My employer has a rule that I have to leave the office by 10:00 p.m., but I can’t finish my work, so I bring my work home to work. Can I still be paid for this overtime work?
2022/5/17
Under court precedents, working hours for which premium wages are payable are defined as “hours during which a worker can be objectively evaluated as being under the direction and control of the employer,” and even if a worker is performing work, the employer’s obligation to pay premium wages is denied if the employer is not involved in any way with the work during that time.
However, even in the case of overtime work done at the worker’s discretion without specific instructions from the employer, there are court cases that have recognized the employer’s obligation to pay extra wages in cases where the worker was instructed to do a large amount of work that was difficult to finish within the prescribed time, or where the employer tacitly approved the overtime work. For more information, please consult with the Labor Standards Inspection Office, a lawyer, or other experts.
- 【3/25(水)】全国一斉ホットラインを実施します【LINE相談も有】 2026/3/17
- 労働相談ホットラインお休みのお知らせ 2026/3/17
- 【4/8(水)開催】判例命令研究会第200回記念講演の案内 2026/3/16
- 「裁量労働制の拡大に改めて反対する幹事長声明」を出しました 2026/2/20
- 労災保険制度に関する意見書と労働者性に対する声明を出しました 2026/2/20
- 2026新人・若手弁護士向け学習会開催のお知らせ 2026/2/14