China's courts will favor worker claims for overtime payments in lawsuits where neither the employee nor the employer can provide proof of time worked, the Supreme People's Court declared on September 14.

The court's judicial explanation stipulates that an employer also has a burden of proof if employees sue for overtime payments.

Lawsuits brought by workers against employers for overtime payments have increased significantly since the implementation of the Law on Mediation and Arbitration of Labor Disputes on May 1, 2008, said the explanation, the third on the law issued by the Supreme People's Court.