1. Supreme People's Court and Ministry of Human Resources and Social Security jointly issue guidance on overtime and working hours issues

In brief

The Ministry of Human Resources and Social Security and the Supreme People's Court jointly issued 10 typical employment dispute cases centered around the application of legal standards for working hours and overtime pay, in order to deal with the excessive overtime issue that has received much attention lately. We believe that these typical cases will serve as a yardstick for the handling of similar cases by arbitration institutions and courts around the country.

In our last quarterly newsletter (available here), we published an article titled "Supreme People's Court and Ministry of Human Resources and Public Security expressly state that the "996" work system is illegal". That case involved a work system that was expressly defined to be a serious violation of the law. The following are other significant and interesting cases on the topic of overtime.

Determination of validity of agreement to waive overtime pay

Case summary:

Mr. Zhang was an employee of a tech company. When he entered into his employment contract, he signed an annexed agreement at the request of the company. The agreement included a statement that read: "I voluntarily apply for admission to the Company's Hard Worker Program and waive my overtime pay." Mr. Zhang later resigned for personal reasons and requested to be paid for his overtime. The company...

Read Full Story: https://www.lexology.com/library/detail.aspx?g=132302ba-c17a-40be-8029-ebff5f...