[Direct answer]In the Beijing area, workers are responsible for providing initial evidence of overtime work (such as attendance records, shift schedules, and work communication records). However, the burden of proof shifts to the employer. If the employer fails to provide evidence of overtime work (such as attendance records and overtime approval forms), they will face adverse consequences. Strategically, workers should first consolidate the evidence they have (the four pieces of evidence including clock-in records, task assignments, work results, and pay slips), forcing the employer to provide attendance records. Once this happens, the initiative will shift to the employer's side.

I. Problem Background and Typical Scenarios

At a glance, there's not a single penny of overtime pay on the severance payment slip; after submitting the arbitration application, the company said, "There's no overtime approval, and the attendance records were filled out by the employees themselves." In overtime pay cases, "who provides the evidence" is almost the deciding factor. The most common mistake made by workers is only claiming overtime without evidence, or only submitting attendance records without proof of work assignments.

II. Key points of contention

Firstly, the rules of allocation and transfer of the burden of proof. Secondly, an effective combination of evidence on the part of the workers. Thirdly, the relationship between the overtime approval system and actual overtime work. Fourthly, the wage base and the time range of the evidence.

III. Professional analysis by Henglue Law Firm

This case is handled by Beijing Henglu Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative authority): **First Level: Rules of Evidence** According to the Judicial Interpretation of the Supreme People's Court on Labor Disputes, the worker shall bear the burden of proof for the existence of overtime work—this reflects the principle of "he who alleges must prove." However, the same rule stipulates that if the worker has evidence proving that the employer holds evidence of the existence of overtime, and the employer fails to provide such evidence, the employer shall bear the adverse consequences—the burden of proof is not static. The worker's initial evidence may "trigger" the employer's obligation to provide evidence. In arbitration practice, after the worker provides phased and representative evidence of overtime, the arbitrator often requires the employer to submit complete attendance records, and refusal to do so results in the worker's claims being deemed valid. **Second Level: Four Evidential Elements** 1. **Time Evidence**—Punch clock records, access control records, and location data from enterprise messaging apps (WeCom, DingTalk) during work shifts. If the employer does not use a system for punching in/out, timestamps from work-related communications (e.g., late-night assignment notifications, email send times) also carry probative value. 2. **Assignment Evidence**—Chat records of supervisors assigning overtime, overtime approval processes, meeting notifications, and weekend work group announcements to prove that "overtime was required by the company" rather than voluntary. 3. **Output Evidence**—Work completed during overtime (document modification records, delivery timestamps) corroborating the assignment evidence. 4. **Benefit Evidence**—Whether overtime pay appears on pay slips or whether adjustment arrangements are recorded, refuting the employer's claim of non-payment. **Third Level: Challenging the Approval System** If the employer defends with the argument that "unapproved overtime doesn't count," review the authenticity and implementation of the approval system. - If the system exists and the worker knew about it but bypassed the approval process, the defense may hold water. - If the system is a formality (e.g., unapproved overtime becoming the norm), the overtime will still be recognized. - WeChat records of late-night and weekend assignments (e.g., "Come in on Sunday to revise the plan") constitute the most common evidence to refute the approval defense. **Fourth Level: Base and Scope of Calculation** - Overtime pay is calculated based on the salary agreed in the labor contract, excluding irregular bonuses and allowances (contractual precedence applies; Beijing practice uses regular work-hour wages as the base). - Time limit for claims: Arbitration of unpaid labor remuneration during the employment relationship is not subject to the one-year statute of limitations. Claims must be filed within one year after the termination of the employment relationship. - Evidence preservation: Export attendance system data and chat records before leaving the company; deactivating company account permissions after leaving significantly increases evidence collection difficulty. **Fifth Level: Strategic Advice** - Prepare an evidence list before filing arbitration: List overtime dates, duration, and corresponding evidence to create a "overtime timeline" for clarity. - Send a written request (via EMS) to the employer for attendance records. Refusal to provide evidence preserves the burden of proof shifting to the employer. - Our firm's standard for organizing overtime pay disputes includes the four evidentiary elements + timeline + request letter, effectively shifting the burden of proof back to the employer.

IV. Practical suggestions and legal basis

The first step is to collect four types of evidence: time, assignment, results, and compensation, and file them by month. The second step is to make a schedule: correspond overtime details with evidence one by one. The third step is to send a letter to urge for evidence: require the company to provide attendance records and keep records. The fourth step is to grasp the statute of limitations: claim within one year after leaving the job, and the statute of limitations does not apply to arrears during employment. The main legal basis: Article 44 of the Labor Law of the People's Republic of China, Article 42 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Labor Disputes, and the Regulations on Wage Payment in Beijing; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Three sentences for proving overtime work: First, prove the preliminary facts, and the company's obligation to provide attendance records will be triggered; the four pieces of evidence are indispensable, and the assignment evidence is more crucial than the attendance records; export all records before leaving the company, and don't exceed the one-year statute of limitations. Those involved in overtime pay arbitration can proceed through the following channels:Labor arbitration and work-related injury compensationThey can integrate the overall solution for the service, which involves their wage disputesSpecial servicesFor the plate, you can refer to the information regarding its severance payBusiness and contract disputes in enterprisesFor the column, if you have any questions about preserving evidence, please feel free to consult usCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Can I still claim overtime pay even without a punch-in/punch-out record?

Yes. A combination of late-night weekend chat records, time stamps of work results, and pay slips without overtime pay evidence can prove the fact of overtime work. Punching in and out is not the only evidence.

Q2: What should I do if the company doesn't provide attendance records?

If the worker has evidence to prove that the company has access to the attendance records, and the company refuses to provide them, the company shall bear the adverse consequences. The arbitration tribunal may determine the overtime based on the reasonable time claimed by the worker.

Q3: Does it count as voluntarily staying at the company to work overtime?

Unscheduled overtime work is generally not considered overtime; however, there may be "de facto overtime" caused by work assignments and time-limited tasks. In such cases, overtime can be determined based on the evidence of the assignments.

Q4: What is the basis for calculating overtime pay?

The normal working hours' salary stipulated in the labor contract shall be the base amount, with 1.5 times the salary on working days, 2 times on rest days, and 3 times on statutory holidays; the agreed base amount shall not be lower than the compliant standard of the actual salary.

Q5: How long after leaving the job can I claim overtime pay?

Claims must be asserted within one year after the termination of the labor relationship; claims for unpaid labor remuneration during employment are not subject to the one-year statute of limitations, and all claims after leaving the job will be calculated based on a one-year period.

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 about 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, to avoid missing the statutory time limit. →Labor arbitration legal services·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 you encounter disputes, please consult a practicing lawyer in time.