- Unpaid Overtime (employment dispute)
Am I entitled to overtime pay from your employer?
You are entitled to overtime pay if your working hours exceed 40 hours per week or eight hours per day (excluding breaks)
There are still cases in which overtime pay (wage/salary) is way too low at companies ranging from small to medium, and overtime pay (wage/salary)has been more prevalent. You are entitled to overtime pay if your working hours exceed 40 hours per week or eight hours per day excluding breaks.
This is legally defined and is the right under the Labour Standards Law.
If you are concerned about your working situation, please consult with us (we offer free consultation).
We will investigate to see whether your company's wage payment system is in accordance with the law.
If there is any unpaid overtime , you have the right to receive it by law.
Four typical misunderstandings in claiming for overtime
Overtime is the legitimate wage that an employee receives as compensation for his or her work.
In some cases, people usually get confused as to what is billable.
In general, here are some examples of misunderstandings.
Overtime will not be charged for annual salaries and percentage wages.
Even if you are on a annual salary, you are still entitled to overtime pay.
Even in the event of a Year salary system or a percentage system, the overtime payment must be paid for those deemed to be overtime work outside the Hours.
Therefore, you have the right to receive it.
There are cases in which overtime is paid even if the employee is in managerial positions.
Although it is correct to say that management positions tend to not receive overtime pay (wage/salary), it is not always the case that you do not receive overtime because you are in the managerial position. For instance, managers who are on low wages or who do not have the authority to direct and supervise are regarded as ordinary employees, so they are entitled to overtime pay.
You may also charge unpaid overtime after resignation or retirement.
There have been a significant increase in the number of cases where overtime payments are billed after retirement.
If you are worried about overtime at the moment when you are about to retire, it is recommended that you keep and manage documents and time cards that will serve as the basis for overtime costs while you are in office.
It is possible to disclose facts without any evidence at hand.
Some companies do not manage their disbursements using time cards.
There are a variety of attendance management systems, such as personal computers and ID cards in recent years. However, even without proof on hand, we can order the company to disclose the facts.
It's easy to ask lawyers to bill overtime payments!
Legal experts will respond to your objections on your behalf.
In the event of a request for overtime payment, the Company may argue as follows.
- [Since the salary system is a Year salary system, overtime is not incurred in the first place.]
- [The overtime is already included in the basic wage.]
- [Overtime is paid in the name of a sales allowance.]
In fact, there are many companies who will rebut claims for overtime payments.
For this reason, it is conceivable that negotiations will not take place even when the individual in question directly confronts the company management.
In reality, however, there is no valid reason in law that justifies not paying for overtime work.
Lawyers can discuss these issues based on the law.
Released from the trouble of collecting and organizing evidence and legal proceedings
In order to charge unpaid overtime, you must prove that overtime has been overtime on the basis of your argument.
We must also organize the evidence and verify the overtime Hours between the largest 2Year against the Extra wages rate.
The calculation method is also special, and it is very difficult for the general public to complete it alone.
Depending on the company's response, you may take legal action or speak in court.
If you ask us, you can entrust us with all the clerical procedures, organizing and calculating evidence, etc.
The mental stress of contesting can be eliminated in its entirety.
We understand that many of our clients would rather not discuss tricky subjects such as overtime pay (wage/salary) with their current or former employers.
Some companies may also show some reluctance in accepting your entitlement for overtime pay (wage/salary), and this can be a very stressful thing for many people struggling to make ends meet.
This is why we recommend that anyone concerned about overtime pay (wage/salary) consult our firm, as our experienced attorneys will negotiate on your behalf to recover the money you are entitled to receive.
There is also a statute of limitations on overtime bills! (the right to demand is extinguished by 2Year!)
It is stipulated that wages, including overtime, shall be extinguished by prescription (Labour Standards Law article 115) unless invoiced between 2Year.
Conversely, unpaid overtime can receive the maximum 2Year.
However, if it is not demanded, it would Date be lost by statute of limitations from time to time.
If you feel that you continue to pay unpaid overtime for long-term work, please consult with your lawyer as soon as possible.
How is overtime (Extra wages) calculated?
The following formula can be used for the calculation of Extra wages.
[Rate of Hourly wage] x [Extra wages of the employee] x [Number of working Hours outside the statutory Hours]
※The rate of Extra wages varies according to what conditions and when work was done.
Key points for calculating Extra wages (calculated on an hourly basis)
As you can see from the formula, the Extra wages must be "converted to Hourly wage".
This is the same regardless of the type of salary: Year salary system, Month salary system, Date salary system, hourly wage system.
For this reason, the Year salary system, the Month salary system, and the Date salary system need to be reduced to the "Hourly wage" as in the case of the "Year"→"Month"→"Date"→"Hours" system.
Extra wages principles
The Labour Standards Law stipulates that you are entitled to overtime pay if your working hours exceed 40 hours per week or eight hours per day excluding breaks.
To break this down, there are two ways where you may be eligible:
Your work hours exceeds 8 hours a day .
You work in excess of 40 hours per week
Now let's think of a specific example of "6 days of work per week at 7 hours a day"
Whilst the daily working hours is less than the 8 hours stipulated in law, all together since you work 42 hours in a week, you are entitled to overtime pay by law.
In this case, therefore, Extra wages must be paid for the excess of 2 hours.
In this way, there are two main points in the rule, so the calculation method is not a simple aggregation.
The Extra wages rate also varies according to the following conditions.
At what timing is it best to ask a lawyer?
Approximately 50% of our clients come to our offices at the stage when he/she has decided to resign or retire.
It is possible to claim unpaid overtime immediately after leaving the company (although you are advised to make arrangements before you leave), and it is also possible to avoid having to meet with the company after leaving the company.
Please note, however, that in the case of consulting after resignation or retirement, the "prescription for billing unpaid overtime" shall be referred to as 2Year.
For this reason, it is necessary to immediately consult with you when leaving or changing jobs.
To those who live in the vicinity of Mito City and suffer from labor problems such as overtime work
The Labor Trouble Legal Profession Corporation pursues social justice in that it protects workers rights.
Unpaid overtime is a complete breach of the Labour Standards Law and is subject to criminal penalties.
If overtime is actually occurring, the Company is obliged to pay the overtime fee to the employee.
Please feel free to consult us because our office provides all-out support for such labor troubles.