This article is general information, not legal advice. Every case is examined on its own facts, and every cause of action has its own limitation period.

Many employees who weren't paid for overtime give up on a claim because they think that without a time clock they have nothing to show. That's a mistake. The Hours of Work and Rest Law places a duty on the employer to keep a record of actual working hours, and when the employer doesn't meet that duty, the burden of proof shifts largely onto them. In this article I explain how that works, what you can bring instead of a time clock, and why a payslip showing a fixed "global" overtime figure doesn't automatically let the employer off the hook.

The duty to keep an hours record

The Hours of Work and Rest Law requires an employer to keep an accurate record of each employee's actual working hours: when they started, when they finished, and when they took a break. This isn't a recommendation, it's a duty. An employer who doesn't keep such a record isn't only breaking the law, it also changes the picture in court if a dispute arises over overtime.

What happens with no record: the burden of proof shifts

This is the part most employees don't know, and it's exactly what makes cases like this workable. When the employer hasn't kept the required hours record and a dispute arises over overtime, the burden of proof doesn't stay on the employee alone. The employee needs to bring a reasonable, consistent account of their working hours, and then it's up to the employer to prove otherwise, instead of the employee having to prove every single hour. That's a significant shift from the ordinary rule that whoever makes a claim has to prove it.

Without an hours record from the employer, the employee doesn't have to prove every minute. They need a reasonable account, and then it's the employer who has to rebut it.

What you can bring instead of a time clock

Employees tend to think that without a punch card or a digital attendance system they have nothing. In practice there are plenty of sources that can serve as evidence of actual working hours:

  • Text messages or WhatsApp messages with a manager or colleagues around arrival and departure times.
  • Entry and exit logs from a facility, if there's a security system or card access.
  • Work schedules and shift rosters the employer handed out, even if they weren't always updated precisely.
  • Testimony from co-workers who can confirm your hours of attendance.
  • A personal log or record the employee kept in real time, not written up after the fact for the claim.

The more consistent the account, and the more it's backed by different sources, the harder it is for the employer to rebut it.

A payslip with global overtime: not an automatic pass

Many employers pay a fixed sum labeled on the payslip as "global overtime," and assume that settles the matter. That isn't automatically true. For an arrangement like that to be valid, it needs to roughly reflect the actual overtime the employee really works, and be agreed to by the employee knowingly, not just appear on the payslip unilaterally. A payslip showing a fixed monthly sum, with no connection to the hours actually worked, doesn't necessarily release the employer from the duty to pay what's actually owed.

What to do now

If you worked overtime and don't have an official time clock, a few steps help build a case:

  • Collect every message, email, or screenshot that shows actual working hours.
  • Ask co-workers if they're willing to confirm in writing what they remember.
  • Keep every payslip, including old ones, and any work schedules you have.
  • Start documenting your arrival and departure times now, in real time.
  • Check the limitation deadlines, because the longer time passes, the harder it is to reconstruct the picture.

One conversation is usually enough to assess whether there's a case here, and what's worth collecting to strengthen it.