Unpaid Overtime

Consultation
I work 11 hours per day, 6 days a week, but the company won’t pay for overtime.

Counsel
You can claim premium wages of 1.25 times the regular hourly wage for hours worked in excess of 8 hours a day and 40 hours a week. In order to claim unpaid overtime wages, you need to prove your working hours. In addition to time cards, handwritten notes that show the exact starting and ending times of work can be presented as evidence. If your wages are below the legal minimum wage, you can also claim the difference between your wages and the minimum wage. Wages are subject to the statute of limitations which expires three years after the date of monthly payment, so you should file a claim as soon as possible.

Injuries at Work

Consultation
I was injured at work by a press machine and had three fingers amputated, but the company did nothing to help me.

Counsel
If you apply for Workers' Accident Compensation Insurance, you can receive 80% of your salary for the period you were absent from work, medical expenses, and a pension or lump sum payment to compensate for any after effects. In some cases, you may also be able to claim compensation from the company for your losses.

Employment Terminated Suddenly

Consultation
I have been working under the status of residence of "Specialist in Humanities/International Services," but I was suddenly fired two months before the visa expiration date.

Counsel
They need to have a proper reason for dismissal, and without one, dismissal is invalid.
There are two ways to solve the problem:

1. ① to have your employer recognize your status as an employee, let you work at your current workplace and pay your salary, or
2. ② to have your employer pay you compensation in exchange for resigning.

In your case, there is not much time left before the residency term expiration, so you should consult with us as soon as possible.

Death due to Overwork

Consultation
My father, who worked overtime until late every day and also went to work on weekends, suddenly died of heart failure.

Counsel
If a worker works more than 80 hours of overtime per month on average and dies of a heart or brain disease, it is likely to be recognized as death due to overwork and the bereaved family will receive compensation from Workers' Accident Compensation Insurance. If death due to overwork or suicide due to overwork is recognized, there are many cases where a claim for damages can be made against the company in addition to the compensation provided by Workers' Accident Compensation Insurance. Since there are detailed standards for certifying overwork death as a work-related injury and evidence needs to be collected to prove the working hours, it is recommended to ask a lawyer for help.

Sudden Termination of Internship

Consultation
I have been working as a trainee, but was suddenly told by my training provider to terminate my training and return home.

Counsel
If you are not responsible for the reason why you are no longer able to continue technical training, you can demand that the supervising organization or company find you a new place to train. OTIT also has a consultation service for technical intern trainees. If you are unable to find a new internship site, in the worst scenario, you will have to return to your home country. Therefore, we recommend you to consult with a lawyer who is familiar with foreign workers’ cases as soon as possible. It is fundamentally illegal to send foreign employees back to their home country against their will.

Traffic Accident

Consultation
I was seriously injured when I was hit by a car.

Counsel
When injured in a car accident, you may be able to claim medical expenses, compensation, and wages that were not paid to you because you missed work. In addition, if you are left with after-effects, you may be able to claim additional compensation and lost earnings. However, the amount you can claim will depend on the circumstances of the accident and your status of residence.