I currently work as a “Fiscal Year Appointed Employee”, or 会計年度任用職員, contracted for 35 hours a week from Monday – Friday. I’ve received an opportunity to work several Sundays each month for a side job, 8 hours (one hour for lunch, exactly the same as my Mon – Fri) per Sunday and the money is pretty great so I’d like to take the opportunity.
I contacted my boss to discuss my situation and the legality of side work (兼業) vis a vis my current employment contract. I’ve been told by them (and other employees with the same contract) that side work is allowed as a yearly contracted employee, and my boss says that it shouldn’t exceed 40 hours a week total including my main work. Verbatim, it was 国で1週間のうち４０時間と定められています.
Given that combined with my sidework it’d be 42 hours a week (I’m assuming the one hour for lunch doesnt count for the side work as it isn’t calculated when looking at my 35 hours a week on my main job), this is a little bit over. I decided to look around at the laws for sidework and it seems that it generally shouldn’t exceed 40 hours, with a limit of 44 hours and any hours over the soft 40 limit and below the 44 hard limit counting as “over time” hours and being subject to overtime pay.
Does this mean that I can work the 8 hours extra 2 or 3 times a week without issue then, as it’s within the 44 hours total? Does the “subject to overtime pay” mean that my side employer has to pay me a minimum for that time, or multiply how much they’re paying me hourly (regardless of what the hourly is) by some set overtime ratio? The hourly pay is 4,000 yen anyway so I figure if there’s a minimum overtime hourly it probably hits it.
If anyone has experience or is knowledgeable on this topic, I’d be very grateful for some advice!
tl; currently work 35 hours a week as a yearly appointed employee, one extra day a week of sidework would put me at 42 hours. Boss says the general labour laws say side work is ok within 40 hours total weekly, my research has led me to 40 hours being the general limit and 44 hours maximum a week being possible. Anyone have any experience with this?
2 comments
Gonna guess you’re a directly hired ALT?
If so then if your boss is on board with you working side work then that’s all good Article 38 ‘Local public servant act’ side of things (which in your case (assuming a directly hired ALT) requires the board of education’s permission to work additional jobs)
However, you boss only seems on board with it as long the total does not exceed 40 hours, so if you want to avoid jeopardizing your main job…. It’s probably worth not exceeding the 40 hours….
Additionally, assuming you’re a directly hired ALT, what status of residency are you on? If ‘Instructor’ then you’re going to need immigration permission, on account of the instructor SOR only permitting work in compulsory education schools. And I am willing to bet your Sunday job is not a compulsory education school?
I’ve heard that 会計年度任用職員 fall under the Public Service Act and that public servants aren’t allowed to have side jobs.
That being said, if you have your bosses/BOE permission in writing then I doubt anything would happen to you.
One thing to keep in mind is that because you have a 2nd income source I think you will be required to file a tax adjustment for each fiscal year you do the extra work in.
I remember reading that you can do it and set up payments in such a way that they come to you instead of your main work as well which is probably better for privacy reasons. No reason to have anyone at city hall wondering why you have extra income or checking into how many hours you are actually working extra…