[Direct answer]Generally, such waivers or limitations on rights are invalid. Overtime pay is a statutory right of workers, and its payment is mandatory. According to the provisions of the Labor Law of the People's Republic of China (implemented in 1994 and amended) and the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013), it is the statutory obligation of employers to pay overtime pay according to legal standards. A worker's promise to waive overtime pay in advance is usually difficult to be supported due to its violation of mandatory legal provisions or being grossly unfair. In practice, when employers require employees to sign commitment letters such as "voluntarily waiving overtime pay" or "overtime not counted as compensation", this constitutes an act of excluding statutory obligations by agreement, which is generally deemed invalid or partially invalid. Workers can still claim overtime pay. Of course, if a worker reaches a one-time settlement agreement with the employer on the overtime pay that has already occurred during the exit settlement, and the intention expressed is genuine and does not violate mandatory legal provisions, then the agreement may be deemed valid. Therefore, signing a waiver commitment letter does not necessarily mean losing the right to claim compensation.

I. Problem background and typical scenarios

When employees are hired or transferred to a new position, they are often required to sign a "commitment to waive overtime pay". This is a common problem faced by workers. There are four typical scenarios: first, signing a standardized commitment letter upon employment, which states that they "voluntarily waive overtime pay"; second, the employer requiring employees to retroactively sign the commitment letter after a dispute arises to evade responsibility; third, the commitment letter stipulating that fixed subsidies will replace overtime pay; fourth, signing a one-time settlement agreement upon leaving the company, agreeing not to claim any overtime pay. In Beijing, the handling of labor disputes is relatively standardized, and the review of standard clauses that exclude workers' statutory rights is strict. However, the specific legal effect still needs to be judged based on the signing context, content, and consideration. It cannot be generalized.

II. Key points of contention

First, the legal effect of the pre-waived overtime pay commitment letter. Second, whether the agreement to replace overtime pay with fixed subsidies is valid. Third, the distinction between standard clauses and voluntarily signed agreements. Fourth, the effectiveness and revocability of the one-time settlement agreement upon resignation. Fifth, the application of manifestly unfair terms and major misunderstandings. Sixth, the probative force of the commitment letter as a defense when claiming overtime pay.

III. Professional analysis by Henglue Law Firm

When handling such cases, Henglue Lawyers usually first determine the nature of the commitment letter and the signing context. From a legal perspective, overtime pay is a statutory labor remuneration that involves workers' fundamental rights and social public interests. Laws and regulations impose mandatory requirements on its payment standards. Therefore, clauses that preemptively and generically waive overtime pay are typically not supported because they exclude statutory obligations. From a contextual perspective, if the commitment letter was unilaterally drafted by the employer, the worker was forced to sign under employment pressure, and there was no corresponding compensation or consideration, it is often deemed a standard form clause or grossly unfair, and its effectiveness can be denied. It is important to distinguish this from settlement agreements upon resignation: If the worker makes a true and clear expression of intent regarding the amount of overtime pay already incurred, the payment method, and the scope of settlement at the time of resignation, and the agreement does not violate mandatory legal provisions, it will generally be respected. However, if there is fraud, coercion, significant misunderstanding, or gross unfairness, the worker can still seek to revoke the agreement according to law. Therefore, signing a commitment letter does not necessarily mean permanently losing rights. The key lies in whether the content excludes statutory rights, whether the signing was voluntary, and whether reasonable consideration was obtained.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, keep the original copy of the promise letter and evidence of the signing context, such as the signing notice and communication records; Second, keep attendance, scheduling, and salary records to prove the actual overtime facts; Third, check whether the promise letter includes consideration, such as whether the corresponding salary or compensation has been increased; Fourth, carefully read the settlement agreement before signing it when resigning to clarify whether you are waiving overtime pay and its scope; Fifth, if you believe the agreement is grossly unfair or that you were coerced into signing it, promptly request its revocation; Sixth, employers should pay overtime pay in accordance with the law and should not evade their obligations by using standardized commitment forms. For labor disputes, you can refer to the relevant provisions of the Labor Law and the Labor Contract Law.Labor Arbitration | Work-Related Injury CompensationFor services involving the review of enterprise contracts and standard clauses, you can refer to the following for referenceBusiness and Commerce | Contract DisputesPlate. Legal basis: Article 44 of the Labor Law of the People's Republic of China (implemented in 1994 and amended) regarding the payment standards for overtime wages; the provisions on the invalidity of clauses excluding workers' rights and the payment of labor remuneration in the Labor Contract Law of the People's Republic of China (amended in 2012 and implemented on July 1, 2013); and the provisions on standard clauses and revocable civil legal acts in the Civil Code of the People's Republic of China (implemented on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, a general waiver of overtime pay in advance is generally invalid. Secondly, it is difficult to obtain support for the validity of a standardized commitment letter signed under duress. Thirdly, whether fixed subsidies can replace overtime pay depends on whether they meet the statutory standards. Fourthly, a one-time settlement agreement upon resignation may be deemed valid, so it is necessary to sign such agreements with caution. Fifthly, if the agreement is grossly unfair or signed under duress, the party concerned may request its revocation. For disputes involving the waiver of overtime pay, the parties may seek legal redress through legal means.Labor Arbitration | Work-related Injury CompensationWe can provide a comprehensive solution for services, which includes reviewing the terms of the agreement.Business and Commerce | Contract DisputesFor reference, you can check the section related to labor compliance in enterprisesIntellectual Property Protection | Corporate Legal Compliance板块。

VI. Frequently Asked Questions

Q1: If I sign a waiver of overtime pay, can I still claim overtime pay?

Generally, this is allowed. Overtime pay is a statutory labor remuneration, and it is a statutory obligation for employers to pay overtime pay. If workers give up this right in advance or in a general manner, their promise will generally not be supported because it violates mandatory provisions or is grossly unfair. Workers can still claim overtime pay for actual overtime work. However, if it involves a voluntary one-time settlement of overtime pay that has already occurred upon leaving the job, the outcome may be different.

Q2: If the commitment letter states "voluntary", is it necessarily valid?

Not necessarily. Whether it is "voluntary" depends on the actual background of the signing. If the commitment letter is a standard form clause drafted by the unit, and the worker is forced to sign it to keep his job without receiving corresponding compensation, it will usually be deemed not to have true voluntariness. Courts and arbitration institutions will comprehensively judge based on the signing time, content, consideration, and communication records, rather than just looking at the word "voluntary".

Q3: Is it legal for the company to issue subsidies instead of overtime pay?

It depends on whether the subsidy meets the statutory standards. If the unit replaces overtime pay with a fixed-amount subsidy, and the subsidy is significantly lower than the overtime compensation calculated according to the statutory standards, or has no corresponding relationship with the duration of overtime, it cannot be regarded as having paid overtime pay in accordance with the law, and the worker can claim the difference. Only when the nature of the subsidy is clear, the amount meets the statutory standards, and it corresponds to the duration of overtime, can it be deemed valid.

Q4: Is the agreement signed upon resignation, stating that the employee will no longer assert any claims, valid?

It may be effective, but it depends on meeting certain conditions. If the agreement truly reflects the parties' intentions, provides a clear one-time settlement for overtime pay that has already occurred, and does not violate mandatory legal provisions or involve manifestly unfair terms, it will generally be deemed valid. However, if there is fraud, coercion, a major misunderstanding, or manifestly unfair terms, the worker may legally request its revocation. Before signing the agreement, it is important to carefully review its terms and scope.

Q5: How to prove that the promise letter was signed under duress?

Evidence can be provided from the signing context. For example, when signing the agreement, the employee may be in the process of onboarding, contract renewal, job transfer, or after a dispute has arisen. The employer may threaten not to hire, not to renew the contract, not to pay wages, or impose unfavorable job transfers if the employee refuses to sign the agreement. Alternatively, the commitment letter may be a standardized form with no room for negotiation or any consideration in exchange. Relevant notifications, chat records, and colleague testimonies can all be used as evidence to argue that the commitment letter is not binding.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudicative standards 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 relevant 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 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.