Mr. Zeng 曾国文，a senior employment attorney, successfully represented Max in negotiation against his employer in Shanghai, China in November, 2019.
Max had been working as arts supervisor with French invested corporation incorporated in Shanghai since February6, 2017. He was paid monthly at the rate of 35000yuan RMB after tax, including housing allowance 6000 yuan RMB. In the sencond half of 2019, the employer began to reduce staffs and offered to pay Max severance pay of one month salary for each year he served as a consideration for he to agree on the termination of employment contract on November 14, 2019. But the employer rejected to pay him any overtime pay of abouit 80,000yuan. I also found the fact the employer failed to pay basic social insurance premium for Max. I told him that it is an employer's obligation to establish basic social insurance account and make contribution for alien works in China. But Max did not know and the employer did no think so.
After examining all evidential materials to prove claims for overtime pay, I found there was no direct evidences to prove all overtime that Max had worked, but some e-mails sent by Max to his boss, which reports on his overtime and the boss's replys to such emails, which required Max to take leaves himself for all overtime he worked before the termination of the employment contract. In addition, Max also kept e-mails sent by the boss to give instruction about work task.
When I asked Max whether he would like to make the employer establish basic social insurance account and make social insurance contribution for him, he did not have such idea. Therefore, we used basic social insurance issue as a weight when we negotiated overtime pay. In the end, his boss agreed to pay Max overtime pay.