I worked 5 days overtime last month for the company I work for, 4 on weekends and 1 on a national holiday.I get to take those 5 days as holidays, so they don’t have to pay me for those days which I think is fair. But shouldn’t they still pay me the 1.35 normal rate for working on a weekend/national holiday for those days?
Edit: my contract does not mention anything about this specifically.
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I believe that depends on your contract.
you have the option not to take a replacement holiday for those days and just work normally and then you will receive the higher rate for those hours. generally you just have to submit a reason you worked on those days in the company’s system
Look at the wording in your contract. Not saying this is your case, but so many work-pay related posts could be eliminated if people actually just looked at their contracts.
Anyway, when you say you get to take those 5 days as holidays… Does that mean they gave you 5 paid holidays to use whenever you want? Or do you mean the next work day after those working days was a holiday?
Just out of curiosity, why do you expect weekend pay to be special?
As for overtime, look at how your contract handles it. My company doesn’t get preferential treatment for working on “holidays”, it’s just expected of us. We also don’t get the first 20 hours of overtime paid for as it’s already in our paychecks supposedly
It would be stipulated in your companies work rules and regulations and not in your contract.
Just to make sure I am reading this correctly, you expect to be paid for those 5 days, with the overtime rate AND you expect to be able to take 5 compensatory days off as well?
I used to work in retail, I would work most weekends and most bank holidays. I never got anything more than the regular shitty wage.
If I were to work overtime I would get 25% extra, but you can be sure that never happened.
Japan has no respect for bank holidays and/or Sundays like it is abroad. If you work for anything that is opened on weekends and holidays, you’re just fucked.
Where to start? Working 5 days “overtime” doesn’t really make sense, unless you mean you worked 40 hrs of overtime.
(Working on a rest day is rest day work, which is different from overtime, with a different part rate depending if it’s a statutory day off, or a normal day off).
Since you say you get to take those 5 days off as “holidays”, I assume this was either furikae shuklinn or daishutsu.
If it was daishutsu, then you will get to take those days as “daikyu”, usually within 2 months from earning them, and you will also get paid extra for working on the rest days.
If they are not paying you extra, then it sounds like furikae kyujtitsu / frurikai shukkin. In this case, you didn’t work in a rest day at all, because they just redefine which days are test days, and which days are working days. So for example, the weekend or holiday is now a normal working day, and no longer a rest day at all, so of course you don’t get paid extra. (And what was a normal working day is now a day off, so you don’t have to work, and if you were suddenly called in at the last minute, they would have to pay you the 1.35 or more).
The basic rule is: did you agree to work those days say the last minute, or were you called in at the last minute with no plan.
Generally furikae kyujtitsu/shukkin is only allowed if it’s planned ahead of time, and the day to be taken off has to be decided when second the day to work (since you are dealing days).
Daishutsu/daikyu is supposed to be used in cases where advance notice is not possible.
Philosophically, the former is just moving around which days you work and which days you have off, while the latter is making you work on an off day. You get paid a premium in that case due to your possible need to cancel other plans, etc.