Core Viewpoint - The case highlights the issue of "invisible overtime," where employees are required to work outside of regular hours, including holidays, through communication platforms like WeChat, and the legal recognition of such work as eligible for compensation [1][2][3] Group 1: Legal Recognition of Invisible Overtime - The court ruled that the employee's use of WeChat for work during holidays constituted overtime, leading to a compensation order of 5,000 yuan [1] - The judgment emphasizes that even outside of traditional working hours, employees engaged in work-related activities via instant messaging should receive appropriate remuneration [2][3] Group 2: Criteria for Recognizing Invisible Overtime - The court established that "invisible overtime" should be recognized based on whether the employee provided "substantial labor," which includes factors like "work compulsion," "interruption of rest time," and the exertion of "mental or physical effort" [3] - Simple acknowledgments or brief responses in messaging platforms are generally not considered as overtime, ensuring a balanced approach to labor rights [3] Group 3: Implications for Labor Rights and Employer Costs - The ruling aims to protect labor rights while also considering the financial implications for employers, preventing an unreasonable expansion of labor rights that could increase operational costs [3] - The case serves as a reference for other courts, promoting a more reasonable recognition of overtime in the context of modern communication practices [3]
合理认定“隐形加班”,平衡劳资权益
Nan Fang Du Shi Bao·2025-10-27 05:25