[Direct answer]In the Beijing area, the record of overtime arrangements made by the employer via WeChat can be used as evidence to prove the fact of overtime work, but whether it can be supported still depends on whether the worker actually provided overtime labor, whether the overtime hours are reasonable, and whether the employer acknowledges or does not deny it. According to Article 44 of the Labor Law of the People's Republic of China (adopted on July 5, 1994 and amended and implemented on December 29, 2018) and Article 31 of the Labor Contract Law of the People's Republic of China (adopted on June 29, 2007 and implemented on January 1, 2008, and amended and implemented on December 28, 2012), the employer shall strictly implement the labor quota standards and shall not extend the working hours of the workers. If the working hours are extended, the employer shall pay the corresponding remuneration. The WeChat records themselves usually only prove that the employer has made arrangements, and the final determination still needs to be based on the actual performance. Therefore, in practice, it is necessary to form a chain of evidence that corroborates each other, such as the WeChat arrangement records combined with the access control and attendance records, the time of submitting the work results, and the records of the online working hours, etc. For referenceLabor arbitration and work-related injury compensationThe service description in the column.

I. Problem background and typical scenarios

Most of the people who consult this issue are those who work in positions with a lot of overtime, such as operation, R&D, and sales support staff. There are three common situations: the boss asks them to handle work after work and finish it on the same day in the group chat or private chat; requires them to handle affairs at home on weekends; and requires them to stay online and respond at any time. For more information, please refer to the following link:Special services and other casesIn practice, the most common problems are twofold: First, there are only WeChat instructions but no actual work records, making it easy for employers to deny overtime work. Second, even if there is actual work, it's difficult to determine the specific duration, making it hard to determine the amount of compensation. Therefore, while keeping WeChat records, it's even more important to preserve objective materials that can prove the actual overtime work provided.

II. Key points of dispute

1. The establishment of overtime work requires actual labor provision rather than mere scheduling. 2. The definition and calculation method of overtime hours. 3. Whether it belongs to the extension of working hours and workplaces. 4. The formal requirements for overtime arrangements and exceptions to the rules in emergency situations. 5. The calculation base and multiplier standard for overtime pay. 6. The differences between fixed working hours system and comprehensive calculation of working hours system. 7. The application of arbitration statute of limitations. 8. The allocation of the burden of proof for the employer to deny overtime work on the grounds of lack of approval. The calculation method of overtime wages can be referred to for reference.Labor arbitration and work-related injury compensationThe description in the column.

III. Professional analysis by Henglue Law Firm

From the experience of handling labor dispute cases, the allocation of the burden of proof in overtime disputes is a core issue. In practice, it is generally believed that workers bear the initial burden of proof for overtime facts, but once the worker provides evidence of the unit's arrangement for overtime, the burden of proof will be transferred accordingly. At this time, if the unit claims that the overtime has not been approved or is voluntary work, it should bear the burden of proof for its management rules and actual implementation. When lawyers handle such cases, they generally adopt a three-step strategy: The first step is to fix the arrangement evidence, including WeChat, emails, and task distribution records, paying attention to preserving the original carriers rather than screenshots; The second step is to fix the performance evidence, including access control records, attendance sheets, the submission time of work results, and system login logs, etc.; The third step is to establish the corresponding relationship, matching each arrangement with the corresponding actual work results and constructing a time chain. In cases where there is only WeChat arrangement but no performance evidence, the arbitration support rate is usually low.

IV. Practical suggestions and legal basis

Action suggestions: 1. Timely save records of overtime arrangements in WeChat and emails, and pay attention to preserving the original sources and context; 2. Synchronously save access control, attendance, and system login records as evidence of actual overtime work; 3. Organize the submission times of work results to form a chronological timeline of arrangements and fulfillment; 4. Calculate overtime hours and distinguish among three scenarios: workday extensions, rest days, and statutory holidays; 5. Clarify the calculation basis for overtime pay and provide evidence of wage composition; 6. Submit requests within the arbitration statute of limitations; 7. Verify whether the employer implements a standard working hour system or a comprehensive calculation working hour system. Legal basis: Articles 36, 44, and 45 of the Labor Law of the People's Republic of China (adopted on July 5, 1994, amended and implemented on December 29, 2018); Article 31 of the Labor Contract Law of the People's Republic of China (adopted on June 29, 2007, implemented on January 1, 2008, and amended and implemented on December 28, 2012); Article 27 of the Labor Dispute Mediation and Arbitration Law (adopted on December 29, 2007, implemented on May 1, 2008); Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, WeChat records can only prove the existence of overtime arrangements, but cannot independently prove actual overtime work. Secondly, evidence of actual performance is equally important. Only when the two are combined can a complete chain of evidence be formed. Thirdly, the duration of overtime work requires objective evidence, and it is difficult to obtain support based on subjective statements. Fourthly, the overtime pay standard for statutory holidays is higher than that for working days and rest days, and claims should be made separately. Fifthly, attention should be paid to preserving the original carriers and exported records to avoid the authenticity being questioned solely by screenshots. Sixthly, if the employer defends against the claim on the grounds of lack of approval, whether the management rules are publicly announced and actually implemented will become the focus of review. Seventhly, the request for overtime pay is also subject to the statute of limitations for arbitration and should be raised in a timely manner.

VI. Frequently Asked Questions

Q1: If WeChat arranges overtime work, will the court recognize it?

It can serve as preliminary evidence, but is usually not sufficient to support a claim on its own. WeChat records can prove that the employer has made overtime arrangements, but to gain support, the employee still needs to prove that they actually provided overtime labor. Therefore, it is best to prepare materials such as access control records, attendance records, system login records, and the time of submitting work results at the same time, to form a chain of evidence that corroborates both the arrangement and its implementation. Where there are only arrangements but no traces of actual implementation, the success rate of arbitration is relatively low.

Q2: Does handling work at home after getting off work count as overtime?

A comprehensive judgment is needed. The key factors are whether it belongs to the employer's arrangement, whether actual labor has been provided, and whether it is part of the work. If the arrangement is clear, the tasks are specific, and the work is completed and submitted on the same day, there is a higher likelihood of being recognized as overtime work. However, if it belongs to a voluntary arrangement by the individual or the results are unclear, it may be denied. In practice, it will also consider whether there are disguised on-call arrangements. The relevant determination methods can be referred to for reference.Special services and other casesColumn.

Q3: How long does it take to be considered overtime work?

The law does not stipulate a minimum requirement. Any working hours exceeding the legal standard are considered overtime. According to Article 41 of the Labor Law, overtime work generally should not exceed one hour per day, and under special circumstances, it should not exceed three hours per day or 36 hours per month. However, this restriction mainly applies to employers. Whether individual sporadic overtime work is paid overtime wages or not, in practice, it is usually determined based on the actual duration of the overtime. The focus of the dispute is more on whether the duration of the overtime can be proven, rather than whether the duration itself is legal.

Q4: The company says that if it doesn't approve it, it doesn't count as overtime, right?

This argument is not entirely valid. If the unit has made clear arrangements through WeChat or other means, and then denies them on the grounds that they have not been approved, the court will usually review whether the overtime approval system has been established through democratic procedures and publicized to workers, and whether there are records of its actual implementation. If the system only exists on paper and has never been implemented, it will be difficult to challenge the facts of the arrangements that have already occurred. Therefore, it is very important to preserve evidence of the arrangements and understand the actual implementation of the unit's system.

Q5: How is overtime pay calculated, and what is the base amount?

On weekdays, the overtime pay for working overtime is generally not less than 150% of the employee's wage; on rest days, if the employer arranges work and cannot arrange compensatory rest, the overtime pay shall not be less than 200% of the employee's wage; on statutory holidays, the overtime pay shall not be less than 300% of the employee's wage. The calculation base is generally determined by the employee's normal working hours wage. In practice, it usually does not include floating parts such as performance bonuses and allowances paid monthly. When claiming overtime pay, the employee should provide a description of the wage composition and wage payment records to prove the fixed wage amount.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current 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.