Some people do not receive overtime pay as they should. This seems to be a problem particularly in the case of foreign workers. Many are forced to provide "complementary overtime" for which they are not paid at all, even though they work in excess of the working hours regulated by law.

In other cases, overtime wages are paid, but the amount is not enough because the calculations are not done correctly. In other cases, a company may be dishonest in the way it calculates regular wages, making both regular and overtime wages lower than they should be.

To file a claim against a company for overtime pay, you must have evidence of overtime work, such as time cards and daily reports. For time cards, for example, we recommend that you take a picture of the records of your arrival and departure times at work for the end of each month with your smart phone or similar device. If you do not have a time card, the history of the IC card of the train you use to commute to work or the log of the start-up time of your computer at work may be used as evidence.

If you have not been paid overtime as required by law, you may file a claim against the company for payment. However, as explained in the section on wages, it becomes more difficult to file a claim after three years have passed from the payday when that overtime pay was originally due.

One way to file a claim is to consult with your local labor standards office or labor union and file a claim against the company. Another possible method is to consult a specialist. The Migrant Worker Research Group also offers consultation on overtime pay.