At work, according to the requirements of the company's superiors or the work needs to work overtime, but not approved in accordance with the company's relevant procedures, then, such "overtime" is considered overtime? Should overtime be paid?

The Shanghai No. 2 Intermediate People's Court announced to the public a lawsuit caused by overtime pay. According to the court, Huang is a senior engineer of an information technology company, and the company's rules and regulations stipulate that if employees need to work overtime, they should apply for and obtain permission in accordance with the company's system, otherwise the company does not need to pay overtime pay. In addition, the company also stipulates that employees must take compensatory leave for overtime work in the current month.

Zhu, the supervisor of Huang's department, sent an email to the person in charge of the company, saying that due to the busy work of the department during this period, employees had no room to take leave, and put forward two applications: one is to extend the period of use of the leave, and the other is to approve the overtime work of some personnel.

The attachment to the email shows that Huang worked a total of 8 days of overtime between 0 and 0 months. In 0/00, Huang submitted his resignation to the company, and the two parties could not reach a consensus on overtime pay and other issues, so Huang sued the court.

The company believes that Huang did not submit a formal overtime application and obtain approval in accordance with the company's regulations, so he did not agree to pay overtime pay. The court of first instance did not support Huang's claim for the company to pay overtime pay, and Huang appealed to the Shanghai No. 2 Intermediate People's Court.

"The law stipulates that an employer may appropriately extend working hours due to the needs of production and operation, but shall pay corresponding labor remuneration." Yi Susu, a judge of the civil trial division of the Shanghai No. 2 Intermediate People's Court, said that in this case, the labor contract signed between Huang and the company stipulated that if he needed to work overtime, he should apply for and obtain permission in accordance with the company's system. This agreement does not violate the law and can be used as one of the bases for handling overtime pay disputes.

"However, it should be noted that employers are not allowed to deliberately refuse normal overtime applications, deny the fact of overtime work that really exists, and must not formulate excessively stringent regulations on overtime compensation, so as to avoid the obligation to pay overtime pay by nominally granting compensatory leave but actually being difficult to enforce." Yi Susu said.

該案中，黃某的加班雖未經公司審批同意，但得到其上級主管和人事的確認，可以證明黃某確實存在加班且未調休的事實，用人單位應當支付加班費。上海市第二中級人民法院經審理認為，員工經用人單位安排加班，或確實出於工作需要而不得不延長工作時間的，用人單位以未經審批同意為由否認加班事實的存在，一般不予採納。據此，法院二審改判公司支付黃某加班費6萬余元。

Yi Susu reminded that when workers really need to work overtime, they should first carry out the corresponding application and approval procedures in accordance with the requirements of the rules and regulations, and when the company's overtime and compensatory leave system is too harsh, they should pay attention to retaining relevant evidence to provide a basis for protecting their rights in accordance with the law.

(People's Daily)