[Direct answer]In the Beijing area, overtime work is divided into the following types: 1. **Weekday overtime**: - Overtime on weekdays must be paid as overtime compensation and cannot be replaced by compensatory rest (compensatory rest can only be used to "make up" for overtime on rest days). - If compensatory rest is not possible, the employer must pay 200% of the employee's salary as overtime compensation. - Overtime on weekdays is paid at 150% of the normal salary. 2. **Statutory holiday overtime**: - Overtime on statutory holidays must be paid at 300% of the normal salary and cannot be replaced by compensatory rest. 3. **Weekend overtime**: - Overtime on weekends can be arranged as compensatory rest instead of overtime compensation. If compensatory rest is not possible, the employer must pay 200% of the employee's salary as overtime compensation. If an employer handles all overtime work with a "compensatory rest" package, the overtime hours on statutory holidays and weekdays constitute underpayment, and employees can claim the difference in compensation.

1. Problem background and typical scenarios

The common practices in the Internet and manufacturing industries are as follows: overtime work is always converted into compensatory leave, and employees who work on holidays also receive "compensatory leave coupons"; when employees leave the company, their compensatory leave is reset to zero, and the company defends against claims for overtime pay by arguing that "the compensatory leave has already been used up" — 90% of employees are unclear about the boundaries between compensatory leave and overtime pay.

II. Key points of contention

1. The multiples of overtime and the substitution rules for the first and third categories. 2. The time limit and conversion of compensatory rest. 3. Special rules for irregular working hours and comprehensive working hours. 4. The burden of proof for overtime facts.

III. Professional analysis by Henglue Lawyers

First, the hard boundaries of the rules: - Extended working hours on weekdays - 150% of normal hours, with no substitution allowed; - Overtime on rest days - Rest days can be arranged for make-up rest first, but for those unable to do so, the rate is 200% of normal hours. Rest periods vary across regions (in Beijing, employers are generally required to arrange make-up rest as soon as possible, and failing to do so within a reasonable timeframe is considered a violation requiring payment); - Legal holidays - 300% of normal hours, with no substitution allowed (the value of legal holidays is non-transferable and constitutes a legal minimum standard). A common misconception is that "shifting holidays to make up for rest days is acceptable," which is illegal. Second, operational details of make-up rest: - Make-up rest should be equivalent to the length of overtime (8 hours of overtime requires 8 hours of make-up rest, not a discounted rate); - Unused compensatory leave at the time of employee departure should be converted to overtime pay (provisions requiring "clearing all leave balances upon departure" are invalid); - The employer retains the right to arrange make-up rest but must consider employee schedules. Local policies requiring "exhausting all leave within the month or forfeiting it" are illegal, with unutilized leave converted to overtime payment obligations. Third, exceptions to the working hour system: - Flexible working hours (approved positions like executives or field workers) do not apply overtime pay standards (though some regions still pay for legal holidays); - Under the comprehensive working hour system, overtime exceeding total hours is paid at 150% of normal rates, with legal holiday work still at 300%; - Both systems require approval by labor administrative authorities. Enterprises using the "flexible working hours" label to evade overtime payments are illegal. Fourth, evidence and claims: - Proof of overtime - attendance records, overtime approval forms, late-night chat logs/emails in work groups, duty rosters, and access control records (can request retrieval); - Refuting claims of "overtime pay included in fixed wages" - re-calculating overtime based on actual hours; - Claims process: Collect evidence monthly during employment and file all claims within one year of termination; - Arbitration vs. settlement: Opt for arbitration for clear and substantial claims, preceded by written demands to establish negotiation records.

IV. Practical suggestions and legal basis

The first step is to distinguish the types of overtime work. For holidays and extended overtime, refuse to offset them with compensatory leave. The second step is to preserve evidence of overtime work, such as attendance records, approval documents, and chat records. The third step is to calculate the difference between unused compensatory leave and overtime pay before leaving the company and send a letter to demand payment. The fourth step is to apply for arbitration to claim the difference within the statute of limitations and review whether the unit's working hour system has been approved. The main legal basis: Article 44 of the Labor Law of the People's Republic of China, Article 13 of the Interim Regulations on Wage Payment, and the Regulations on Wage Payment in Beijing; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Advice

Three key points about compensatory time off for overtime work: Only overtime work on rest days can result in compensatory time off, while overtime on extended working hours and holidays must be compensated in cash; compensatory time off is not cleared at the end of the month and will be converted into cash upon resignation; evidence of overtime work should be collected regularly, and attendance group chats and access control records are all proofs. Those involved in disputes over overtime pay can seek help through legal channels.Labor arbitration and work-related injury compensationWe can provide a comprehensive solution for the service, which includes the flexible working hours system.Intellectual property protection and corporate lawFor plates involving exit settlement, you can refer to the relevant information for referenceSpecial servicesFor any questions regarding difficult cases, please feel free to consult us.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: Is it legal to adjust working hours during the National Day holiday?

It's illegal. For overtime work on statutory holidays, the employer must pay overtime wages at a rate of 300% and cannot substitute it with compensatory leave.

Q2: What should I do if my accrued leave is reset to zero when I resign?

The unused compensatory leave should be converted into overtime pay, and the zero-clearing clause is invalid. The converted amount should be specified in the settlement of the employee's departure, and the arbitration shall be initiated within the statute of limitations for refusal to pay.

Q3: Is it true that the company claims that overtime pay is already included in the salary?

It depends on whether the split is explicitly stated and whether the amount is sufficient. If the packaged salary is not calculated in full according to the multiplier, the difference can still be claimed.

Q4: Is working on Saturday definitely considered overtime?

Under the standard working hours system, employees who work overtime on the weekend can either take compensatory leave or receive double pay. For the approved comprehensive working hours system, overtime hours are calculated on a cyclical basis, and the excess hours are paid at a rate of 150% of the normal hourly wage.

Q5: Can only the attendance records prove that I worked overtime?

It can serve as basic evidence, and together with the approval and work output records, it forms a more stable chain; for those who only clock in but don't have work content, the employer can argue that they haven't arranged overtime work. The more complete the evidence chain is when making a claim, the better; finally, a reminder: the approval of overtime arrangements and attendance records are the employer's obligation to keep, and the employer will bear unfavorable consequences if they refuse to provide them. Workers don't need to give up their claims easily because of flaws in attendance records.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions 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, so as 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 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. If you encounter disputes, please consult a practicing lawyer in time.