Often attend online meetings after work, accumulating 134 hours of overtime in over a year! The company was ordered to pay former employee 14,000 yuan in overtime wages.

As digital work becomes more common, “shutting down the computer after work but still receiving work messages” has become the norm for “working people.” “Invisible overtime” encroaches on rest time. Can workers claim overtime pay? Recently, the Shenzhen Intermediate People’s Court released a case involving the recovery of labor remuneration. Let’s take a look.

Case Summary

In December 2021, Cheng started working at Company A. Both parties signed a three-year employment contract, agreeing to a standard work schedule of 8 hours per day and 40 hours per week. During employment, Company A often assigned tasks to Cheng via internal communication software, requiring him to handle work, attend online meetings after hours, on weekends, and during statutory holidays. In April 2023, Cheng resigned. Due to disagreements over overtime pay and other issues, he applied for arbitration with the Labor Dispute Arbitration Committee. After the arbitration rejected his claim, Cheng sued the court, requesting that Company A pay him for overtime.

Cheng claimed that during his employment, he accumulated 134 hours of overtime arranged by the company. He submitted evidence such as taxi records and online meeting logs, showing he participated in online meetings after work hours and on weekends, with durations ranging from half an hour to three hours.

Court Proceedings

This case involves a dispute over labor remuneration. The court found that the taxi departure points Cheng submitted were all from the office location. The online meeting records detailed the initiator, participants, and meeting times, forming a complete chain of evidence, proving that he provided substantial labor outside of working hours as required by Company A. Therefore, the court accepted Cheng’s claims regarding overtime at the office and participation in online meetings.

Regarding whether frequent online meetings outside of working hours constitute overtime, the court held that since Company A repeatedly scheduled online meetings for Cheng and other employees outside of work hours, with considerable length, it indeed occupied the workers’ rest time and should be recognized as overtime.

Considering the differences in the forms of overtime, duration, and impact on workers’ rest, the court ordered Company A to pay Cheng 14,000 yuan in overtime wages. After the ruling, Company A voluntarily fulfilled its payment obligations.

Judicial Remarks

“Invisible overtime” refers to a form of overtime where employers use instant messaging tools to issue work instructions, assign tasks, and require prompt responses outside normal working hours. Determining whether this constitutes “invisible overtime” is not limited to the location or form but depends on whether it substantially occupies the worker’s rest time. Factors such as the continuity of work arrangements, specificity of instructions, and substantive content should be considered.

Labor law explicitly protects workers’ right to rest. Employers repeatedly requiring employees to handle work after hours without arranging compensatory time off or paying overtime is illegal. The court’s support for workers’ reasonable claims for overtime pay is a safeguard for workers’ rights and helps foster a societal consensus that “online work yields income, offline rest is protected.”

The judge reminds employers to strictly follow working hours and labor remuneration laws, reasonably plan work tasks, and eliminate “invisible overtime.” If overtime is necessary, it should be legally compensated or compensated with time off. Workers experiencing “invisible overtime” should keep records of work notifications, online work logs, and work results to facilitate legal rights protection when needed. Both parties in the employment relationship should respect each other and fulfill their legal obligations to create a healthy digital work environment.

(Author: Shenzhen Special Zone Daily & Du Te Reporter Zhang Yan)

【Source: Shenzhen Special Zone Daily】