In recent years, "invisible overtime" has become a common problem for people in the workplace. According to the survey, 84.7% of employees suffer from "invisible overtime". This form of overtime usually occurs after work, and employees continue to handle work affairs through WeChat work groups, phone calls, etc. However, due to the lack of clear legal definitions and sufficient evidence to support them, many workers' claims for overtime pay are often difficult to support.
In 2022, when Zheng Jizhe, a judge of the Third Intermediate People's Court in Beijing, was hearing a labor dispute case, he keenly noticed the problem of "invisible overtime". The plaintiff, Ms. Li, as the person in charge of operations, often continued to work through electronic devices after work, but the court of first instance rejected her claim for overtime pay on the grounds of insufficient evidence. After carefully reviewing the case materials, Judge Zheng found key evidence and finally reversed the verdict in favor of Ms. Li's request.
This judgment is a milestone. It is the first time that the concept of "invisible overtime" has been clarified and interpreted in a judgment document, providing an important reference for the trial of similar cases in the future. This case was selected into the national court reference case database, marking the official inclusion of "invisible overtime" in the judicial vision.
Judge Cheng's judgment demonstrates the determination of the judiciary to protect the rights and interests of workers. He believes that as long as the evidence is sufficient, the protection of workers' rights and interests should be chosen. This viewpoint reflects the humanistic care of the judiciary and the care for workers. With the development of society, new situations and new problems continue to emerge in labor dispute cases, and the difficulty of adjudicating cases in the field of overtime is increasing. In the face of these challenges, judges need to keep learning, keep pace with the times, and use the weapon of the law to hold up a protective umbrella for workers.
The solution to the problem of "invisible overtime" requires not only the support of the judiciary, but also the joint efforts of all sectors of society. Enterprises should establish a sound overtime management system, reasonably arrange employees' work, and respect employees' right to rest. Employees should also learn to protect themselves and protect their rights and interests through legal means. Only by working together can we create a fairer and more humane working environment.
Judge Zheng's judgment provides a new judicial idea for the issue of "invisible overtime" and promotes the change of the problem of overtime. This judgment is not only an individual case, but also a manifestation of a judicial philosophy. It sends a signal to society that the law is always on the side of the disadvantaged and that the rights and interests of workers cannot be violated.
Let us applaud this verdict and applaud the protection of workers' rights and interests. I hope that more workers can feel the warmth of the law, and that the problem of "invisible overtime" can be paid more attention to and solved. Let us work together to build a harmonious labor relationship with law and love, and create a better future in the workplace.
Source: People
Replying to WeChat after work, is it considered overtime?