[Direct answer]On-duty work and overtime work are not the same thing. Overtime work refers to continuing to perform one's regular duties beyond the statutory standard working hours as arranged by the employing unit. According to Article 44 of the Labor Law of the People's Republic of China (effective January 1, 1995), overtime work on extended hours, rest days, and statutory holidays shall be paid at not less than 150%, 200%, and 300% of the wage, respectively; on-duty work mainly refers to non-productive guarding tasks arranged by the unit, the nature and compensation of which are determined by the agreement between the two parties and the actual intensity of the work. If the on-duty worker actually performs his or her regular duties during the on-duty period, with an intensity comparable to that of normal work, it may be deemed as substantive overtime work. The key points for distinguishing between the two are "who arranges the work, what work is performed, the intensity of the work, and whether the worker can rest". For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

Holiday security shifts, year-end financial duties, rotating shifts in customer service and property control rooms, and night patrols in warehouses are common arrangements in employers' workplaces. The disputes arising from this typically take two directions: workers present the duty roster and demand that all shifts be paid as overtime; employers, however, interpret overtime work as "duty shifts" to avoid paying overtime wages. Both approaches may deviate from legal assessments: the same period of duty may be deemed as duty shifts or overtime work, directly affecting the three tiers of wage differences (150%, 200%, and 300%) and whether duty allowances can replace overtime wages. Clarifying the legal boundaries between the two is a prerequisite for resolving such disputes. For related rules, please refer toLabor arbitration and legal services for work-related injury compensation.

II. Key points of dispute

The controversy focuses on five points. First, the legal nature: overtime is an extension of the working hour system beyond standard working hours, and the law clearly stipulates wage standards; duty shifts are not a statutory working hour concept, but are more derived from the management arrangements of employers. Second, work intensity: duty shifts mainly involve being on call or standby, and workers can usually rest; if they are required to continuously perform their regular duties, it is essentially overtime. Third, form of compensation: duty shifts are generally paid with subsidies, the standard of which is agreed upon by both parties; overtime pay is a statutory obligation of employers. Fourth, working hour system: under the standard working hour system, approved comprehensive calculation of working hours, and irregular working hours system, the identification and compensation standards for overtime are different. Fifth, burden of proof: work schedules and attendance records are often held by employers, so workers should pay attention to fixing them in advance. In the judicial practice of Beijing, courts generally make a comprehensive judgment based on the content, intensity, and arrangement methods of the work, rather than simply defining it by its name.

III. Professional analysis by Henglue Law Firm

A collective labor dispute handled by Attorney Feng Na demonstrated the typical process of "reconstructing basic facts through evidence": In August 2025, A Company issued "Notices of Termination of Labor Relationship" to 12 employees including Zhang Li, Hu Fei, and Liu Gang on the grounds that recruitment procedures were found to be irregular during inspections, unilaterally terminating their labor contracts. These employees had all provided labor, accepted management, and received salaries during their employment, and some had even renewed their labor contracts with the company. The company claimed that the contracts were not registered, the recruitment violated company rules, and the terminations were lawful based on inspection and rectification requirements; the employees demanded the revocation of the terminations and the restoration of labor relations. Attorney Feng Na argued that labor relations are established from the date of employment, and written contracts become effective upon signing and stamping by both parties. Labor registration is merely an administrative matter. Renewal of contracts requires mutual consent, and internal approval cannot override workers' rights. She compared Article 39 of the Labor Contract Law and Article 19 of the Implementing Regulations of the Labor Contract Law, concluding that inspection and rectification measures and irregular recruitment procedures do not constitute statutory grounds for unilateral termination. The arbitration, first-instance, and second-instance courts all adopted the attorney's arguments, ruling the terminations illegal and ordering continued performance of the contracts. This case highlights that in labor disputes, basic facts such as "whether employees provided labor or accepted management" often require evidence to reconstruct. Similarly, determining whether on-call hours constitute overtime or not must be based on evidence of work content, scheduling methods, and intensity, rather than just the name on the schedule. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 41 of the Labor Law of the People's Republic of China (implemented on January 1, 1995), which stipulates that the maximum overtime duration should not exceed one hour per day, and three hours per day or 36 hours per month for special reasons; Article 44, which sets three tiers of overtime pay standards; the Regulations of the State Council on Working Hours of Employees (revised in 1995 and implemented on May 1, 1995), which stipulates an 8-hour workday and a 40-hour workweek; and Article 13 of the Interim Regulations on Wage Payment (Labor Ministry Document No. 489, 1995), which specifies the standards for overtime pay. Action list: 1. Distinguish whether the time periods arranged by the unit are on-call duty or overtime work, and keep the shift schedule and attendance records. 2. If on-call duty requires employees to perform their regular duties, retain the task assignment records and work results. 3. Confirm with the unit in writing the standards for on-call duty allowances and the calculation basis for overtime pay. 4. If the unit evades overtime pay under the guise of "on-call duty," first file a written objection and retain the communication records. 5. If no agreement is reached, apply for arbitration within the arbitration statute of limitations and seek legal advice.Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Reminder

Such disputes are most likely to suffer losses in two aspects: firstly, not keeping shift schedules, subsidy issuance records, and group notifications, which leaves no evidence to support claims in arbitration; secondly, treating periods that could have claimed overtime pay as fixed "duty subsidies", which is difficult to refute afterwards. In addition, if an employee is injured during duty due to work-related reasons, they may still be recognized as work-related injuries according to the "Regulations on Work-Related Injury Insurance" (amended in 2010), which is a separate issue from whether it counts as overtime. Disputes over overtime pay are subject to a one-year arbitration statute of limitations, but there is no one-year limitation for arrears in labor remuneration during the continuation of the labor relationship. For cases of this kind in Beijing, it is recommended to entrust a lawyer as soon as possible.Beijing Henglu Law FirmProfessional lawyers determine the nature of each time period based on attendance, scheduling, and work records.

VI. Frequently Asked Questions

Q1: If I've already received the on-call fee, can I still claim overtime pay?

It depends on whether the period in question constitutes overtime work. If the arrangement involves on-call duty or standby, where the worker can rest and the employer has provided an on-call allowance, it should generally be treated as on-call duty and it's not appropriate to claim overtime pay again. However, if the so-called "on-call duty" actually involves continuously performing the worker's regular job with a workload comparable to that of normal working hours, it essentially constitutes overtime work. The on-call allowance received can be offset against the corresponding overtime pay, and the shortage should still be made up. Whether the claim will be supported depends on the content and intensity of the work, as well as the local court's interpretation. The conclusion of each case should be based on the evidence and the court's determination, and no lawyer can guarantee the outcome unilaterally.

Q2: If you argue that on-call duty essentially constitutes overtime, what evidence should you prepare?

The core evidence can be divided into three categories: 1. Arrangement-related evidence, including shift schedules, duty rosters, on-call notifications, group chat records of task assignments, and system approval processes. 2. Performance-related evidence, such as work records during shifts, production and monitoring logs, incident response forms, and completed work outcomes and their submission times. 3. Compensation-related evidence, including payroll records, records of duty allowance payments, and attendance records (which the employer may request the arbitration committee to order the submission of if necessary). The more evidence that demonstrates the three elements of "employer arrangement, occupying rest time, and performing job duties," the more favorable the claim will be.

Q3: How much does it cost to apply for labor arbitration?

At the labor arbitration stage, no arbitration fees are charged to the parties. If the case is sued in court, the litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), with the amount of the claim as the basis for calculating the fees in stages. The losing party shall bear the fees, and in the case of partial victory, the fees shall be shared proportionally. Lawyer's fees shall be determined through consultation between the law firm and the client. Commonly, fees are charged based on the amount of the claim or on a per-case basis, with no unified government pricing. Workers with financial difficulties may apply for assistance from local legal aid agencies. For cases with relatively small amounts but clear evidence, it may also be worth trying to file a complaint or seek mediation with the labor supervision authority first, which is more cost-effective.

Q4: How long does it usually take to resolve disputes over on-call work and overtime?

Labor arbitration cases are generally concluded within 45 days from the date of acceptance, and the time limit may be extended by 15 days with approval if the case is complex. For cases where the parties disagree with the arbitration award and file a lawsuit, the first-instance ordinary procedure shall be completed within 6 months and the summary procedure within 3 months. If the case involves attendance verification, the employer's delay in handling the case, or difficulties in serving the documents, the timeframe will be extended accordingly. In practice, most disputes over on-call and overtime pay can be resolved within a few months if the evidence is clear and the amount is specific. It is recommended to apply for arbitration as soon as possible within the one-year statute of limitations, as the longer the delay, the higher the risk of evidence loss.

Q5: If the company reports overtime as on-call duty, what should I do first?

Here's the translation of the text into English, with detailed explanations: \nThere are four steps to follow: First, make copies or take photos of the shift schedules, attendance records, duty notifications, and pay slips to prevent the employer from unilaterally modifying them. Second, list the disputed periods day by day, specifying the work content, start and end times, and whether breaks were allowed. Third, communicate with the employer's HR department or responsible person in writing (via WeChat or email) to clarify that the period in question constitutes overtime work. Keep a record of their response. Fourth, if no progress is made, apply for arbitration within one year at the labor contract performance location or the local labor and personnel dispute arbitration committee of the employer's location, and request the employer to submit the attendance evidence in their possession. If uncertain about the classification of the period, consult a professional lawyer for calculation as soon as possible.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the interpretation of rulings 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 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.