Is it possible to claim premium wages even if an annual salary system or a flat-rate wage system is adopted?

2022/5/17

According to precedents, even in the case of an annual salary system or a fixed wage system, it must be possible to distinguish between the portion that corresponds to wages for normal working hours and the portion that corresponds to premium wages, and premium wages must be paid in excess of the legally calculated amount for overtime work.
Whether or not it is possible to distinguish between the portion corresponding to wages for normal working hours and the portion corresponding to premium wages, and whether or not the portion corresponding to premium wages can be said to have been paid as compensation for overtime work, must be determined based on the specific circumstances of the labor contract and the actual working conditions. In order to determine this, specialized knowledge is required. For more information, please consult with the Labor Standards Inspection Office, a lawyer, or other specialists.