point, and it should be raised in a timely manner. For labor arbitration cases, you can consult a professional labor arbitration lawyer for advice.Labor arbitration and work-related injury compensationYou will receive a comprehensive solution for your services, which can be integrated with corporate compliance requirements.Business and contract disputes in enterprisesRegarding the construction of the employment system, we can combine it with other relevant policies and measures.Intellectual property protection and corporate lawComprehensive judgment.

VI. Frequently Asked Questions

Q1: If an employee demands overtime pay, how can the company defend itself against such claims?

It can be carried out from four aspects: First, the working hour system. Check whether the position has been approved to implement a flexible working hour system or a comprehensive calculation of working hours; Second, the factual level. Respond to overtime claims with working hour arrangements, shift schedules, overtime approval forms, and project records; Third, the evidentiary level. Provide the attendance and wage records managed by the enterprise truthfully, and cannot forge or refuse to provide them; Fourth, the calculation level. Check the calculation basis and multiplier of overtime wages and whether they have been paid. The defense should focus on evidence and legal application, avoid making general denials, and, if necessary, entrust professional lawyers to evaluate it.

Q2: Can employers not pay overtime wages under a flexible working hours system?

The prerequisites must be met. Where an employer implements a non-fixed working hours system or a comprehensive calculation of working hours system for positions that meet the relevant requirements, it shall be subject to the approval of the human resources and social security department and be implemented in accordance with the approved positions and timeframes. Where approval is granted to implement a non-fixed working hours system, the overtime pay rules for extended working hours generally do not apply. However, if work is arranged on statutory holidays, overtime pay shall still be paid in accordance with the law. If only internal regulations are in place without approval, or if the approved positions do not match the actual positions, it will often be difficult for the enterprise to obtain support when making such a defense.

Q3: Who is responsible for providing evidence of overtime work?

In principle, the party claiming overtime work should bear the burden of proof for the existence of overtime work. However, according to Article 6 of the Mediation and Arbitration Law of the People's Republic of China on Labor Disputes, the evidence related to the disputed matters is in the possession and management of the employer, and the employer shall provide it. If the employer fails to provide it, it shall bear adverse consequences. Therefore, after the worker submits preliminary evidence such as messages in the work group, emails, and approval records, the attendance and overtime approval records are usually provided by the enterprise. The enterprise shall provide the records truthfully and ensure their completeness. If there are indeed omissions, it shall explain the reasons and reconstruct the records based on other evidence. Forging or destroying the records will face adverse consequences.

Q4: How is overtime pay calculated?

According to Article 44 of the Labor Law of the People's Republic of China (amended on December 29, 2018), if an employer arranges for workers to work overtime, they shall pay a wage no less than 150% of the worker's wage; if the employer arranges for workers to work on rest days and cannot arrange compensatory rest, they shall pay a wage no less than 200% of the worker's wage; if the employer arranges for workers to work on statutory holidays, they shall pay a wage no less than 300% of the worker's wage. The calculation base is usually determined by the corresponding part of the wage agreed in the labor contract or actually paid, and items that do not belong to the wage shall be excluded. Enterprises should calculate the paid amount item by item to avoid double counting.

Q5: Is there an arbitration statute of limitations for disputes over overtime pay?

Yes. According to Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, the statute of limitations for applying for arbitration of labor disputes is one year, calculated from the date when the party knows or should know that his rights have been infringed; if a dispute arises over unpaid labor remuneration during the continuance of the labor relationship, it is not subject to the one-year statute of limitations, but if the labor relationship terminates, the application shall be made within one year from the date of termination. Overtime pay belongs to the category of labor remuneration, and the applicability of the statute of limitations needs to be determined based on whether it is during the continuance of the labor relationship. Enterprises can review whether the statute of limitations has passed in their defense and raise corresponding claims in a timely manner.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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 current effective laws and regulations and publicly available 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 case of disputes, please consult a practicing lawyer in time.