- Unpaid Overtime
The unpaid overtime is your money that you should receive!
Overtime payment is awarded for any hours/minutes of work that exceeds the 40 Hour a week or 8 hours a day whichever comes first.
In some cases, overtime payment is not properly given or set at an unreasonably low rate. This behavior is usually seen at small and medium-sized companies, and overtime payments are becoming more prevalent. In principle, the overtime payment is required for the 40 Hour a week or 8 hours a day (whichever comes first).This is regulated by the Labour Standards Law.
If you have any concerns regarding overtime payment, please consult with our lawyer.
We will determine whether your company's wage/salary payment system is regulated in accordance with the law.
If there is any unpaid overtime, you should get compensated for the unpaid overtime because you have the RIGHT to receive it.
Four misunderstandings that tend to be bills for overtime
Overtime payment is a part of the legitimate wage/salary basis-payment that an employee must receives for the overwork.
In some cases, you may be surprised by how extensive this regulation is. T
The following examples are some of misunderstandings that people may have
Overtime payment will be applied for annual salary & commission basis payments.
You may think that the overtime payment is not incurred for annual salary & commission basis payments.
But, this is wrong!
Even though you are on an annual salary / commission basis, the overtime payment must be paid accordingly, for those deemed to be overtime work over the regulated hours.
I am a manager, but am I eligible for overtime payment even with my title?
It is normally correct to say that management does not get paid for overtime, but this is not always a case. For those who manage but do not get paid enough or do not have the authority to direct and supervise, the overtime payment may be granted.
You may also charge unpaid overtime after resignation or retirement.
People do not feel comfortable speaking about possible unpaid overtime payment during his/her tenure. For that reason, filling a petition for unpaid overtime is getting more and more popular.
As a result, there has been a significant increase in the number of cases where overtime payments are pursued after retirement.
If you are worried about unpaid overtime and are still employed, it is recommended that you keep all documents and time cards that will serve as the basis for overtime payment.
You don't keep your time sheet. Not to worry!
Some companies do not manage their disbursements using time cards.
There are a variety of attendance management systems, such as personal computers and ID cards, in recent years. However, even without proof on hand, we can ask the company for full disclosure of the facts.
If you are interested, please feel free to contact us.
It's easy to ask lawyers to get compensated for overtime payments!
Legal experts will meet your legal needs.
In the event of request for overtime payment, the Company may argue that:
- [Since the salary system is a Year 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 making the company accept the mistake, the company can make a step 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.
We must also organize the evidence and verify the overtime Hours between the largest 2 Year against the Extra wages rate.
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 against the company can be eliminated in its entirety.
Not everyone likes to bring back the past.
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 have received," the employees should, of course, recover the money.
Therefore, the intentions of both parties are different, and for that, disputes can arise.
It is very stressful to think about this kind of staff.
In order to avoid such stress, some people choose not to pursue, knowing the fact that unpaid overtime exists.
However, lawyers will handle all these negotiations on your behalf.
You 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 unpaid overtime payment! (the right to demand for unpaid overtime payment extinguished by 2 Year!)
It is stipulated that wages, including overtime, shall be extinguished by prescription (Labour Standards Law115 article) unless invoiced between 2Year.
Conversely, unpaid overtime can receive the maximum 2Year.
However, if it is not demanded, it would Date 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 calculating overtime wage.
[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: Year salary system, Month salary system, Date salary system, hourly wage system.
For this reason, the Year salary system, the Month salary system, and the Date salary system need to be reduced to the "Hourly wage" as in the case of the "Year"→"Month"→"Date"→"Hours" system.
Extra wages principles
The Labour Standards Law stipulates that "in principle, if the working Hours exceeds the 1Date8Hours 40Hours one week, Extra wages payments are required."
If you're crushing this, you can draw two principles:
The work Hours exceeds the 1Date8Hours.
Work in excess of 40Hours per week
Now let's think of a specific "weekly 6Date of 1Date7Hours work."
?It does not fall under the rule "8Hours exceeded," but it is 42Hours in a week. Therefore, rule (2) applies to "40Hours exceeded a week."
In this case, therefore, Extra wages must be paid for the excess of 2Hours.
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.
At what timing is it best to ask a lawyer?
When you decide to resign, when you decide to resign Date or dismissal Date, the best time for consultation!
Considering the cases in which you are asked to do so at our post office, approximately 50% of you come to the office at the stage when you decide to resign or before or after you decide on the Date of resignation or the Date of dismissal.
Needless to say, it is possible to ask you not to do so at this time. However, at this time, it is possible to claim unpaid overtime immediately after leaving the company, and it is also possible to avoid having to meet with the company after leaving the company.
Please note, however, that in the case of consulting after resignation or retirement, the "prescription for billing unpaid overtime" shall be referred to as 2Year.
For this reason, it is necessary to immediately consult with you when leaving or changing jobs.
To those who live in the vicinity of Aomori 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.
Overtime is a complete breach of the Labour Standards Law and is subject to criminal penalties.
If 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 and sleep when there is unpaid overtime.
Please feel free to consult us because our office provides all-out support for such labor troubles.