Whether it is an hour-long postponement after work or a "996", the need to work overtime has become the norm for workers. For overtime, the conscientious employer will pay you overtime pay according to your actual salary, and the almost one will calculate the overtime pay according to the minimum wage, and the most unconscionable will also be the most, which is to use various "cakes" to let you work overtime "for free". For the claim for overtime pay, if the overtime pay is still in existence, how many years can it be pursued?
Although, in the Law on Mediation and Arbitration of Labor Disputes, Article 27 stipulates that "the limitation period for applying for arbitration of labor disputes is one year..."In the event of a dispute arising from arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article"According to the understanding of this regulation, it seems that as long as we are in the company, we can go back to the overtime pay at the time of employment. But this is not the case in practice, and this is because:
First of all, when claiming overtime pay, the law requires the employee to prove the existence of overtime in advance. Few workers take care to keep evidence of overtime years old.
Second, in accordance with the relevant provisions of the Interim Provisions on Payment of Wages, many employers will only provide salary records within two years, and for those that are more than two years old, they will reply that they have been destroyed and cannot be provided. (The employer must record the amount and time of payment of wages to the employee, the name and signature of the recipient in writing, and keep it for more than two years for future reference.) ）
Finally, whether it is the provisions of the Civil Code on the statute of limitations (three years) or the deliberate misguidance of unscrupulous elements, some arbitrators who do not have a solid foundation mistakenly believe that the statute of limitations for overtime pay is filed within one year of knowing or should have known. In turn, it misleads workers to go back to overtime pay within one year.
Summary: Although the retroactive period of overtime pay is stipulated in laws and regulations to be traced back to the time of employment, due to various reasons (such as cognitive error, lack of evidence, etc.), more cases in practice support overtime pay claims within two years.