If a lawsuit is ongoing due to an employment relationship, can I still claim overtime pay after more

Yes. Any unpaid remuneration owed by the employer may be requested to be repaid by the employer.

This has nothing to do with whether it has been more than a year or not.

No, labor disputes that have been more than one year cannot be filed.

Of course, you can, if it is part of the company's arrears of wages, you also deserve it, and it is also protected by labor laws.

As long as you have an overtime schedule as a basis, you can also attach a lawsuit, and you may be able to get appropriate compensation accordingly, believe in the laws and regulations and use legal knowledge well, and get back the fruits of your labor. Thank you!

If the case is still ongoing, it can be added.

As long as the employment relationship with the original employer is not terminated, you can apply to the employer for overtime pay when you work. Since the litigation stage is still underway, it is possible to request a new application for additional claim materials so that the labor arbitration case can be heard together.

If it can be traced back, the company must generally keep the overtime records for two years or more. If the company is unable to provide it, it will be based on what the litigating party says, and of course there is the best basis.

As long as the case has not yet been filed, it is possible to add a claim, and the evidence is sufficient, to confirm the labor relationship, you need to go to the labor arbitration department to apply for confirmation first, and if one party is dissatisfied with the labor arbitration award, you can apply for an appeal. If the case has already been decided, it can only be re-applied for in another case.

Yes, it is best to go to the labor office to find out the situation.

It is determined in accordance with the labor contract and the labor law.

It was not mentioned in the original complaint, and this may not be supported.

In the lawsuit, I guess this is not good to fill it in again.

The non-payment of overtime pay may be sued within one year from the date on which the parties know or should know that their rights have been infringed, and the limitation period for applying for arbitration of labor deficiency disputes is one year. The party requesting arbitration shall submit a written application to the Labor Dispute Arbitration Committee within 60 days from the date of occurrence of the labor dispute.

1. In the event of a labor dispute, if the worker wants to claim overtime pay, he can only claim the overtime pay incurred during the overtime period, and cannot claim the overtime pay during the period of non-overtime.

2. Legal provisions: Labor Law of the People's Republic of China

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) The annual lead of the wages paid to the workers below the local minimum wage standard;

4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

1. Can the company mandate overtime?

1. Employers shall strictly enforce the labor quota standards, and shall not force or disguise the source to force workers to work overtime.

2. In addition, Article 41 of the Labor Law stipulates that due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day. If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day, but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

Article 38 of the Labor Law stipulates that the employer shall ensure that the employee has at least one day off per week.

3. If the enterprise violates laws and regulations to force workers to extend working hours, the workers have the right to refuse.

Legal analysis: overtime pay can be calculated up to the year before the labor dispute.

Legal basis: "Law of the People's Republic of China on Mediation and Arbitration of Labor Quantity Disputes" Article 29 Within five days from the date of receipt of the arbitration application, if the Labor Measurement Dispute Arbitration Commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission refuses to accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the dispute matter of Lao Min's fictitious action.

In the event of a labor dispute, the statute of limitations for applying for labor arbitration is one year;

[Legal basis].Labor Dispute Mediation and Arbitration Law

Article 27 The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration may be calculated from the date on which the parties knew or ought to have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated. If the parties are unable to apply for arbitration within the limitation period specified in paragraph 1 of this Article due to force majeure or other justifiable reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to 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; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

During the existence of the employment relationship, overtime pay is claimed to be not subject to the statute of limitations; If the employment relationship is terminated, the statute of limitations for arbitration claiming overtime pay is one year, counting from the termination of the employment relationship.

According to Article 27 of the Law on Arbitration and Mediation of Labor Disputes, the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. If a dispute arises during the existence of the labor relationship due to arrears of labor remuneration, the employee's application for arbitration shall not be subject to the limitation period.

However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III) (Fa Shi 2010 No. 12) stipulates that: "If an employee claims overtime pay, he shall bear the burden of proof on the existence of overtime work. However, if the employee has evidence to prove that the employer has evidence of the existence of overtime work, and the employer fails to provide it, the employer shall bear the adverse consequences."

According to Article 6 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor, the wage schedule of the employer shall be kept for at least two years for future reference, and if the evidence of the employer has not been kept for more than two years, the employee shall bear the full burden of proof. As a result, some overtime payments over two years are often not supported due to poor evidence.

Yes, in practice, it is basically two years of protection, because the statute of limitations for civil disputes by the court is two years, and the employer retains the attendance of the employee for two years, so the statute of limitations is only two years, and labor arbitration is often only protected for one year, because the statute of limitations for labor dispute arbitration is within one year.

Legal analysis: If the employee sues the court because of a labor dispute, the court generally supports the employee's overtime pay for 2 years, and if the employee does not have evidence of increasing the speed shift, it will generally not be supported. An application for labor arbitration can recover overtime wages from two years ago, but the employee needs to bear the full burden of proof.

The calculation method of overtime pay on working days: monthly wage, overtime hours, times; Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages; Calculation method of overtime pay on statutory holidays:

Monthly wage: 3 times the number of overtime hours. Evidence to prove overtime hours mainly includes: attendance sheets, attendance cards, overtime approval bills, overtime notices, surveillance videos, witness testimony, written records of the work done during overtime, e-mails, etc.

Legal basis: Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 100% of the wage; 2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid; 3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.