With the development of the Internet, it has become normal for workers to process work through online platforms. Can employees receive overtime pay for online overtime? How should overtime hours and substantive work content be determined? 【 Case Review 】 Dong worked as a recruitment specialist in a management company, responsible for recruiting and training riders. Dong said that because there are riders joining every day, it is necessary to constantly coordinate with the technical department to generate training courses and follow up on the training throughout the process, and deal with them in case of rider disconnection or network lag. Dong advocates that if the daily working hours meet 11 hours, the company will issue one dinner voucher, and after 22:00, the company will reimburse the taxi fare. Based on the recorded hours of leaving work after 22:00 and 337 evening meal vouchers in the system, the extended overtime hours can be calculated. At the same time, screenshots of work emails, WeChat group screenshots, etc. show that they reply to work information at night on some working days, rest days, and statutory holidays. Based on this, Dong requested the company to pay overtime pay. The company refutes that the labor contract between the two parties stipulates the implementation of overtime approval system, and Dong has not submitted any overtime application. Dong said that due to the shortage of labor for riders, training is also required on weekends and holidays, but they can operate remotely from home; Overtime is arranged directly by a certain management company and does not require overtime approval. The Beijing Third Intermediate People's Court believes that considering the nature of the industry and the characteristics of Dong's position, work tasks often have a certain periodicity. When assigning work tasks and setting completion time requirements, employers may indirectly encourage employees to work overtime to complete them. Therefore, the setting of relevant overtime systems should not be overly strict. The WeChat records submitted by Dong can preliminarily prove the actual situation of handling work on late working days, rest days, and statutory holidays. The court accepts Dong's claim of overtime during his tenure. However, considering that overtime is not simply a matter of time passing, but requires specific job content as support, the court comprehensively considers the situation of Dong's position, compensation standards, overtime subsidy forms, and the company's business characteristics, and determines the amount of overtime pay at its discretion in accordance with the law. [Taking the case as a lesson] Xue Qiang, a member of the Party Leadership Group and Vice President of the Third Intermediate People's Court of Beijing, said that with the advent of the Internet era, the office locations and office ways of workers have gradually become digital and diversified, and the resulting forms of overtime have also gradually increased. The phenomenon of using WeChat and other social media, online video and other forms of work in the break time has emerged, and the boundary between work and life of workers has become increasingly blurred. Overtime has gradually become invisible, and the break time has become fragmented. Forced overtime and invisible overtime often occur. At the same time, some employers evade their obligation to pay overtime pay in various forms, leading to frequent related problems. Xue Qiang gave an example that some employers have determined through rules and regulations that overtime work must be approved by employees, but have not established an operable approval process, or have not strictly implemented the approval system in daily practice, but refuse to pay overtime pay on the grounds of overtime; Some employers apply the special working hour system without approval, or violate the rules by applying the special working hour system to ordinary positions, indirectly arranging workers to work overtime for free. Compared with traditional offline overtime, online overtime has the characteristics of invisibility and fragmentation. It is more difficult to determine whether workers have put in substantial labor and the specific overtime hours, and the burden of proof for workers is higher. ”Gong Yongchao, Deputy Chief Judge of the Filing Division of Beijing Third Intermediate People's Court, said. In response, Huang Haitao, the chief judge of the case filing court of Beijing Third Intermediate People's Court, reminded that workers should strengthen their awareness of evidence retention. If the employer has an overtime approval system, workers should submit overtime applications in accordance with regulations and timely preserve evidence such as work hours, work results, and communication records with the unit or clients to avoid legal risks of losing the case due to inability to provide evidence in case of disputes; If an employer needs to arrange overtime work for its employees due to work requirements, it should promptly and fully pay overtime pay to avoid the risk of paying economic compensation for terminating the labor relationship due to delayed overtime pay. (New Society)