[Direct answer]In the Beijing area, if the overtime approval is not passed, it does not necessarily mean that the overtime pay will be lost. Approval is just an internal management process of the employing unit. Whether there is overtime pay depends on whether the employing unit arranges overtime and whether the worker actually provided overtime labor. According to Article 44 of the Labor Law of the People's Republic of China (amended on December 29, 2018), if the working hours are extended, the rest days cannot be compensated, and the statutory holidays are arranged for work, the overtime pay shall be paid at not less than 150%, 200% and 300% of the wage respectively; Article 31 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012) also stipulates that overtime work shall be paid in accordance with national regulations. When the worker claims overtime pay, he/she should provide evidence of the overtime facts. However, if there is evidence to prove that the employing unit holds attendance records and other evidence but fails to provide them, the employing unit shall bear the adverse consequences (Article 42 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Labor Disputes, Law Interpretation [2020] No. 26, implemented on January 1, 2021). Note that the attendance records and wage slips should be preserved and the claim should be made within the one-year arbitration statute of limitations. 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

The overtime approval system is very common in practice: many companies require in their rules and regulations that overtime work must be applied for in advance and approved by supervisors before it can be recognized. Unapproved overtime work is not counted towards attendance and overtime pay is not paid. Typical scenarios include urgent tasks that haven't gone through the approval process, being asked to handle matters in the work group during holidays, occupying rest time under the guise of duty shifts, and disputes over compensation for positions with comprehensive working hours or flexible working hours. When workers have provided overtime labor as required, the company refuses to pay on the grounds of no approval, no system registration, or no form filling, resulting in disputes. In the judicial practice of Beijing, courts usually do not deny the fact of overtime work solely on the basis of lack of approval, but instead determine it based on a comprehensive evaluation of work arrangements, attendance records, and actual labor situations. The relevant rules can be referred to herein.Labor arbitration and legal services for work-related injury compensation.

II. Key points of contention

The focus of such disputes centers on four points. Firstly, the relationship between approval and overtime pay: the approval system is an internal management tool, and employers cannot use internal processes to evade their statutory obligations to pay overtime. However, voluntary overtime without prior arrangement is generally not considered overtime. Secondly, the burden of proof for overtime facts: according to Article 42 of the Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trial of Labor Disputes, the worker should provide evidence of overtime facts, and the employer who holds relevant evidence but fails to provide it shall bear the adverse consequences. Thirdly, whether the agreed wage includes overtime pay: if the employer claims that the monthly salary already includes overtime pay, it should provide evidence of clear agreements and conversion standards that are not lower than the statutory standards. Vague statements will not be supported. Fourthly, the distinction between overtime and on-call duty, on-call duty allowances, and the impact of the working hour system on the calculation of the base and multiplier.

III. Professional analysis by Henglue Lawyers

When handling similar cases in the Beijing area, Henglue Lawyers typically follow three steps to substantiate overtime pay claims: first, securing evidence of the employer's overtime arrangements, such as shift schedules, overtime notifications, and WeChat and email records; second, verifying attendance and salary payment records to confirm actual working hours and the compensation paid; and finally, comparing these with statutory standards to calculate the difference. This methodology was demonstrated in a labor dispute case handled by Attorney Feng Na. On November 17, 2022, Li * joined Beijing A Technology Co., Ltd. as a technical employee, with a base monthly salary of 35,000 yuan and a quarterly performance bonus of 5,000 yuan. The employment offer stated an annual salary of 550,000 yuan, including a 110,000 yuan annual performance bonus. In February 2025, Li * recorded a conversation with HR staff in which the company acknowledged the offer's terms but refused to pay the bonus, citing Li's failure to participate in performance evaluations and operational losses. On March 19, 2025, the company terminated the employment relationship with an economic layoff notice and paid Li * 9,080 yuan in compensation. On April 10, 2025, Li * filed an arbitration claim, which confirmed the employment relationship and ordered the company to pay unpaid annual leave wages of 18,602 yuan from January 1, 2023 to December 31, 2024, along with a compensation of 91,821 yuan for the unlawful termination. After both parties appealed the arbitration decision to court, Attorney Feng Na guided the client in gathering comprehensive evidence including the employment offer, communication records, labor contracts, salary records, termination notices, and annual leave records. She argued against the company's claims regarding the nature of the termination and the calculation of performance bonuses and annual leave wages. Ultimately, the court upheld the main claims for annual performance bonuses and compensation for unlawful termination. While this case did not involve overtime pay disputes, it demonstrates that the success of labor compensation claims hinges on the ability to fully substantiate claims through written agreements, communication records, and salary records. The case was handled by Beijing Henglue Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes: Article 44 of the Labor Law of the People's Republic of China (amended on December 29, 2018); Article 31 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012); Article 13 of the Interim Regulations on Wage Payment (promulgated by the Ministry of Labor on December 29, 1994 and implemented on January 1, 1995); Article 42 of the Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trial of Labor Dispute Cases (No. 26 of 2020, implemented on January 1, 2021); and Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008). Action list: First, export or screenshot and save attendance records, shift schedules, overtime notifications, and work communication records; Second, organize pay slips, labor contracts, and salary system documents; Third, verify the overtime hours and compensation paid by the employer with the employer and keep the negotiation records; Fourth, if no agreement is reached, file a complaint with the labor supervision authority or apply for arbitration within the one-year arbitration statute of limitations. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

5. Henglue Law Firm's Reminder

When claiming overtime pay, there are two common mistakes that are most likely to lead to failure: first, not paying attention to preserving evidence in advance, which results in the attendance system being unable to export data after resignation and chat records being deleted; second, claiming overtime pay more than a year after the statute of limitations for arbitration expires. If the employer refuses to pay without approval, the employee should raise objections in writing as soon as possible and request an explanation to fix the dispute. For multiple items such as overtime pay, annual leave pay, and performance bonuses, it is recommended to sort and consolidate the claims at one time. When handling similar cases in the Beijing area, it is recommended to entrust a lawyer as soon as possible.Beijing Henglu Law FirmProfessional lawyers calculate standards and fix evidence to avoid losing the forest for the trees.

VI. Frequently Asked Questions

Q1: Can I win the arbitration if I don't go through the approval process for overtime pay?

There's a possibility of winning the case, but it all depends on whether the overtime work can be proven. The focus of the court's review is not whether there is an approval form, but whether the employer arranged overtime work and whether the employee actually provided overtime labor. If the employee can provide objective evidence such as attendance records, shift scheduling notifications, and work communication records, there's a higher likelihood of winning the case; but if the claim is based solely on self-statements without supporting evidence, it may not be recognized due to insufficient proof. If the employer defends against the claim by arguing that it hasn't been approved, it needs to prove that the system has been publicly announced and consistently implemented; if the employer holds attendance records but refuses to provide them, it will bear the unfavorable consequences. The outcome of the case depends on the evidence and the court's determination. No lawyer can guarantee victory or defeat on their own—solid evidence is the key.

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

The core materials are divided into four categories: 1. Attendance and overtime records, such as attendance logs, shift schedules, screenshots from approval systems, and access control records. 2. Evidence of overtime arrangements, including overtime notifications, work group or email scheduling records, and meeting minutes. 3. Wage-related evidence, such as pay slips, salary statements, salary system documents, and agreements on performance bonuses and year-end awards. 4. Supporting evidence, such as colleague testimonies and records of the creation time of work results. It is recommended to preserve the original carriers of electronic evidence and make backups. Evidence should be organized chronologically to form a complete chain from overtime arrangements to unpaid compensation. Fragmented materials are easily dismissed with excuses such as "not yet approved" or "already taken leave".

Q3: How much does it cost to arbitrate overtime pay?

There are no fees charged during the arbitration stage of labor disputes. After entering litigation, 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 base for gradual accumulated payment, to be borne by the losing party, and for partial victories, the fees shall be shared proportionally; for cases involving claims for labor remuneration that meet the conditions, the parties may apply for deferred or reduced payment. Lawyer's fees are determined through consultation between the law firm and the client, typically charged as a percentage of the amount of the claim or on a per-case basis, with no unified government pricing. The amount of overtime pay disputes varies greatly. It is recommended to first calculate the claimable difference and then decide whether to negotiate or litigate. For specific fees, you can bring the relevant materials for on-the-spot consultation and confirmation.

Q4: How long will it take to resolve the overtime pay dispute?

The arbitration stage generally concludes within 45 days from the date of acceptance, and the case may be extended by 15 days if the circumstances are complex. If the parties appeal against the arbitration award, the first-instance ordinary procedure shall be completed within six months, and the summary procedure within three months. Where the case involves the determination of wage standards or attendance records, the determination period shall not be included in the time limit for review, and the time shall be extended accordingly. In practice, the main variables include the number of cases, whether the service of documents is smooth, whether appraisal is involved, and the willingness of both parties to reach a settlement. Overall, cases with clear evidence and small amounts can be concluded within a few months, while those with major disputes may take longer than a year. It is recommended to initiate the arbitration process as soon as possible within the one-year arbitration statute of limitations to avoid missing the opportunity due to delay.

Q5: If the company refuses to pay overtime, what should I do first?

Four steps to proceed: First, comprehensively fix the evidence, export the attendance records, save the overtime notifications and work communication records, and organize the pay slips; Second, verify the overtime hours and the paid compensation with the employer in writing, and request a written response and keep the records; Third, file a complaint with the labor supervision department or apply for mediation to the labor dispute mediation organization; Fourth, if the mediation fails, apply for labor arbitration within the one-year arbitration statute of limitations. If the attendance records are held by the employer and the employee does not have complete data, consult a professional lawyer as soon as possible to design a plan for evidence collection and presentation to avoid being passive in court.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for 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, so as 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 open 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 a dispute arises, please consult a practicing lawyer in time.