The gospel of workers can ask for overtime pay when you return to work after work?

Mondo Social Updated on 2024-02-01

"Do you want to reply to work messages after work" can be said to be a millennium problem faced by migrant workers, because as we all know, there is no overtime pay for replying to messages.

Some people say no, "The time after work is all my own, and I hope that life and work can be separated".

Some people said that it was because "I hope to make a good impression on the leader" or "if I don't return, I will be reprimanded by the leader the next day".

Some people also say that "whether to reply to messages or not depends on whether the work is urgent".

Ding——"When you are ready to sleep, the WeChat bell rings, and the leader sends a message, "Xiao Li, can you send me the report in advance tonight";

When you were about to go out for supper with your friends, the customer sent a message again, "Xiao Li, there is a problem with the xx place, take a look";

When you are immersed in sleep on the morning of the weekend, the leader's deadly serial call wakes you up, "Xiao Li, send me the xx report" ......

Like this, I believe that many migrant workers feel the same way.

The endless messages, the endless **, the 99+ message prompts from time to time, it is really about to make people nervous.

Whenever I receive a work message from the leader after work, my resentment at that moment can be said to be no problem to raise ten evil sword immortals.

"Overtime pay" court sentenced!

Not long ago, "30,000 yuan was compensated for returning to work after work" appeared on Weibo hot search, which is also the first case in the country that clearly pointed out the ** overtime work case in the judgment document.

In this case, Ms. Li was terminated by a technology company on the grounds that she was absent from work for more than 3 consecutive days.

To that end, Ms. Li filed a lawsuit against the tech company, demanding that the company pay her overtime during her previous tenure with the company.

Ms. Li said that she worked more than 500 hours of overtime after work, on rest days and on statutory holidays, but the company did not pay the relevant expenses.

In the end, the court ruled in the second instance that the company should pay Ms. Li 30,000 yuan in overtime pay based on evidence such as chat records, shift schedules, screenshots of DingTalk attendance records, and the "Holiday Community Official Account Duty Schedule" submitted by Ms. Li.

WeChat chat history submitted by Ms. Li.

So, how do you determine if replying to a work message is overtime?

Where a worker uses social ** to carry out work during non-working hours, which goes beyond the scope of ordinary simple communication, and has paid substantial labor content or uses social ** work with periodic and fixed characteristics, and obviously occupies rest time, it shall be found to be overtime.

If it is only a simple communication, which is occasional and temporary, and does not affect the normal life and rest of the employee, it should not be deemed to be overtime.

In addition, it should be noted that employees can also engage in other life activities while working overtime, and it is unfair to use all hours as overtime hours, so the amount of overtime pay should be determined according to evidence such as frequency, duration, content, and salary standards.

Therefore, overtime pay is not based on the overtime hours you provide, but is determined at the discretion of the court.

If you want to be like Ms. Li and want the company to compensate for overtime pay, you should collect evidence, such as chat records, attendance sheets, pay slips, etc., so that the court can make a decision.

"** overtime" is everywhere

In today's context of Internet big data, the working mode of workers is becoming more and more flexible, and everyone can provide labor anytime and anywhere through computers and mobile phones, without being confined to the work location or office workstation provided by the employer.

*Overtime" is also like a tarsal body, which is rigidly attached to the body of people in the workplace.

The workload has not changed, but it is required to be completed in a shorter time, and if you can't finish it in the company, you can go home and continue.

Even if the workload is completed in the unit, after work, you still have to pay attention to the news in the work group at any time, and sometimes you have to answer the leader's "life-threatening serial call" in the middle of the night.

If you don't reply to the message in time or don't receive **, then you just wait for the "cordial greeting" from the leader the next day.

This kind of first-class work kidnapping mechanism makes it difficult for employees to get rid of work during breaks, making life and work a mess, which is physically and mentally exhausting.

First of all, the frequency and recurrence of the phenomenon of "* overtime" is closely related to the overtime culture that has been formed for a long time.

Although people have been vigorously denouncing the "996 work system" before, the overtime culture that has been formed for a long time has actually been deeply rooted in the deep concepts of many people in the workplace.

Second, although the labor law clarifies the relevant provisions on work breaks and overtime, people also know that "overtime" is unreasonable.

But due to the pressure of reality, most people in the workplace still have to do it.

Sometimes some people "resist" it, and not only are the problems not solved, but they are also labeled as "thorns", or even marginalized.

Although according to the labor law, off-duty time is private time, in principle, you can choose not to respond to work messages.

But many people will also say that they don't want to reply, but the body is very honest.

The boundaries between work and life have become blurred in modern society, and it is difficult to separate them completely.

Reply to a message or not to reply to a message

First, determine whether this is a burst of work information.

If it's an unexpected situation and you don't have anything else important, it's best to respond in a timely manner.

But if the other party often asks you for help after work, asking you to do some extra work or even overtime in disguise, then you can choose not to reply to avoid the trouble caused by overtime.

Second, determine if this is a job message that is within your area of responsibility.

If the task is a legacy of your work hours, then you need to respond and show a positive attitude towards solving the problem, which is both responsible for the work and responsible for yourself.

Finally, consider the importance of the message.

If the message is decision-making, it is important to respond in a timely manner, because failure to respond can lead to serious consequences, so you can reply in time to avoid accidents at work.

Combination of work and rest:

Pursue a work-life balance

There is a good saying: "Work is the means, life is the end." ”

Work and life should be a relationship of mutual achievement, and if you take work too seriously, life will deviate.

Of course, not taking work as a big thing does not mean slacking off, but rejecting the excessive consumption of body and mind and concentrating on refining one's core values.

Remember that work is only a part of life, it is not the whole of life, and learn to withdraw and separate yourself from going to work and leaving work.

Don't let the emotions and things of work encroach on your own free time, so that you can walk between life and work with ease.

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