- Unpaid Overtime
The unpaid overtime is your money that you should receive!
In principle, overtime is paid for work in excess of the 40Hours per 1Date8Hours and weekly.
There are still cases in which overtime costs are set at an unreasonably low level at many small and medium-sized enterprises, and overtime payments are becoming more prevalent. In principle, work in excess of 8 hours per day and 40 hours per week is considered overtime.
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 check 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 you have the right to receive it legitimately.
Four misunderstandings that tend to be bills for overtime
Overtime is the legitimate wage that an employee receives as compensation for his or her work.
However, many people often give up on their claims, thinking that a little less is not a bad thing. Here are some common misconceptions about overtime pay.
In general, the following are examples of misunderstandings.
Overtime will also be charged in Annual Salary and Commission system.
I think that there will be no overtime charges for contracts with Annual Salary and a Commission system.
But this is wrong.
Even in the event of Annual salary system or Commission system, the overtime payment must be paid for those deemed to be overtime work.
Therefore, we have the right to receive it.
There are cases in which overtime is paid even if the employee is in managerial position.
Although it is correct to say that management is not paid for overtime, it is not always the case. In other words, even managers who are set at low wages or who do not have the authority to direct and supervise are regarded as ordinary employees, so overtime can be paid.
You may also charge unpaid overtime after resignation or retirement.
"I would like to request overtime charges for unpaid overtime, but I can't step on." Recently, a very increasing number of cases are "charges for unpaid overtime after retirement." While you couldn't make a claim face-to-face while you were employed, you won't have to face the company after you leave.
As a result, there has 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.
In recent years, there are a variety of attendance management systems, such as personal computers and ID cards. 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 Annual 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 are so convinced and rebutted.
For this reason, it is conceivable that negotiations will not take place even when the general public confronts each other.
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.
Specifically, we start by organizing the paperwork and calculating the overtime hours for up to two years at a premium wage rate based on the Labor Standards Law.
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.
Not everyone likes to bring the past back, which is generally considered to have been processed.
In particular, the company is very reluctant to take actions to re-examine the past, as there are financial problems.
However, if it is "the money you should have received," the employees should, of course, recover the money.
Therefore, the intentions of both parties are different and disputes arise.
It is very stressful to think.
In order to avoid such stress, some people choose not to bill while noticing the existence of unpaid overtime.
However, lawyers will handle all these negotiations on their behalf.
Your client will only receive a report of the results from your lawyer, so you will not feel any unnecessary stress.
There is also a statute of limitations on overtime bills! (the right to demand is extinguished in 2-Year!)
It is stipulated that wages, including overtime, shall be extinguished by prescription (Labour Standards Law article 115) unless invoiced within 2-Year.
Conversely, unpaid overtime can receive within the maximum of 2-year.
However, if it is not demanded, Date will 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: Annual salary system, Monthly salary system, Daily wage system, hourly wage system.
For this reason, the Anuual salary system, the Monthly salary system, and the Daily wage system need to be reduced to the "Hourly wage" as in the case of the "Annual"→"Monthly"→"Daily"→"Hourly" system.
Extra wages principles
The Labour Standards Law stipulates that "in principle, if the working Hours exceeds the 8 Hours per day, 40 Hours per week, Extra wages payments are required."
If you're crushing this, you can draw two principles:
The work Hours exceeds the 8 Hours per day.
Work in excess of 40 Hours per week
Now let's assume that you worked 7 hours a day, 6 days a week.
It does not fall under the rule "8 Hours exceeded," but it is 42 Hours in a week. Therefore, it applies to rule (2) of "40 Hours exceeded a week."
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.
When should I claim for unpaid overtime payment ?
"When you decide to resign", "When the date of retirement or termination is determined" are the best time for consultation!
Haruka Law Offices has resolved many overtime work claims. About 50% of our clients come to us when they have decided to resign or when the date of resignation or termination has been decided. Many people choose this timing because at this point in time they are ready to file a claim for unpaid overtime as soon as they resign, and they don't have to meet with the company.
Of course, this is not to say that this is not a good time to make a claim, but there is something stressful about filing a claim while you are employed, so if retirement is close to you, we would be happy to help you with your claim with our office. Remember, however, that there is a two-year statute of limitations on unpaid claims. Once you resign, your legitimate overtime pay will disappear by the day.
To those who live in the vicinity of Nagano 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.
No-payment of overtime is a complete breach of the Labour Standards Law and is subject to criminal penalties.
If no-payment of overtime is actually occurring, the Company is obliged to pay the overtime fee to the employee and the employee can claim it as a legitimate right.
There is no need to cry to sleep when there is unpaid overtime.
Please feel free to consult us because our office provides all-out support for such labor troubles.