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Salary no overtime, but deduct for sick days 2018/2/17 19:56
Hello,
I currently am a contract teacher. My contract states that my salary is suppose to
be 270,000 yen a month. However, my paystub states my base pay is 189,300 yen,
plus 80,700 of "de facto" overtime. which equals 270,000.
So, OK. salary means a fixed rate, i got that, but right next to it, it states they
deducted my pay for holidays and days missed.

So the company will deduct pay for missed work, but they refuse to pay for 30 hours of overtime... is this even legal?
by LostGaijin (guest)  

Re: Salary no overtime, but deduct for sick days 2018/2/18 08:43
Not specific to Japan, if you have a question about your contract with your employer, talk to your employer. After you have done that, then ask for advice.
by JapanCustomTours rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 08:48
I agree with JapanCustomTours.
It really depends on your contract.

But yes sickdays are often used as holidays.
by justmyday rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 08:51
It is a contact between you and the employer. Both sides need to say yes.

There is some pay for overtime as stated by you. But clearly not 30 hours worth.

They will only pay you the days you attend work.

If you dont like these terms. Dont sign contract. Or talk to employer about agreeing on new term.

I see nothing illegal.

I see nothing spefically Japan only related.
by hakata14 (guest) rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 08:59
https://www.japan-guide.com/forum/quereadisplay.html?0+61191

In this somewhat old (but still valid) thread I mentioned how some companies word the salary calculation, which is legal as long as how many hours of overtime work is already included in the salary. The employer of course needs to pay you for overtime hours beyond it, though.
by AK rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 09:09
which is legal as long as how many hours of overtime work is already included in the salary.
I meant to say, which is legal as long as they state how many hours of overtime is already included in the salary.
by AK rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 11:07
Some English teacher companies have a contract of 29 hours but let you work 40 hours or more.
This means they do not pay your pension etc. Are you paying pension?
by justmyday rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 12:00
generally speaking, average working days per month is 22-23 days.
189300 / (22daysx8hr) = 1076 yen /hr.
in overtime working, 25% extra paying until 60 hr overtime = 1076X1.25=1345yen/hr of overtime.
80700 / 1345 =60 hr of overtime.
you already have enough overtime payment.
"de facto" overtime : it means you are expected to overwork until 60 hrs per month.
by ken (guest) rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 12:46
justmyday, my contract states 40 hours plus pension. so it is being deducted from paycheck.

ken, my contract does not state anything about overtime. it just states Total pay is 270,000 per month. which means its a salary and not a wage. Salary is suppose to be set amount every month, despite overtime or holidays. but they still deduct non-working days, like a wage.
by LostGaijin (guest) rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 19:04
Are you saying that you got hired on 270,000 yen a month salary, and only after seeing the first pay details you see that the base was 189,300, and 80,700 was "assumed overtime," and that they are deducting for... which days? When you say non-working days, you don't mean the weekends, right? You mean days you missed due to illness?

When I said earlier some employers prefer to include a certain "assumed" number of overtime work hours into the salary offered, that is of course if they make it clear at the time of offering you employment.
by AK rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 20:22
They deduct pay for sick days, snow days and Holidays. They dont for weekend, thankfully.
by LostGaijin (guest) rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 21:01
For sick days, deduction cannot be helped. Snow days, when they closed school or you couldn't come? For holidays, check if you have "paid leave" days (which may not kick in yet if you are new).
by AK rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/18 21:40
I think they count your working as 日給月給. they pay money, only when you show up.
according to labor law, companies don't need to give paid holidays during the initial 6 months.
by ken (guest) rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/19 09:47
for you to use Paid holidays. (yūkyū) you most notify your boss or person in charge.


if i want to use paid holiday ( yūkyū) in my company i most apply for it through my working computer or company appl. .



by chike20 rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/19 09:53
without telling your boss or person in charge that you want to use your paid holidays (yūkyū) for your day off or emergency day off .. they will minus it from your salary.



by chike20 rate this post as useful

Re: Salary no overtime, but deduct for sick days 2018/2/20 16:51
In a regular company, the contract usually states very clearly the breakdown between the monthly base salary and the overtime pay rate, and in some cases they might tell you the maximum amount of allowed overtime (as some companies have internal policies limiting it in favor of work/life balance) so that you can get an idea of the maximum achievable income per month.

I think your company did not explain where those 270,000 per month were coming from, and you just found out the actual breakdown in your pay stub. I also think this is wrong and a dirty move by your company, but surely there's some wording in the contract that implies this is not "base" salary. If that's not the case, you may want to have your case reviewed by a lawyer and see how you can fight back.

Based on this logic, since 80,700 are only obtainable through overtime, it means that every time you work less than the amount of hours that equals to that overtime pay, they will just pay you less.

As for absence due to sickness, unfortunately it is very uncommon for companies in japan to offer paid sick days as in the U.S., so you have to use your paid vacation days (or make use of flex time if your company allows) to not have it deducted from your salary.
by burrito (guest) rate this post as useful

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