Lawmakers call for action on 'invisible overtime'

Invisible overtime, where employees are expected to work outside official hours through digital communication tools, needs to be addressed to better protect workers' rights, national legislators and political advisers suggested at the two sessions.

Lyu Guoquan, a member of the 14th National Committee of the Chinese People's Political Consultative Conference and a former official with the All-China Federation of Trade Unions, noted that current laws define working hours only in terms of physical presence, making it difficult to count work and online meetings conducted beyond official hours remotely as overtime.

Similarly, Zhao Mingzhi, a deputy to the 14th National People's Congress from Liaoning province, expressed concerns about workers being overwhelmed by work-related group chats after hours.

In highly digitalized companies, Zhao said, flexible work schedules often lead to expectations for employees to be online and responsive around the clock, resulting in actual working hours that far exceed legal limits.

However, because this work style lacks a fixed location and clear time records, the extra time employees put in isn't recognized as overtime, preventing them from receiving extra pay or compensatory time off, she noted.

A survey by China Youth Daily on expectations for the two sessions revealed that over half of respondents are concerned about regulating working hours and safeguarding their right to disconnect—the right to refuse work-related communications or tasks through digital tools outside of their legal or agreed working hours.

Relevant labor laws should be enhanced to protect workers' right to disconnect and clearly define the boundaries between work and rest, Lyu proposed. Workers should have the right to refuse non-urgent work communications outside working hours without fear of penalties from employers.

He also suggested that labor arbitration departments simplify the evidence collection and recognition process, including shifting part of the burden of proof so that employers bear the main responsibility after workers provide initial evidence.

"Excessive overtime not only infringes on workers' legal rights but also poses broader societal challenges, including affecting young people's family planning decisions and overall societal sustainability," said Lei Maoduan, an NPC deputy from Shanxi province.

Lei highlighted that in internet companies, work models such as "996" (working from 9 am to 9 pm, six days a week) and "big and small weeks" (alternating between six-day and five-day workweeks) have become normalized and institutionalized. Working hours are often tied to performance evaluations and career advancement, creating intense pressure to overwork.

Such companies should promote a results-oriented culture rather than just measuring hours worked. Relevant authorities should issue guidelines on managing work hours and establish clear communication norms for outside work hours, he said.

"Addressing excessive overtime is crucial for workers' dignity, family happiness, and long-term economic competitiveness," Lei said. "It requires persistent legal regulation, strict supervision, industry self-discipline and awareness promotion to make work-life balance a reality for all workers."