Overtime Wage Dispute Settlement

Overtime pay is an part of labor remuneration, timely and full payment of overtime doesn’t only influence labor remuneration or living standards of labors but also effect on social total purchasing power. Therefore, studying payment of overtime is beneficial to protect labors’ rights, perfect the labor legislation and promote the economic development. Though related laws that restrict overtime work have been implemented Labor Contract Law and Labor Dispute Mediation and Arbitration Law, and the crime of malicious back pay has been written into the Criminal Law, the phenomenon of defaulting overtime pay is still very common.This paper finds reasons of labors’ losing lawsuits and justice practice problems in overtime pay disputes through collection,collation and analysis of related cases. In this paper, the above problems are studied in depth on the basic of analysing related articles home and abroad. At the end of this paper, suggestions of solving overtime pay disputes will be put forward according to the specific situation of our country. The main text is divided into five parts: The first part mainly introduces the research background of overtime in the labor market and settlement of overtime pay disputes and find problems to be solved. The second part is the overview of overtime that mainly defines the relevant definitions of overtime and introduces the theoretical basis of overtime pay. The third part analyses substantive law problems in overtime pay disputes, including objects of overtime pay, the legality of package of salary system and approval system of overtime. The fourth part analyses procedural law problems in overtime pay disputes, including statute of limitations and distribution of evidential burden in overtime pay disputes. The last part is the conclusion that elaborates suggestions of solving overtime pay disputes.