With labor shortages, long working hours have become a social issue
In Japan, where the number of active generation workers is decreasing, “long working hours due to labor shortages” has become a social issue.
However, SMEs have been in long working hours since then, and there were many severe cases such as 100 to 150 hours far exceeding the overwork death line (80 hours a month) even in consultations given to Union.
In order to reduce long working hours, there is no choice but to work on reforms that unite labor and management, but the black company imposes all overtime responsibilities on the workers, “Because your work efficiency is bad” “I don’t feel sorry for other employees”, and I am forced to work.
The negative effects of long working hours can have serious consequences, such as affecting the body.
Until now, Union has solved many long working hours. If you are concerned about long working hours or unpaid overtime, please contact Union.
Unpaid overtime is rampant
There is no end to the consultation that even if you work long hours alone, you don’t even pay for the overtime.
The Labor Standards Act, which provides for overtime pay, is a “forced law” with penalties. Non-payment of overtime pay is a violation of the law.
Obligation to pay extra wages for work that exceeds the principle “8 hours a week, 40 hours a day” stipulated by the Labor Standards Law, work days on legal holidays, and late-night work (10 pm to 5 am) There is a user. (Labor Standards Law Article 37 etc.)
If it is specified in the employment rule or employment contract, it depends on the calculation method, but if there is no employment rule (cannot be seen), no employment contract … Let’s do it.
■ Calculation method of basic hourly wage per hour (in the case of monthly salary system)
- Find the standard wage (the wage that is the basis for calculating overtime).
The standard wage is the total of all wages excluding (1) Commuting allowance, (2) Family allowance, (3) Housing allowance, (4) Temporary paid wages, and (5) Wages paid every period exceeding one month.
- Calculation formula) Standard wage ÷ Legal working hours (173.8 hours) = Basic hourly wage per hour
- Premium wage premium rate
- 【 Basic hourly rate per hour × Number of overtime hours × 1.25 = Amount of overtime pay】
- 【 Basic hourly rate per hour × number of late night hours × 1.25 = amount of late night allowance】
- 【 Basic hourly wage per hour × number of working hours on holidays × 1.35 = amount of holiday allowance 】
Watch out for fixed overtime (deemed overtime)!
Recently, an increasing number of companies are incorporating “fixed overtime” into their salary system. In recent years, there has been a particularly large increase in the amount of non-payment overtime due to fixed overtime fees.
Have you ever received an explanation such as “I have no problem because I paid the overtime fee first”?
A fixed overtime fee is a system that pays a fixed allowance for a certain overtime every month, regardless of whether or not you work overtime.
At first glance, you’re lucky to get an allowance without having to work overtime! There are actually many pitfalls in this fixed overtime fee.
■ What are the pitfalls of fixed overtime charges?
First, as basic knowledge about overtime, “overtime pay is increased by 2.5% per hour”
Remember that it is calculated as “50% more if you work overtime and work late at night (22:00-5:00 am the next morning)”.
Also, if the overtime hours exceed the “fixed overtime hours,” you will be obligated to pay the overtime charges for the excess hours.
Points to keep in mind for fixed overtime charges!
- The company pays a fixed overtime fee of 0,000,000 yen every month, and does not pay the overtime fee even when the overtime fee of actual working hours exceeds that amount.
- There is no distinction between basic salary and fixed overtime. (Example: “Basic salary includes overtime allowance”)
- It is not specified how many hours the fixed overtime fee is. The method for calculating overtime charges is not disclosed.
- I do not know that the fixed overtime fee is paid in the name of “job allowance” or “special allowance”, etc.
Those who fall into the above items cannot be denied the possibility of developing some kind of wage trouble.
If you are worried about unpaid overtime, please contact us by phone once.
■Contact us here
TEL:092-273-2114 ／ 2161
From Monday to Friday from 9:00 to 18:00
Please make an appointment in advance.