节假日被老板@算加班？法院详解

Core Viewpoint - The court ruling in Xiangtan recognizes that handling work-related tasks via WeChat or similar platforms after hours constitutes overtime work, leading to the requirement for companies to pay overtime compensation [1][2]. Group 1: Case Summary - Engineer Xiao Wei, after being required to work during holidays and after hours, sued his former employer for unpaid overtime, resulting in a court ruling that awarded him 5,000 yuan in overtime pay [2]. - The court found that Xiao Wei's activities, such as attending meetings and reporting work progress via WeChat during holidays, constituted substantial labor and thus qualified as overtime [2][3]. Group 2: Criteria for Overtime - The Xiangtan court established that "invisible overtime" is determined by whether the employee provided "substantial labor," which includes factors like mandatory work assignments, occupation of rest time, and the need for mental or physical effort [3]. - Simple acknowledgments like "received" or "okay" do not qualify as overtime, but sustained engagement in complex tasks does [3]. Group 3: Legal Framework - According to Article 44 of the Labor Law of the People's Republic of China, overtime pay is mandated under three conditions: extended work hours, work on rest days without compensatory time off, and work on statutory holidays, with respective pay rates of 150%, 200%, and 300% of the regular wage [4]. - The law does not specify the location or form of work, meaning that overtime pay is required regardless of whether the work is performed in the office or remotely [4]. Group 4: Evidence and Rights - The court advised employees to preserve all evidence of overtime work, including chat records, emails, and meeting logs, to support their claims [5]. - Employees are encouraged to confirm work details in writing when asked to work overtime and to assert their rights if unpaid overtime becomes a norm, with options to escalate to labor authorities if necessary [6].