According to the report, a white-collar worker of the surveyed enterprise reported that they had consulted relevant legal institutions and thought that the law paid attention to evidence and the unit did not explicitly ask for overtime work. Therefore, even if employees resort to the law, the possibility of winning the case is very small, and the white-collar workers in the company are basically shift employees, not sales and field work, so it is really unreasonable to let them "sit with the boss" endlessly.
In this regard, some people in the legal profession said that the recent situation of white-collar workers being "overtime" belongs to company coercion or disguised coercion, and of course it belongs to infringement. This situation either shows that the enterprise's work intensity is too high and the workload is beyond the normal range. If so, the enterprise should adjust the work content and intensity and arrange the work reasonably; Either it shows that the enterprise has not fulfilled its management responsibility, because even if employees work overtime voluntarily, it is illegal and the enterprise has the responsibility to stop it.
In case of overtime, there are two ways to help employees defend their rights. One is to report to the superior trade union or regional trade union, and the superior trade union will investigate and negotiate to safeguard the legitimate rights and interests of employees. Another way is to report complaints to the labor inspection department, which will stop the infringement of enterprises.
Labor law experts also reminded that employees must master and save evidence (as evidence of reflection and complaint), including witness and physical evidence, such as time cards (with records of commuting time), work records (with records of working time and work content) and work content records sent back and forth by the unit computer. In addition, it also includes personal certificates that can prove working hours, such as front desk staff and cleaners.