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So please consider joining and using labor unions recognized by the constitution and labor union law. Labor unions are protected by the constitution and labor union law, and they have the right to organize, collective bargaining rights, and group action rights to the company. Article 28 of the Constitution
It is quite difficult to be mentally, physically, and monetarily when you make a trial on an individual basis.
It is good to join the joint union · labor union which has the same feelings at such time.
At that time, the labor union is legally protected benefit, it can face the company and negotiate.
And above all, the joint unions work together to fight, so we can negotiate with encouraging feelings.
The cost of reconciliation is much cheaper than making a trial.
There are a lot of cases in which the period is cheaper than the normal case.
There are systems that can do early resolution by way of labor trial or labor committee mediation, but it is not all-purpose.
Please stand up with a joint labor union in the sense that it prevents illegal acts of sexual harassment, power harassment, long-term labor, unpaid overtime workers with courage.
1 Overtime payment non-payment
If you work over a given working hours of 40 hours a week, you will be paid an overtime in principle.
The company side makes various thoughts and reasons for workers and thinks that "overtime payment can not be obtained".
The employer must pay extra wages if the worker has to work overtime or holiday work, or work at midnight.
In order for employers to work beyond the statutory working hours (8 hours a day or 40 hours a week) prescribed in Article 32 of the Labor Standards Act, it is necessary for the employer to work with a majority representative of workers under Article 36 of the Labor Standards Act 36 Agreement "and notify the Labor Standards Inspection Office.
Based on Article 37 of the Labor Standards Law, you must pay a surcharge of 25% or more for labor beyond the legal working hours of 1 day / 1 week and over 35% for holiday work. For overtime work over more than 60 hours per month, you will have to pay 50% more extra wage (for graying measures for SMEs). In the case of deforming working hours system, if you do not exceed the statutory working hours averaging over a certain period, you will not violate the Labor Standards Act, but if you exceed legal work hours you will have to pay extra wages not.
About unpaid extra wages can be requested retroactively for the past two years
When you do not deliberately pay overtime payment to workers
- Case that I'm daring to work over after I made a time card at 5 o'clock
- Case that has been cheated by the system of sloppy deemed overtime
- Cases with no time card
- The case where the boss embossed a time card
- The case where the remuneration is reduced when the overtime at the branch office is decided
- Case where you let your work go home and let you work at home
- Case where upper limit is set for permission of overtime
- Cases treated as nominated manager
- Case where the calculation of working hours is being cheated
- Case where there is much unclear subtraction
2 Non-payment overtime is illegal under the Labor Standards Act
The basis of overtime, etc. is stipulated in the Labor Standards Law, and payment of overtime work etc. is the right of the worker prescribed by law.
The right to claim unpaid overtime, etc. to the company is a rightful right of the worker.
2 Evidence preservation of overtime
(1) Evidence to prove that overtime worked
- Diary and e-mail exchanges
- Copy of time card and daily work schedule
- Copy of attendance record
- Transportation IC card type regular passage history
- Overtime fee application
- Records such as a diary that clearly states employment status
- Employment Regulations or Employment Contracts (In case you do not have it, please make sure to remember what kind of working conditions you worked and make in writing)
- It can prove that you have overtime during this period · Objective evidence that you can prove that you were employed · Social insurance · Employment insurance · Photo · Company sentences · IC recorder recording
(2) Evidence necessary for calculation of overtime
- employment agreement
- Labor regulations
- 36 Agreement
(3) Evidence to prove that the company did not pay sufficient salary
You will need a pay schedule with a working hour and a time card.
(3) Premium rate
Type of labor Wage premium rate
Overtime work (when legal work hours are exceeded) 25% premium
Overtime work (over 60 hours per month)
In case of delayed application 25% premium for non-substitute leave No 50% premium
Late-night labor (in the case of work from 10 pm to 5 am) 25% premium
Holiday labor (when working on legal holidays) 35% premium
Overtime work (when legal work hours are exceeded) + 50% premium labor premium
Overtime work (over 60 hours per month) + 75% premium labor premium
Holiday labor + midnight labor premium 60% premium
4 How to claim overtime
I will explain how to charge overtime fee.
① First negotiate with talks!
If the actual overtime is calculated, if the company emphasizes compliance and reputation, it probably will pay the overtime payment that has not been paid at that time. In the case of so-called "black companies" that ignore compliance and reputation, it is impossible to talk.
② Content certificate mail
If the company does not seem to respond to any negotiations, we will send a content certification mail.
- Company name, address, personnel affairs, representative director and president
- Your name, address, employee number, social insurance number
- Pointed out violations on labor contracts contracted for employment
- Evidence and calculation on facts of overtime and facts overpaid overtime
- Billed amount of overtime fee and payment deadline
- Your own payment account
In case of a company you do not know, there is also the possibility that you pay the overtime fee only with content certification mail.
Contents Proof The black company that gets used to getting post mail does not pay even if we deliver content certification mail.
By submitting content certification mail, there is the effect of "stopping the progress of prescription" during June. The prescription of overtime is two years. Prevents overtime from disappearing due to statute of limitations.
③ In the absence of any payment
If you can not collect the overtime in negotiations with the company, you will be forced to collect overtime by taking the following procedure.
Using trade union union bravery and strongest
Unlike lawyers, we negotiate with strong collective bargaining rights.
Labor authority guaranteed by the Constitution It is one of "right to organize", "collective bargaining right" and "group action right" that labor organizations negotiate with employers about wages and dismissal. Article 7 of the Labor Union Act prohibits the act of refusing collective bargaining with workers' representatives without any justifiable reasons.
Right to negotiate with employers or employers' organizations for labor conditions and other labor relations so that voluntary groups of workers (usually labor unions) protect the lives of workers. The right to collective bargaining of workers is guaranteed as the basic labor rights under the Constitution (Article 28), and the labor union law also confirms this (Article 1 paragraph 1). In other words, for legitimate collective bargaining, criminal and civil immunity is given (Article 1, 2, 8), furthermore, for workers' bribe application, the employer negotiates unless there is a justifiable reason If it violates this, it will be an unfair labor practice (Article 7.2). In the event that an agreement is reached between labor and management through collective bargaining, a collective agreement is usually concluded.
Labor referee is a trial in the court for the purpose of resolving troubles related to labor relations between business owners and individual workers such as dismissal and payment of salary according to the actual situation of the troubles, quickly, appropriately and effectively It is a procedure to be done. It is said that the deadline is less than three times, and it is a procedure that can be expected to resolve early as compared to litigation.
Since "judgment of labor" is a judgment of the court, if it is confirmed, it will have the same effect as the judgment, and seizure (to forcibly confiscate the property of the company and ask overtime fee to be paid from there) is also possible .
If either party is not satisfied with the result of the referee, if there is a petition filed by the party to the referee, the labor trial will lose its effect and the labor trial case will eventually transition to a district court case .
Litigation in District Court
If you failed to resolve labor trials, you will file a civil lawsuit with unpaid overtime payment at the court to force overtime to collect overtime.