Question from a reader:
I am having trouble with salary payments at my new workplace. On payday, there was no bank transfer to my account, and when I reported this to my boss, I was paid in cash just before leaving the company. However, upon checking the pay slip, I noticed that there was a shortfall, and I emailed my boss
again to inform him that the full amount had not been paid. I received a response from the president stating that the shortfall would be paid on next month’s payday. I find this very strange, and when I consulted a lawyer, I was told that since the payday has passed, the payment should be made immediately, not next month. I emailed my boss about this, but since I mentioned that I consulted a lawyer, is there a possibility that the shortfall will be paid immediately? Or am I worried that I might be treated as a nuisance? I have distrust regarding the unpaid salary and the lack of bank transfer. Will consulting a lawyer improve the situation? Or would it be better to consult the Labor Standards Bureau? I also think that consulting a lawyer might be less confrontational than going to the labor bureau. I would appreciate any advice.
Introduction
Troubles related to salary payments at a new workplace can be a very stressful situation for workers. In this case, there was no bank transfer on payday, and as a result, payment was made in cash, but not in full. In such situations, it is important to consider how to address the issue from legal, psychological, and ethical perspectives.
Legal Background
The Labor Standards Act includes several important provisions regarding salary payments. Essentially, the promised salary to workers should be paid by the specified date based on the contract. In this case, since the full amount has not been paid even after the payday, it is highly likely that this violates the Labor Standards Act. Furthermore, based on the lawyer’s advice, unpaid salaries should be paid immediately. This is based on laws that protect workers’ rights. Consulting the Labor Standards Inspection Office is also an option and can serve as a means to seek appropriate action.
Psychological Aspects
Such situations often cause strong anxiety and stress for workers. Feelings of anxiety arise not only from financial concerns but also from the breakdown of trust in the workplace and fears regarding future careers. Additionally, there is psychological pressure in communication with bosses and the president, fearing that one’s position may become precarious. From a psychological perspective, it is important for workers to feel a sense of self-efficacy (the feeling that they can improve the situation). Finding potential for improvement by consulting a lawyer can enhance this sense of self-efficacy. Such actions can also help in managing stress in the workplace.
Ethical Considerations
Ethically, proper treatment of workers is the responsibility of the entire industry. Particularly in the entertainment industry, where creative labor is prevalent, there is a need for discovering and nurturing new talents. Non-payment of salaries can lead to talent drain and a decrease in the overall credibility of the industry, so companies need to act with ethical responsibility. Honest payment based on labor contracts can be seen as part of a company’s social responsibility (CSR). If such ethical values are not ingrained in the corporate culture, trust with workers may be damaged, potentially hindering long-term growth.
Industry Regulations and Contract Law
The entertainment industry has specific contract laws and regulations. In particular, contracts with producers and production companies typically include detailed provisions regarding payment terms and compensation. If the contract is clear, it becomes possible to negotiate the payment of the shortfall based on legal grounds. Under contract law, the obligation to fulfill a contract is a promise made between the parties involved, and ignoring this can lead to legal issues. Therefore, regarding future salary payments, it is essential to carefully review the contents of the contract and seek legal advice if necessary.
Privacy Rights and Social Responsibility
If a worker informs their boss that they consulted a lawyer, how that information is handled is an important issue. From the perspective of privacy rights, the worker’s right to consult a professional should be protected, but there is a concern that this may lead to being treated as a nuisance. In such situations, it is necessary to assert one’s rights while being cautious not to worsen the workplace environment. Moreover, companies are also required to respect workers’ rights as part of their social responsibility and take appropriate action. Providing an environment where workers can work safely contributes to the company’s credibility and brand value, leading to long-term benefits.
Practical Advice
1. Review the Contract: It is important to review your current employment contract and check the clauses regarding the shortfall in salary. This will clarify your position and provide a basis for proceeding with necessary actions. 2. Keep Records: Maintain records of all documents and emails related to salary. Especially, communications with your boss and the president should be handled carefully, as they may serve as evidence later. 3. Continue Communication: Maintain open communication with your boss and the president, and continue to explain the situation to gain understanding. Direct dialogue can help resolve misunderstandings. 4. Consult a Lawyer: If anxiety persists, it is advisable to consult the lawyer again and receive specific advice, including legal procedures. Advice from a knowledgeable lawyer can be a strong support. 5. Consult the Labor Standards Inspection Office: If the problem remains unresolved or salary payments do not improve, consider consulting the Labor Standards Inspection Office. This can facilitate problem resolution through legal procedures.
Conclusion
Troubles related to salary payments are a serious issue for workers and need to be considered from legal, psychological, and ethical perspectives. Consulting a lawyer is the first step toward improving the situation, and taking appropriate actions can reduce anxiety and potentially lead to an improved work environment. By understanding your rights as a worker and taking necessary actions, you can build trust in the workplace. Ultimately, enhancing your sense of self-efficacy while choosing appropriate actions will be key to resolving the issue. I encourage all readers to assert their rights and take action to improve their work environment when faced with similar situations.
