The fact that workers claim the existence of overtime is the key to reviewing the evidence. It is very important for employees to prove the existence of overtime, because overtime pay is a legitimate right and interest of employees. However, in practice, workers are often faced with difficulties in adducing evidence. Therefore, workers should know how to review evidence to ensure that their legitimate rights and interests are protected.
First of all, the employee should keep evidence related to overtime. This evidence can include attendance records, work schedules, work task records, pay slips, etc. If the employer does not provide such evidence, the employee can collect evidence by taking photos or recordings with his mobile phone. At the same time, the employee should also pay attention to the legitimacy and authenticity of the evidence to ensure that the evidence provided can be accepted by the court.
Second, the employee should review the content of the evidence. When reviewing the evidence, the employee should carefully check the evidence such as attendance records and work schedules to ensure that they are consistent with the actual situation. If any inconsistencies are found, the employee shall promptly raise a challenge and provide the court with corresponding evidence to prove it. In addition, the employee should review the completeness of the evidence to ensure that the evidence provided fully reflects the existence of overtime.
Finally, the employee should understand the court's criteria for determining the fact of overtime. When determining the fact of overtime, the court will usually consider factors such as whether the employer has paid overtime pay and whether the overtime work complies with the law. If the employer has already paid overtime pay, or the overtime work does not comply with the law, then the fact of overtime claimed by the employee may not be recognized by the court. Therefore, workers should understand the court's determination criteria to ensure that their legitimate rights and interests are protected.
In short, when an employee asserts the existence of overtime, he or she should know how to review the evidence to ensure that his or her legitimate rights and interests are protected. At the same time, employees should also understand the court's criteria for determining the fact of overtime to ensure that their claims can be supported by the court.