Recently in Shanghai, the Jing'an District Court admitted WeChat screenshots into evidence to support an employee's claim for overtime pay.
After losing an arbitration claim seeking unpaid overtime following a mutual termination, an employee brought the claim to court. At trial, in addition to submitting email correspondence and attendance sheets, the employee also submitted two screenshots of WeChat conversations to support the overtime claim. In one of the WeChat conversations, the employee's manager asked the employee to work on the weekend.
Based on the WeChat screenshots and the other evidence submitted, the court found that the employee had worked overtime and therefore ruled that the employer should pay the employee CNY 5,724 in unpaid overtime.
Key take-away points:
As communication through social media platforms becomes increasingly common in the workplace, employers need to be aware that work-related communications on social media platforms may be admitted into evidence against them. Likewise, employers should remember to check social media platforms for work-related communications containing favorable evidence that may be used in a dispute.