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.