two, Li Moumou Mousu Chongqing Properties Limited labor contract disputes judicial gist: workers to prove the existence of the facts have been working overtime and overtime, to prove the specific evidence for the employer, and the employer refused to provide in the period designated by the people's court within, should be regarded as overtime according to the laborer claims.

    basic facts: August 2013 to August 2015 period, Lee in Chongqing, a certain real estate Co., Ltd. (hereinafter referred to as certain real company) in the driver's work, the basic salary of 3200 yuan per month. In August 21, 2015, the two sides lifted the labor relations. September 22, 2015, Lee to the labor and personnel dispute arbitration committee for arbitration, the request for a certain home company to pay overtime pay. December 8, 2015, Lee and the people's court. In the trial, Lee Mouju in overtime Moumou home company original administrative clerk statistics to prove that the 453 hours of overtime, certain properties limited to confirm the facts and overtime overtime to overtime, but denied it, and put forward according to the calculation of overtime materials have been filed by the company. The people's court shall order it to submit to the people's court within the specified time, but the company refused to submit.

    court of the court of the court that Lee has been cited as evidence of the existence of overtime facts, and can give evidence to prove that the evidence is relevant to work overtime for a certain real estate company. Moumou home company approved to Lee there overtime overtime on the fact that although Lee claims denied, but in the people's court shall order the relevant evidence shown under the condition that the property company refused to give certain legal consequences, should not bear the burden of the. According to Li Mouju showed evidence of a people's court finds Lee overtime for 56.6 days, after deducting off time, home to Lee Moumou company shall pay overtime 2519.99 yuan.