KOICHIRO YOSHIDA LAW OFFICE > CIVIL LITIGATION/CIVIL ISSUES > Civil Litigation > [For foreigners] What to do if a Japanese company does not pay overtime wages

[For foreigners] What to do if a Japanese company does not pay overtime wages

In recent years, as globalization progresses, more and more foreigners are working for Japanese companies.However, there are many cases where Japanese companies do not pay overtime wages, which can be a problem.In this article, we will explain to foreigners what to do if a Japanese company does not pay overtime wages.

Rules for Japanese companies to employ foreigners

In Japan, there are laws to protect workers, such as the Labor Standards Act, which applies to all workers, including foreigners.Therefore, even if a different regulation on overtime wages is applied because a foreigner is a foreigner, it will be treated as invalid.As a result, foreigners will be employed under the same working conditions as Japanese people, and it will be treated as illegal to pay overtime wages under different regulations than Japanese people.In Japan, it is mandatory to pay premium wages for overtime wages, so if you work overtime, you will be paid overtime allowances just like Japanese people.In addition, the same regulations as Japanese people apply to the minimum wage, so if the minimum wage is revised, you will be paid the wage according to the revision.In the event of a violation of the law, such as failure to pay overtime wages, the Japanese company will be ordered to pay a fine as stipulated in the Labor Standards Act.In addition, if a Japanese company accepting foreigners for technical internship violates such regulations, the company's name and the fact that it violated the law will be made public.In addition, if such illegal acts occur, the company will not be able to accept foreigners for specific skills or technical internship, which will cause great damage to the Japanese company.

 What to do if overtime wages are not paid

As mentioned above, the regulations regarding overtime wages for foreigners are the same as for Japanese people working for Japanese companies.Therefore, the method of dealing with a case where a Japanese company does not pay overtime wages is the same as for Japanese people.We will explain this below.

 Confirm illegality

First, it is important to confirm whether not paying overtime wages is illegal.Basically, overtime wages must be paid in full, but in some cases there are exceptions and companies are not required to pay overtime wages.In that case, overtime wages will not be paid, so it is necessary to first check the exception regulations.Examples of exceptions include cases where a discretionary work system is established or where a deemed off-site work hours system is adopted.

Collecting evidence

If it is illegal not to pay overtime wages, you will need to claim for unpaid overtime wages.However, in this case, it is essential to collect documents and show the basis for the amount of the claim.Examples of evidence include work regulations, employment contracts, and time cards showing the amount of overtime worked. By collecting such documents, you will be able to clarify the overtime wage regulations at the company you work for and prove how many hours of overtime you worked.However, some companies do not use time cards, so in such cases you will need to collect notes on your daily departure time.In this case, you will need to show the judge that you worked overtime in court, along with other evidence and testimony collected.

Consulting a lawyer

After collecting documents as described above, you will often need to consult a lawyer who specializes in labor cases.In court, legal knowledge is essential, and as mentioned above, not paying overtime wages may or may not be illegal, so consulting a lawyer is almost essential in making that judgment.By consulting a lawyer who is good at labor cases, you can determine whether or not the non-payment of overtime wages is illegal and the expected amount of the claim, find effective evidence in court, and move toward obtaining overtime wages.

 Summary

In this article, we have explained how to deal with cases where a Japanese company does not pay overtime wages for foreigners.Even if you are a foreigner, the way to deal with cases where a Japanese company does not pay overtime wages is basically the same as for Japanese people.And in order to smoothly obtain overtime wages, the quickest way is to consult a lawyer who is good at labor cases.Yoshida Koichiro Law Office accepts requests for general civil cases, litigation, dispute resolution, and negotiation.Please feel free to contact us.The Japanese Lawyer with Real International Experience