China is taking steps to address the growing issue of “invisible overtime,” where employees are expected to respond to work messages and handle tasks outside of regular working hours. This follows a recent Supreme Court ruling recognizing such work as compensable overtime.

Lyu Guoquan, head of the trade union federation, proposed a legal framework for defining and compensating online overtime work. This proposal was reportedly accepted by the country’s top political advisory body, prompting discussions with various government agencies.

The issue was also highlighted by the Supreme People’s Court President, Zhang Jun, who emphasized the need to protect employees’ offline rest time alongside online work. He further clarified that courts would consider “substantive labor” and “time-consuming tasks” when determining overtime, including staying online outside of work hours.

Several recent court cases have dealt with online overtime payments. One case involved a short video team director suing for unpaid overtime after being laid off. The lower court included the director’s time spent on work messages on their personal time as part of their overtime calculation. However, the Supreme Court acknowledged the challenge of quantifying such “scattered” work.

Experts believe regulations for online overtime are likely forthcoming due to the widespread nature of the issue. However, the process could take several years, with estimates ranging from two years for ministerial regulations to a much longer timeframe for a national law.

Despite the potential benefits of these regulations, some on social media expressed concerns about immediate implementation, questioning if established regulations on weekend work would be enforced first. This highlights the gap between legislation and its practical application.