- Unpaid Overtime
The unpaid overtime is your money that you should receive!
In principle, overtime pay is paid for work in excess of the 40 hours per 1 day 8 hours per week. (excluding breaks)
In reality, it is not uncommon for overtime pay to be lower than the legal rate or for it to go unpaid, especially in small and medium-sized companies. However, overtime pay is, in principle, payable for hours worked in excess of 8 hours per day or 40 hours per week.
This is legally defined by the Labour Standards Law.
If you think it's strange, please consult with our office (free consultation is in progress).
We will determine whether your company's wage payment system is normal in accordance with the law.
If unpaid overtime can be discovered, it should be guaranteed as compensation for your work, and we have the right to receive it legitimately.
Do you have this kind of misunderstanding about unpaid overtime pay?
Overtime is the legitimate wage that an employee receives as compensation for his or her work.
In some cases, it is not possible to charge unpaid overtime.
In general, the following are four examples of misunderstandings.
Does overtime pay not occur in case of the annual salary or percentage wages?
Many people assume that overtime pay is not relevant to the annual salary or percentage wages.
But this is wrong.
Even on an annual salary scale or commission system, overtime pay is still required for the portion of work that is considered "overtime". This, of course, is part of the employee's own rightful wage.
Doesn't the overtime charge occur because of managerial positions?
In a sense, you are correct in understanding that it doesn't matter if you are in a managerial position or not. However, even if you are in a "managerial position" within your company, whether or not you are in a general "managerial positions" position that does not pay overtime is a different matter. A "the nominal managerial positions" who is underpaid or has no command and control is actually considered a general employee and therefore subject to overtime pay.
Unpaid overtime pay cannot be charged at retirement or retirement?
If you have unpaid overtime pay, you can claim it later. In fact, more and more people are bringing claims for unpaid overtime pay at the time of resignation or after they leave the company in order to avoid the awkwardness of having to face each other. If you have unpaid overtime, and if you are thinking of resigning in the near future, it is a good idea to collect records such as time cards and other evidence of overtime pay now.
Can't you prove your overtime pay without proof 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 let the company disclose the facts.
Please do not give up.
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.]
It is very difficult for the ordinary person, who is not familiar with the law, to perish the company or make such claims.
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, the above content cannot be a direct reason for not paying overtime.
Lawyers can discuss these issues based on the law.
By confirming the company's objections and allowing the company to accept the mistake, the company can lead to the recovery of unpaid overtime.
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.
Negotiating unpaid overtime can be very stressful for all parties involved. In particular, it is very time-consuming to go back in time to do the accounting, which can lead to emotional conflict.
Some people do not dare to file a claim for unpaid overtime to avoid the stress caused by conflicting positions and arguments on both sides, but an attorney can help relieve the client of the stress. Unpaid overtime wages are part of the just wages you are entitled to receive.Please don't give up and consult with an attorney.
There is also a statute of limitations on overtime bills! (the right to demand is extinguished by 2 Year!)
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:
The work Hours exceeds the 8 hours a day
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?
When you decide to resign, it is the best time for consultation!
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 "statute of limitation for billing unpaid overtime" shall be referred to as 2 year.
For this reason, it is necessary to immediately consult with you when leaving or changing jobs.
For those who live near Matsuyama city and are in trouble with unpaid overtime pay
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.