In recent years, topics such as "replying to work information after work" and "online labor" have repeatedly sparked heated discussions. The recently released Top 10 Influential Examples of China's Social Law for 2023 also pay attention to new situations, new problems, and new breakthroughs in the protection of labor rights and interests in the digital age. Li, the Director of Short Video Operations, joined a cultural media company for less than two months before being terminated from his employment on the grounds that his probationary period did not meet the employment requirements. During his tenure, Li completed tasks such as responding to design proposals and improving proposals during non working hours. Li applied for labor arbitration and filed a lawsuit, demanding that the company pay overtime pay. The court ruled at its discretion that the company should pay a delayed overtime pay of 10000 yuan. This is a typical case of wage arrears dispute jointly released by the Supreme People's Court, the Ministry of Human Resources and Social Security, and the All China Federation recently. When determining the overtime pay for "online overtime", the court comprehensively considered factors such as the frequency, duration, salary standards, and job content of the workers, and determined the overtime pay of the workers at its discretion, safeguarding their legitimate rights and interests. In recent years, topics such as "replying to work information after work" and "online labor" have repeatedly sparked heated discussions. The recently announced Top 10 Influential Examples of China's Social Law in 2023 (hereinafter referred to as "Top 10 Examples") also pay attention to new situations, new problems, and new breakthroughs in the protection of labor rights and interests in the digital age. The application of digital technology brings "new problems". In this year's work report of the Beijing Higher People's Court, a case of "invisible overtime" involving the use of social software such as WeChat was mentioned. It is reported that this is the first case in the country where the issue of "invisible overtime" is explicitly stated in a judgment document. In the case, worker Li sued the company for overtime pay from December 2019 to December 2020. The overtime content advocated by Li refers to the labor he puts in to communicate and exchange with clients or colleagues in software such as WeChat or DingTalk after work. This case recognizes the use of WeChat for substantive labor after work as overtime in accordance with the law, in line with the changing trend of labor forms in the digital age, protecting the right to rest of workers, and has also been selected as one of the "Top 10 Cases in Promoting the Rule of Law in the New Era in 2023". "The traditional overtime recognition is still mainly based on offline work, which requires consideration of whether workers are in the workplace, whether they clock in, and other situations. 'Online work' lacks consideration and recognition standards, so it is often difficult for workers to recognize overtime through social media during their rest time." said Lou Yu, a professor at the School of Civil and Commercial Economics and Law of China University of Political Science and Law. Lou Yu believes that the above-mentioned case takes "providing substantive work" and "clearly occupying rest time" as key elements for determining the issue of "invisible overtime", making it explicit and providing reference for subsequent courts to handle similar cases. In addition, the top ten examples also pay attention to the 10 typical cases of service guarantee for the development of the digital economy released by the Shanghai Higher People's Court at the end of 2023. One of the cases pointed out that the definition of personal information is based on "identifiability" as the core element, and reasonable analysis and determination of the consequences and liability for personal information rights and interests damage. This case clarifies the boundaries for the reasonable use of personal information by workers and enhances the level of personal information protection for workers. In the top ten examples, it is proposed that entering the digital age, labor competition
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