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Correspondence to overtime pay request

The issue of outstanding payment of overtime pay

Say that it becomes in bad times, and management becomes severe and cannot force unpaid overtime for employee.

When outstanding payment is found out, "correction advice" is made by labor standards office.

According to "correction advice," it becomes document sending if we do not correct and may be punished.

What is correction advice?

When "correction advice" is, so to speak, cautionary notices by labor standards office, and company manager employs employee, rule that you must follow is "the Labor Standards Law".

It is warning book named "correction letter missive" to be provided in violation of this rule.

There is with "penal servitude less than six months" or "fines less than 300,000 yen" when we see these penal regulations.

It looks good and is seen even if we do not obey "correction advice" as administrative advice does not have necessity, but if penalty of penal servitude or fine is established in "the Labor Standards Law" and does not correct according to "correction advice", it is document sending and may be punished.

With opportunity of "investigation" of "Labor Standards Inspection Office" leading to "correction advice", report from employee (including former employee) occupies big ratio.

Therefore, it is performed after survey by trouble basis station understood the actual situation of management in working hours of company.

Correspondence to labor standards office

Unfortunately there is little means that user is opposed to for trouble group station after trouble basis station begins investigation, and trouble basis station obtained various documents.

However, we think whether there are circumstances that we want to insist on as user who does not appear in document which we submitted to trouble basis station by all means.

For example, trouble basis station often calculates working hours for the cause in logon, logoff time for PC, but truly it is not revealed whether you worked until that time by PC the worker concerned.

It is not revealed whether you left desk with attaching power supply of PC to have dinner on the way.

In addition, about time card, there are parties of the workplace and can assume that there is when the time of time card becomes considerably late, and it is chopped after the close of the work time.

If there are these circumstances, we think whether trouble basis station can claim.

In this case at first please consult with lawyer.

In addition, in the Labor Standards Law, wage credit including overtime pay request reaches statute of limitations in two years.

When it is requested credit before two years, let's insist on period of limitation without thinning.

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