My 労働条件通知書 mentions salary in the form of 14 payments including 2 bonuses. The annual salary is also mentioned, but there are no bonus-related rules. However, the 雇用契約書 only mentions about the monthly salary.
I worked there for 13 months and the company only paid me for the 13 months with no bonus. They had canceled bonuses due to COVID-induced losses.
I had complained about this to the labor standards office about nonpayment of the promised bonus amount. They even inspected the company but eventually closed the case.
What should I do now? Should I take this matter further by hiring a lawyer or I stop it here? I am afraid that this will negatively affect my current and future employment. Also, the amount is a total of 4,00,000 yens. I dont know if hiring a lawyer for this amount is worth it.
by Mammoth-West3571
7 comments
What is your complaint against the employer? The 労働条件通知書 is binding, but bonuses are by definition paid out at the employer’s discretion. Unless there’s some information missing, it sounds like you were paid everything they owed you. Unless, I guess, your contract or the rules of employment stipulate specific rules for when a bonus must be paid out, failure to pay out the bonus is neither a violation of labor law nor a breach of contract.
When the Labor Standards Office “closed the case” – what did they actually tell you? If they didn’t offer you the option of mediation or a labor tribunal or recommend you to sue the employer in regular civil court, then it seems like they don’t think you have a case, which probably means you really don’t.
Did they only cut your bonus, but paid out to everyone else, or did everyone lose their bonus due to covid difficulties?
If the latter then there is probably no case.
Unfortunately those of us here on Reddit would need to see the precise phrasing in the contract, and that would be more information than would be wise or safe to disclose on the internet since if your employer gets wind of it then (unless the phrasing is extremely generic) they’ll be able to identify your reddit username and potentially cause you legal headaches.
What I would recommend is that you can often find lawyers in Japan willing to offer a free initial consultation. Take the contract in your hot sticky paw, find one of these lawyers, and take the contract to them with the simple question, “Do I have a winnable case?”
If they say you do then they’ll quote you for how much they think it’ll cost (in a very ballpark sort of way), or may even agree to do it for a (large) percentage of the settlement.
If they say you don’t then you have your answer, and need not proceed any further or lose any more sleep over it.
Im not sure if you even eligible for the bonus. I think you have to work for the company for at least 1 years and then you will receive the bonus on its next due date.
You quit after 13 month so no bonus.
Many lawyers will do a consultation for ¥10,000 to discuss if you have a case.
Ask a lawyer!!!!!!
Certainly not an expert, but I’m not sure you have a case. Bonuses can be cut. That’s why they’re listed separately from your salarly, because they can be removed/reduced if the company needs/wants to. If labour standards closed the case already, seems like there’s not much more to fight for either.