Telecommuting and flexible employment have become the norm in new media and other industries, and disputes such as "Does working online after work count as overtime?" are increasing day by day. According to the "Nantong Tongzhou People's Court", the plaintiff Xie signed a labor contract with a supply chain management company, stipulating that the position was a new media operation, and overtime must be approved by DingTalk.
Later, the company appointed him as "Operation and Customer Service",It is clear that the working hours are from 9:00 to 24:00, of which 18:00 to 24:00 is the customer service duty time, but the attendance shows that Xie clocks in at around 18:00 every day..
In 2024, Xie claimed that customer consultations, orders and other matters need to be handled through WeChat, Douyin and other platforms after get off work and on statutory holidays. There was a large amount of off-site fragmented overtime, and he requested the company to pay relevant fees.
The company argued that Xie failed to fulfill the overtime approval procedures.The work is not completed in the office, and some accounts are shared by employees. It is impossible to identify his personal labor and deny the fact of overtime work..
The Tongzhou Court held that the core of overtime work is the provision of labor outside statutory hours, without limiting the location. The online work records submitted by Xie are sufficient to prove his overtime work; overtime approval cannot be used as an absolute reason to deny actual labor; taking into account the fragmented characteristics of new media positions, the length of overtime work can be comprehensively determined.
final court discretionThe company was sentenced to pay Xie 12,000 yuan in overtime pay, 2,000 yuan in performance wages and more than 18,000 yuan in economic compensation. Other claims were rejected, and the second instance upheld the original verdict..
