2023-05-28 13:10:57
The employee sued the company for 500,000 yuan in overtime pay. (Schematic / Pexels)
A staff member surnamed Lu who worked in a hotel management company in Beijing was choked on for asking for overtime pay of RMB 116,000 (approximately NT$500,000) from the company.fake overtime」、「malicious overtime“, so angry that he filed a lawsuit once morest the company. The court finally ruled that the company must pay RMB 56,000 (approximately NT$240,000) in overtime pay.
According to the “Daily Economic News” report, the employee surnamed Lu (ㄌㄨˋ) signed a three-year labor contract with the company on July 26, 2018, with a monthly salary of 9,000 yuan (regarding NT$40,000), and agreed that overtime work must be approved. The department head agreed, but the two parties went to court for overtime pay in 2021 when the contract ended.
The staff surnamed Lu demanded 23 weekends and 1,200.8 hours of delayed overtime during his tenure, a total of 116,000 overtime pay, and 36,000 (approximately NT$150,000) compensation for the termination of the contract, and provided relevant documents to support it. The first-instance judge did not accept the company’s claim of invalid overtime following examining the certificate issued by the employee surnamed Lu and the company. However, due to the nature of the employee’s job, he did not support his claim for weekend overtime pay.
After both the employee surnamed Lu and the company filed an appeal, the judge of the second instance rejected the invalid overtime claim once more, and also overturned the 91-day overtime determination in favor of the employee in the first instance. The company of the first instance must pay a judgment of 56,000 yuan.
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