Unpaid Overtime

Sample Cases


Full commission worker claims minimum salary and overtime

Case of Client E

Client E is a taxi driver that was working under a full commission system, but was paid less than 100,000 yen a month despite working full time plus overtime.
Questioning the accuracy of his pay, he came to us for advice.

Pointing out the legal violations of the other party led to a 1.8 million yen settlement.

By dividing Client E's salary by a rough estimate of his work hours, we found that it was highly likely that he was being paid less than minimum wage, so we sent certified mail to the company and requested for the company to pay the amount legally required under minimum wage law plus overtime.
Not long after, an attorney representing the company joined negotiations.
We disclosed the client's work hours via the attorney and requested that the company pay the yet unpaid amount.
As a result, Client E received a settlement of 1.8 million yen without going to court.

Key Points

By pointing out the legal violations of the other party in the text of the relevant law and expressing our intent to notify the Labor Standards Inspection Office, we were able to swiftly resolve the case.
Minimum wage and overtime pay is also guaranteed for people who receive a commission-based salary.
It is easy to identify violations in transport and other industries where specific methods are mandated for recording work hours.
However, many company managers hire people without understanding this.
If you have any doubts about whether your salary is being paid correctly, we recommend that you ask an attorney for advice.

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