Unpaid Overtime
Sample Cases
CASE 02
Providing evidence of overtime leads to recovery of approximately 4 million yen in unpaid overtime
Case of Client F
Client F is a truck driver in his 30s that was working at a transport company with about 20 employees.
He was working long hours from evening to the following evening every day with almost no days off, but his salary was lower than others working at similar companies.
Client F requested for the company to pay overtime, but the company refused to pay, and further responded by asking him to leave the company.
Client F decided to claim overtime, even if it meant taking them to court, and came to us for advice.
Approximately 4 million yen in unpaid overtime recovered
We sent certified mail to the company and requested for them to pay unpaid overtime amounting to approximately 5 million yen. The lawyer representing the company replied that they would agree to pay about 500,000 yen.
We determined that making a claim in court would result in a higher payment, and filed for a labor tribunal.
As a result, we succeeded in making the company pay 4 million yen.
Key Points
The reasons for Client F’s victory were that he had a copy of the charts recorded by the tachograph installed in the truck and that he was able to describe his driving routes and work to the court in detail.
When getting a court to recognize overtime, we must prove that the overtime was real, so it is important to have objective evidence such as time cards or driving records.