[Direct answer]In the Beijing area, the burden of proof for overtime work is not entirely borne by workers. According to Article 6 of the "Mediation and Arbitration Law of Labor Disputes of the People's Republic of China" (implemented on May 1, 2009), if the evidence related to the disputed matters is in the employer's possession and management, the employer shall provide it; if the employer fails to provide it, it shall bear adverse consequences. In judicial practice, workers generally need to initially prove the existence of overtime work, while evidence such as attendance records and wage payment ledgers, which are kept by the employer, are subject to the employer's burden of proof. If the employer refuses to provide complete attendance records, the arbitration body or the court may make an inference unfavorable to the employer. It is recommended that workers pay attention to preserving evidence in daily life and assert their rights in a timely manner when disputes arise. For more details, please refer toLabor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

Overtime pay disputes are one of the most common types of labor disputes. Typical scenarios include: standard working hour system employees being required to work overtime without overtime approval; companies refusing to pay overtime pay on the grounds of flexible working hours or irregular working hours; workers only being able to verbally prove overtime work and lacking written records; and companies denying the existence of overtime work during the settlement of labor disputes after the worker's departure. Many workers mistakenly believe that the company should pay them as long as they have worked overtime, but they lose the case due to insufficient evidence. When handling similar cases in the Beijing area, arbitration institutions tend to be more stringent in determining the facts of overtime work, and the organization of evidence is particularly important. It can be combined with the following methods:The official website of Henglue Law FirmEvaluate the scope of rights and interests.

II. Key points of contention

The focus of the dispute centers on three points. Firstly, the burden of proof: workers need to prove the existence of overtime work, while employers need to prove that they have paid overtime wages in full or arranged compensatory rest; attendance records and wage ledgers are kept by employers. Secondly, the determination of the nature of overtime work: how to distinguish between unapproved voluntary overtime, on-call duty, and overtime work, which affects whether overtime pay should be paid. Thirdly, the calculation base: the wage standard used as the basis for overtime pay, and whether it includes performance bonuses and allowances, often leading to disputes. If the company claims that it has already paid overtime wages, it should provide pay slips and compare them with the attendance records; if it cannot provide these documents, it will bear unfavorable consequences. For issues related to wage composition, reference can be made to the relevant regulations.Special services and other case servicesClarify the compensation agreement.

III. Professional analysis by Henglue Lawyers

Take a case handled by our firm as an example: Li * * * joined Beijing A Technology Company in November 2022, and the offer agreement stipulated an annual salary of 550,000 yuan, including an annual performance bonus of 110,000 yuan. In February 2025, he communicated with the company's HR about the year-end performance bonus. In the recording, the company acknowledged the offer agreement but refused to pay on the grounds of losses. In March 2025, the company terminated the employment relationship due to economic layoffs and paid a compensation of 9,080 yuan. Li * * * applied for arbitration, and the Arbitration Commission issued Arbitration Award No. 20252XXX0 in Beijing Chaoyang Labor and Personnel Arbitration, confirming the employment relationship, ordering the payment of 18,602 yuan for unpaid annual leave and the difference of 91,821 yuan in compensation for unlawful termination. In this case, Attorney Feng Na guided the client to secure key evidence such as the employment offer, communication recordings, labor contracts, pay slips, and termination notices, and provided legal opinions focusing on the nature of the termination and the performance agreement. The evidence showed that the company failed to complete the statutory procedures for reporting the layoff plan to the labor administrative department, constituting an unlawful termination. The recording evidence played a crucial role in proving the salary agreement. This case was handled by Beijing Henglu Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis is Article 6 (Distribution of the Burden of Proof) and Article 39 (Employers' Control of Evidence) of the "Mediation and Arbitration Law of Labor Disputes" (effective May 1, 2009); Article 31 (Overtime Wages) of the "Labor Contract Law of the People's Republic of China" (amended on December 28, 2012); and the provisions of the "Interim Regulations on Wage Payment" regarding attendance and wage record keeping. Practical suggestions: Workers should establish an awareness of evidence of overtime work and preserve overtime notifications, work group records, and attendance and email records; employers should standardize attendance and overtime approval procedures and properly keep wage ledgers for more than two years; when disputes arise, first check the pay slips and attendance records, then apply for labor arbitration. For cases involving compensation for unlawful dismissal, relevant evidence can be combined with the pay slips and attendance records to support the claim.Labor arbitration and work-related injury compensation servicesEvaluate the project.

5. Henglu Law Firm's Reminder

When claiming overtime pay, it's crucial not to rely solely on verbal assertions. First, distinguish between voluntary overtime and overtime arranged by the employer, and collect evidence of fixed instructions or approvals from the employer. Second, check the attendance records and pay slips to identify the unpaid overtime compensation. Third, if the employer refuses to provide attendance records, legally assert the presumption of liability. Note that the arbitration statute of limitations is one year, starting from the date when the employee becomes aware of the infringement of their rights. Delaying action may result in the loss of the right to win the case. It is recommended to consult a professional lawyer as soon as possible to evaluate the adequacy of evidence and the calculation of compensation. For reference, please refer to the following sources:Special services and other case-related servicesObtain the process guidelines.

VI. Frequently Asked Questions

Q1: Can workers win lawsuits against overtime pay?

The success of the lawsuit depends on whether the evidence is sufficient, not on the outcome promised. If the worker can initially prove the existence of overtime (such as overtime notifications, work records, and attendance logs), and the employer refuses to provide the attendance and wage records under its control, the arbitration authority may make a presumption unfavorable to the employer, and the probability of winning the lawsuit is relatively high. However, if the worker has no evidence and relies solely on oral claims, the risk is greater. It is recommended to first sort out the strength of the evidence, and if necessary, entrust a lawyer to issue an assessment before deciding whether to proceed with arbitration. Never believe in unrealistic promises of winning the lawsuit.

Q2: What evidence do I need to prepare to claim overtime pay?

The core evidence includes: overtime notice or approval records (emails, work groups, shift schedules), clock-in records and attendance screenshots, work results and time stamps, chat records with superiors about overtime, pay slips and bank statements (to prove that overtime pay is not included), and colleagues' testimonies. The evidence should focus on the employer's arrangement of overtime, actual overtime, and unpaid overtime. The attendance and pay records kept by the employer can be requested by the arbitration tribunal to be provided; if the employer refuses to provide them, he/she shall bear the adverse consequences. The more complete the materials are, the more stable the claim will be.

Q3: How much do lawyers' fees and arbitration fees cost when suing for overtime pay?

Arbitration itself is free of charge (arbitration of labor disputes is free of charge). Lawyer's fees are calculated based on the complexity of the case, the amount of the claim, and the lawyer's qualifications, either on a per-case basis or as a percentage of the claim amount, subject to the terms of the retainer agreement. There is no unified government pricing for legal services. For some cases, contingency fees may be negotiated, but subject to a percentage cap. It is recommended to clarify the fee method and scope before entrusting the case, assess the total amount of overtime pay that can be claimed and the cost involved, and rationally evaluate whether to entrust the case for small-value disputes to avoid costs exceeding the benefits.

Q4: How long does it usually take for an arbitration regarding overtime pay to reach a conclusion?

Labor dispute arbitration is generally concluded within 45 days from the date of acceptance, and the time limit may be extended by no more than 15 days if the case is complex. If the party is dissatisfied with the arbitration award, he/she may file a lawsuit with the court within 15 days from the date of receipt of the award; the ordinary procedure of the first instance lasts six months, and the summary procedure lasts three months. Overall, it often takes several months to a year from arbitration to possible litigation. It is recommended to fix the core evidence and apply for an order to the unit to provide attendance records at the arbitration stage, so as to shorten the dispute cycle and avoid the delay in the procedure affecting the recovery of the payment.

Q5: What should I do first if I'm denied overtime pay?

Here is the translation of the text into English: Suggested four steps: First, sort out the facts of overtime work, collect overtime notifications, attendance records, work group messages, and pay slips to confirm whether there are indeed unpaid overtime balances. Second, submit a written request for overtime pay settlement to the employer and keep records of the communication. Third, if the employer refuses to pay and controls the attendance records without providing them, apply for arbitration to the Labor Dispute Arbitration Committee, requesting the employer to submit the attendance and payroll records. Fourth, if you are not satisfied with the result, file a lawsuit promptly. Throughout the process, pay attention to the one-year arbitration statute of limitations and consult a lawyer as early as possible to plan the evidence chain.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the 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.