Basically the title. This hasn’t happened to me. But my employer told everyone from August . They will do this if we mess up our times. About 15,000¥ .
Technically if you don’t clock in, then it’s proof that you didn’t work at all. In terms of payroll department, they pay based on that data, so they can’t pay you if you don’t clock in the hours. However, in terms of any penalty system, I’m not sure if that’s just company policy or legal at all. lol
yes they can. Not sure how your clock in system looks like but if your boss decides to “approve” your not-yet-input as 無断欠勤 you will get salary deduction. Basically if your boss is a dick then be careful to clock in everytime
In every workplace I have been to you can apply (申請) for revision when you notice you forgot to clock in/out (打刻漏れ). There is a deadline though..
If you even forget to apply for it then yeah you deserve it.
If your company doesn’t even allow you to apply for a revision then it’s a black company.
FUN FACT: I CAME IN 2 HOURS EARLIER TO THE OFFICE AND IT’S 1 MINUTE BEFORE MY REAL WORK TIME AND I SERIOUSLY FORGOT TO CLOCK IN
THANK YOU STRANGERRRR
The daily rate is 1/20 your monthly salary, so if you didn’t work a day without any notice, you get docker 1/20 your monthly salary.
If you get 300k every month in your bank account, missing one day will get you about 285k ish in your account that month.
Clock in and clock out. Otherwise you have no proof you worked.
We need a bit more information.
Basically, the government is getting increasingly strict about companies gathering better evidence about exactly when employees start and finish work – even for non hourly workers.
If your company had been found in violation before, then they may be subject to “special guidance”, which is even stricter than the actual law.
For example, some companies are required to provide not only the times that employees say they worked, but evidence to back that up, such as security system building entrance and exit times, PC log in/log out times, etc., And any variances must be adequately explained- and will be fined if they do not comply.
If you forget to clock in and out in one day, then you should be able to get that corrected as long as it’s before the close at the end of the month.
If it doesn’t get fixed, then it will count as an unexcused absence, so it will of course be deducted.
If you ignore it until after the close, then it will be too late to change.
So, the answer depends on the situation: 1. If this is an isolated incident and you notified them right away, then they should fix your time record and not deduct anything. 2. If it’s happening all the time, then they could say you are not complying with company policy, and … 3. If you didn’t notify them until after the fact (or not at all), then the payroll system is going to calculate based on you but being there, since you never punched in.
Yes, they can, since it becomes proof that you weren’t there/didn’t work or didn’t work the due time.
Your employer sounds like an ass
Sometimes i forget to do it at my job and i have to ask my boss to fix it for me, no biggie.
“Boss! It happened again!😬”
“You dumbass.”
I had a co-worker who would deliberately mess up my time card and it was so annoying and he just thought it was a funny joke. Boss was totally in love with him so it was “just a prank” but I had to fight for my hours every single month.
Technically clocking in means nothing other than proving you were at work. Any competent business should be willing to pay you based on other forms of proof of work, if you forgot..
With that said, I’d totally expect most companies not to be competent like that.
Is physically clocking in and out with a time card every day really that common??
So, what were the grounds for them to come up with 15000 yen? Where this number come from, and based on which calculation method?
**Short Answer:**
1. Deducting your salary or treating one or a few days as ”absence” is inappropriate.
2. There is a limit to the amount of salary reduction for clock in/out mistakes.
3. It is inappropriate to set a penalty fee for forgetting to clock in/out.
**Long Answer:**
1. Regardless of whether an employee has clocked in/out or not, if they were actually working, treating it as ”absence” would violate the Japanese Labor Standards Act in any case. According to Article 24, wages shall be paid in currency and in full directly to the worker. Additionally, Article 6 of the Labor Contract Act states that the wages paid by the company are in return for the labor provided by the employee. Therefore, as long as the labor contract is valid, the wages must be paid to the employee in accordance with the regulations.
Even if you have forgotten to clock in/out, if you have proof that you have actually worked, treating it as ”absence” would still be a clear violation of the Labor Standards Act.
What if the company has included such a clause in the employment rules? If they have thoroughly communicated it to all employees, then imposing a deduction within the scope of Article 91 of the Labor Standards Law may be acceptable.
However, ”punishing employees” should generally be reserved for serious violations. If this is your first time, imposing a ”deduction” would not be proportional to the gravity of the violation. In domestic companies, for example, if it is your second time, they can require you to submit a written report as corrective action. If you have not shown any improvements, then, they will force you to commit harakiri!!! No, joking aside, if you have not shown any improvements at all, despite repeated submission of written reports, it is more common to proceed with a ”warning,” such as a ”deduction warning,” before resorting to a ”deduction” penalty.
2.
Article 91 of the Labor Standards Act specifies the upper limits for disciplinary deductions. If an employer includes penalties for salary reduction in the employment rules, the deduction should not exceed half of the average daily wage for each penalty, and the total deduction should not exceed one-tenth of the total wage for one pay period.
For example, if the average daily wage is 20,000 yen, the maximum deduction for each penalty would be 10,000 yen. Therefore, setting a penalty such as “deducting the entire day’s salary because you didn’t clock in/out” would violate Article 91.
Furthermore, the total deduction for a month should not exceed one-tenth of the employee’s monthly wage. For instance, if an employee’s average monthly wage is 500,000 yen, the upper limit for the total deduction would be 50,000 yen, even if you were capable of missing so many days!
3.
If a company imposes a random fine of 15,000 yen as a punishment, there’s a high likelihood that it violates Article 16 of the Labor Standards Act. According to this article, companies cannot pre-determine penalty fines or damages for violations of employees’ labor contracts.
However, if cases of employees forgetting to clock in/out are severe and they show no improvement even after warnings, the company might view it not as a “penalty for non-performance of the labor contract” but rather as a “breach of workplace discipline” for not following the established rules.
If the penalties for clock in/out mistakes are clearly stated in the employment rules and effectively communicated to all employees beforehand, then instead of imposing fines, the company may opt for “salary deduction” as a disciplinary action.
12 comments
Technically if you don’t clock in, then it’s proof that you didn’t work at all. In terms of payroll department, they pay based on that data, so they can’t pay you if you don’t clock in the hours. However, in terms of any penalty system, I’m not sure if that’s just company policy or legal at all. lol
yes they can. Not sure how your clock in system looks like but if your boss decides to “approve” your not-yet-input as 無断欠勤 you will get salary deduction. Basically if your boss is a dick then be careful to clock in everytime
In every workplace I have been to you can apply (申請) for revision when you notice you forgot to clock in/out (打刻漏れ). There is a deadline though..
If you even forget to apply for it then yeah you deserve it.
If your company doesn’t even allow you to apply for a revision then it’s a black company.
FUN FACT: I CAME IN 2 HOURS EARLIER TO THE OFFICE AND IT’S 1 MINUTE BEFORE MY REAL WORK TIME AND I SERIOUSLY FORGOT TO CLOCK IN
THANK YOU STRANGERRRR
The daily rate is 1/20 your monthly salary, so if you didn’t work a day without any notice, you get docker 1/20 your monthly salary.
If you get 300k every month in your bank account, missing one day will get you about 285k ish in your account that month.
Clock in and clock out. Otherwise you have no proof you worked.
We need a bit more information.
Basically, the government is getting increasingly strict about companies gathering better evidence about exactly when employees start and finish work – even for non hourly workers.
If your company had been found in violation before, then they may be subject to “special guidance”, which is even stricter than the actual law.
For example, some companies are required to provide not only the times that employees say they worked, but evidence to back that up, such as security system building entrance and exit times, PC log in/log out times, etc., And any variances must be adequately explained- and will be fined if they do not comply.
If you forget to clock in and out in one day, then you should be able to get that corrected as long as it’s before the close at the end of the month.
If it doesn’t get fixed, then it will count as an unexcused absence, so it will of course be deducted.
If you ignore it until after the close, then it will be too late to change.
So, the answer depends on the situation:
1. If this is an isolated incident and you notified them right away, then they should fix your time record and not deduct anything.
2. If it’s happening all the time, then they could say you are not complying with company policy, and …
3. If you didn’t notify them until after the fact (or not at all), then the payroll system is going to calculate based on you but being there, since you never punched in.
Yes, they can, since it becomes proof that you weren’t there/didn’t work or didn’t work the due time.
Your employer sounds like an ass
Sometimes i forget to do it at my job and i have to ask my boss to fix it for me, no biggie.
“Boss! It happened again!😬”
“You dumbass.”
I had a co-worker who would deliberately mess up my time card and it was so annoying and he just thought it was a funny joke. Boss was totally in love with him so it was “just a prank” but I had to fight for my hours every single month.
Technically clocking in means nothing other than proving you were at work. Any competent business should be willing to pay you based on other forms of proof of work, if you forgot..
With that said, I’d totally expect most companies not to be competent like that.
Is physically clocking in and out with a time card every day really that common??
So, what were the grounds for them to come up with 15000 yen? Where this number come from, and based on which calculation method?
**Short Answer:**
1. Deducting your salary or treating one or a few days as ”absence” is inappropriate.
2. There is a limit to the amount of salary reduction for clock in/out mistakes.
3. It is inappropriate to set a penalty fee for forgetting to clock in/out.
**Long Answer:**
1.
Regardless of whether an employee has clocked in/out or not, if they were actually working, treating it as ”absence” would violate the Japanese Labor Standards Act in any case. According to Article 24, wages shall be paid in currency and in full directly to the worker. Additionally, Article 6 of the Labor Contract Act states that the wages paid by the company are in return for the labor provided by the employee. Therefore, as long as the labor contract is valid, the wages must be paid to the employee in accordance with the regulations.
Even if you have forgotten to clock in/out, if you have proof that you have actually worked, treating it as ”absence” would still be a clear violation of the Labor Standards Act.
What if the company has included such a clause in the employment rules? If they have thoroughly communicated it to all employees, then imposing a deduction within the scope of Article 91 of the Labor Standards Law may be acceptable.
However, ”punishing employees” should generally be reserved for serious violations. If this is your first time, imposing a ”deduction” would not be proportional to the gravity of the violation. In domestic companies, for example, if it is your second time, they can require you to submit a written report as corrective action. If you have not shown any improvements, then, they will force you to commit harakiri!!! No, joking aside, if you have not shown any improvements at all, despite repeated submission of written reports, it is more common to proceed with a ”warning,” such as a ”deduction warning,” before resorting to a ”deduction” penalty.
2.
Article 91 of the Labor Standards Act specifies the upper limits for disciplinary deductions. If an employer includes penalties for salary reduction in the employment rules, the deduction should not exceed half of the average daily wage for each penalty, and the total deduction should not exceed one-tenth of the total wage for one pay period.
For example, if the average daily wage is 20,000 yen, the maximum deduction for each penalty would be 10,000 yen. Therefore, setting a penalty such as “deducting the entire day’s salary because you didn’t clock in/out” would violate Article 91.
Furthermore, the total deduction for a month should not exceed one-tenth of the employee’s monthly wage. For instance, if an employee’s average monthly wage is 500,000 yen, the upper limit for the total deduction would be 50,000 yen, even if you were capable of missing so many days!
3.
If a company imposes a random fine of 15,000 yen as a punishment, there’s a high likelihood that it violates Article 16 of the Labor Standards Act. According to this article, companies cannot pre-determine penalty fines or damages for violations of employees’ labor contracts.
However, if cases of employees forgetting to clock in/out are severe and they show no improvement even after warnings, the company might view it not as a “penalty for non-performance of the labor contract” but rather as a “breach of workplace discipline” for not following the established rules.
If the penalties for clock in/out mistakes are clearly stated in the employment rules and effectively communicated to all employees beforehand, then instead of imposing fines, the company may opt for “salary deduction” as a disciplinary action.