My labor contract stipulates that my daily working hours are from 9:00 a.m. to 6:00 p.m. (with a one-hour break), but I am working overtime after 6:00 p.m. because I cannot finish my work. The company won’t pay me overtime, saying it is due to my inefficient work.
2022/5/17
As a general rule, the Labor Standards Law stipulates that if an employer has a worker work in excess of 8 hours per day or 40 hours per week, the employer must pay the worker an hourly wage for the excess plus a 25% premium. In addition, even if a worker does not work more than 8 hours a day or 40 hours a week, if the worker is made to work in excess of the prescribed working hours, the employer must pay the worker an hourly wage for that amount. Workers cannot be exempted from overtime payment on the grounds that they are working too slowly.
Example:
1,200 yen per hour, 2 hours of overtime work from 6:00 p.m. to 8:00 p.m.
1,200 yen x 1.25 x 2 hours = 3,000 yen
If a company violates this rule and does not pay overtime wages, workers can negotiate directly with the company or through a labor union to demand payment, or they can consult with the local Labor Standards Inspection Office for guidance on the employer. If the company still does not agree to pay, you can negotiate with a lawyer or use court procedures such as labor tribunals.
However, there are exceptions to the above-mentioned principle, such as the variable working hour system, the flextime system, off-site work, and the deemed discretionary work system, etc. For more details, please check with the Labor Standards Inspection Office or a specialist such as a lawyer.
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