hello everyone! I was wondering if any one had any knowledge on Japanese labor laws relating to overtime pay. I currently teach English at a eikaiwa school and show up 30 minutes early and usually leave 15-30 minutes late. I have to declare that I wasn’t approved overtime and got there at my actual clock in/clock out approved time. This feel sketchy and like they don’t want to pay me for overtime even though I’m essentially working an extra hour everyday. My friend who’s Japanese says that this is technically illegal and companies should not be able to do this, but it seems this is just how the company functions. Does anyone have any advice or help?
5 comments
First thing is whether you’re contracted as an employee or an independent contractor. If it’s the latter, then labour law does not apply.
Assuming you’re an employee:
If you show up early and leave late *of your own volition* (your choice) then your employer is not required to pay overtime – otherwise anyone who wanted to pad their pay for the month could simply start showing up a couple hours early and clocking in at will, or hang around the office after hours.
If you are *required* to show up/stay until those times, then yes, those are working hours and should be paid.
If they’re not paying for that time, are you able to simply not be there at that time?
What does your contract say?
If it states that you are required to show up 30 minutes before your first lesson, then they are required to pay you for that time.
However, there is a concept known as “expected overtime” (みなし残業制度) included in some terms and conditions where a certain amount of pre-determined overtime is already calculated into your salary.
Check how your contract is stipulated and see what applies in your case.
Wait till you find out about Minashi Zangyo system where you have to do at least 20-40 hours of overtime before even starting getting paid extra. Check your contract.
Check your contract and your schedule.
Just because you go early it doesnt mean you have to be paid, your work time start from the hour it is stated on your contract, it is up to you if you want to start working earlier, just as they will not pay you for working in your home and getting ready or planning something.
If they dont expect you to do overtime and you by your own will stay working, you will not be paid.
Also, there is a fixed overtime sometimes that they are already paying for you, even if you dont do any overtime or if you do few hours.
Ya it’s bullshit but one way around that is show up and leave exactly on time. I remember one time I just dropped everything because it was time to go home and my boss said “hey you aren’t finished that yet are you?” I said “no but it’s time to go home, I can stay late if there will be overtime pay?” He said “have a good night” 😂😂😂.