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Emails Proof of Overtime Work

Zhang lodged a lawsuit against a certaincompany and claimed overtime payment for rest days and public holidays based onemails. Beijing Miyun County Court recently closed this case and ordered thecompany to pay RMB 5,350 as overtime payment for rest days and public holidays.

Case in brief:

Zhang started work in a certain company on21 May 2012, and the service time stated in the labour contract signed by bothparties was from 21 May 2012 to 20 May 2013. On 27 June 2013, after hisresignation, Zhang claimed that he had worked during rest days and publicholidays and asked the company to pay RMB 32,735 as overtime payment. Thecompany argued that Zhang had taken weekends and public holidays off, which hadalso been recorded in the attendance sheet provided by the company. Zhangrefused to acknowledge the attendance sheet, and provided work records asstated in emails, which showed that Zhang had sent and received work emails andworked for the company on weekends and public holidays. The company refused to acceptthe emails but failed to provide evidence against the authenticity of theemails.


The court held that the emails provided byZhang reflected that he had worked during weekends and public holidays, thusZhang's overtime payment claims for weekends and public holidays should besupported. However, the emails could only show that he worked during weekendsand public holidays, and did not show the duration of work. For this reason,the court supported overtime work payment after taking into consideration thecircumstances and made thejudgment.

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