Jiangsu Court Rules After-Hours WeChat Replies Count as Overtime

A recent court ruling in Jiangsu Province has offered rare clarity on one of today's most common workplace dilemmas: replying to work messages after hours does count as overtime – and employers must pay for it.

The case was heard in Nantong's Tongzhou District, where a woman surnamed Xie joined a supply chain management firm in December 2023 as a new media operator. Within weeks, she was told to "temporarily" double as customer service staff. The added role pushed her workday from 9am to midnight, including a designated 6pm-12am late shift.

Officially, Xie clocked out at around 6pm each day. In reality, her work continued long after. From home – and even during holidays – she monitored WeChat group chats, replied to Douyin comments, handled private messages, and processed orders. The digital interactions, though invisible in the company's attendance records, formed a major part of her daily workload.

After resigning in May this year, Xie sued the company for overtime pay. Her employer argued she had never submitted overtime requests and that shared account use meant it was "impossible" to prove the work was hers.

The court disagreed. In its ruling, the Tongzhou District People's Court affirmed that overtime is defined by labor provided beyond standard working hours – not by physical presence in an office or a swipe on a timecard. Overtime request forms, the judge said, are internal management tools and cannot be used to deny wages for real work performed.

The ruling also addressed the challenge of documenting fragmented digital labor. For roles in social media operations and customer service, tasks are scattered and difficult to timestamp. As such, overtime can be assessed using job duties, workload, salary level, and industry practices, instead of relying solely on precise minute-by-minute records.

The company was ultimately ordered to pay more than 32,000 yuan (US$4,526) in overtime wages, performance pay, and financial compensation.

Commenting on the decision, Judge Xu Shuhua of the Tongzhou Court emphasized that the ruling breaks away from the outdated notion that overtime only exists when employees remain visibly "on duty."

Xu also urged workers to preserve digital proof – including screenshots and chat logs – before messages become inaccessible.