Xu used to be the technical director of an air-conditioning manufacturing and installation company, and often needed to travel to other provinces and cities to engage in on-site technical guidance for customers. The company paid Xu a food subsidy of RMB 111/day during the business trip. There is no attendance requirement during the business trip. After the business trip, fill out the business trip expense reimbursement form and submit the business trip report. The business trip report records the main work of the business trip, but does not detail the daily work.

Later, Xu applied for arbitration and asked the company to pay overtime pay for the rest day during the business trip.

Xu believes that he works in the client's office every day during his business trip, and there is no rest day in the hotel. Moreover, the business trip confirmed by the company includes weekends, and the company's payment of food subsidies to him on rest days also confirms the fact that the company recognizes his work on rest days.

for this reason, Xu provided a travel expense reimbursement form and a travel approval record to prove that his business trip included rest days, but he did not provide valid evidence to prove his work on rest days.

The air-conditioning manufacturing and installation company said that Xu had never been arranged to work overtime on weekends during the business trip. If Xu had overtime, he should go through the overtime application procedures. The company provided attendance management system and training attendance record, which proved that Xu had been trained on attendance management system and that Xu should know the contents of the system.

The attendance management system states that when employees are engaged in work outside the company's office for business trips or other reasons, and it is difficult to calculate their working hours, the normal working hours at ordinary times shall be taken as their working hours; The overtime hours of technicians shall be subject to the overtime application form, and overtime shall be reviewed and approved by the leaders; Overtime work that has not been approved by the company leaders in advance will not be recognized.

Xu confirms the authenticity of his signature in the training check-in record, but thinks that the training is actually just a process. Xu also believes that the company's human resources department did not remind him of the need to apply for overtime on rest days during his business trip, so he could not deny the fact that he worked overtime on rest days during his business trip because of the company's management negligence.

Xu's business trip includes rest days, and the company has also paid the business trip allowance for rest days. Is it necessary to pay Xu overtime pay for rest days?

because Xu failed to provide valid evidence for the fact that he worked overtime on rest days during his business trip, and the company refused to recognize it, the arbitration commission did not support Xu's arbitration request.

this case involves whether the long business trip coincides with the rest day, which is overtime. According to Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III), workers who claim overtime pay shall bear the burden of proof for the existence of overtime facts.

The relevant evidence provided by Xu, such as business trip approval record and travel expense reimbursement form, can only prove that the employer approved the business trip and paid the food allowance to him, but can't directly prove that Xu worked overtime on rest days. The attendance management system with Xu's signature stipulates that if employees are engaged in work outside the company's office for business trips or other reasons and it is difficult to calculate their working hours, the normal working hours will be their working hours, and employees need to apply to the company for overtime and get approval. The rules and regulations are reasonable and legal, and Xu has been informed in advance. Xu pleaded that there was a problem with training and the human resources department did not inform him, so he should not be supported.

Moreover, if a worker doesn't actually work on the rest day during a business trip, it should not be considered as overtime in general, and the worker can't ask for overtime pay on the grounds that he doesn't rest at home.

Therefore, in this case, whether Xu has worked overtime should be judged according to the provisions of the attendance management system. He failed to prove that he had applied for overtime work, and there was no evidence to show that the employer arranged work on the rest day of his business trip or that he had actually worked, so he could not get overtime pay.

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