Question from a reader:
I have a question about overtime pay. I was told that if I work overtime, I need to notify my supervisor in advance and get permission; otherwise, I won’t be paid for the overtime. However, in reality, I am being made to work unpaid overtime before I can notify anyone. When I report it afterward, I am
told it’s difficult to address. Is this illegal?

Legal Perspective on Overtime Pay: Protecting Your Rights

I received a question about overtime pay. It seems that many people are troubled by the rule that overtime pay will not be provided without prior notification. I had a similar experience myself when I was working part-time during my student days. This time, I will consider this issue from a legal perspective, taking that experience into account.

What is Overtime?

First, how is overtime defined? According to the Labor Standards Act, it refers to working beyond the hours that the worker has contracted. In contrast, overtime pay is the compensation that should be paid in addition to the regular wage based on the Labor Standards Act. Essentially, for hours worked beyond the statutory working hours, wages should be paid at least 1.25 times the regular wage. What is important here is that workers have the right to this.

Is the Rule of Prior Approval Legal?

Regarding the rule mentioned by the questioner, “If I do not notify my supervisor in advance and obtain permission, I will not be paid for overtime,” how does this stand legally? In fact, some companies have such rules. However, what the law requires is that workers have the right to receive fair compensation for their working hours. If there is a rule of prior approval, the fact that overtime pay will not be provided without permission from a supervisor is likely to violate the Labor Standards Act. If a worker is actually working overtime, they have the right to receive appropriate wages for that time. Being told that it is difficult to address after reporting is an extremely unfair treatment and constitutes a violation of workers’ rights.

Unpaid Overtime is Illegal

Now, regarding the “unpaid overtime” mentioned by the questioner. This is clearly illegal. Article 37 of the Labor Standards Act guarantees the right of workers to receive compensation for the hours they actually worked. Being forced to work unpaid overtime means that the company is ignoring the law. In such cases, workers have the right to consult with the Labor Standards Inspection Office. In fact, I know someone who found themselves in this situation. He was working at a small company and was always told by his supervisor, “If you don’t report it, you won’t get paid for overtime,” despite always working overtime. He eventually consulted the Labor Standards Inspection Office, and the company had to take corrective measures. As a result, he was able to receive his unpaid overtime. Thus, asserting your legitimate rights is very important.

How Should You Respond?

So, if you find yourself in a situation like the questioner, how should you respond? First and foremost, it is important to keep records. Clearly document the hours you worked overtime and the details of that work, and keep a written record of your communications with your supervisor. This will serve as evidence later on. Next, consulting with your company’s labor union or human resources department is another option. They play a role in protecting workers’ rights, so you are likely to receive proper support. Additionally, you might consider consulting the Labor Standards Inspection Office. Here, you can receive advice based on the law and guidance on the necessary procedures.

In Conclusion

The issue of overtime pay is very delicate, and many workers are likely struggling with it. However, by understanding your rights and taking action, you can improve your situation. The law is on your side, and asserting your legitimate rights is never a bad thing. I myself will likely work in various workplaces throughout my life. In doing so, I hope to realize a better working environment using legal knowledge and psychological insights. And if I can help those who are struggling in a similar way regain some strength, that would be my happiness as well. I encourage you to take a step forward as well.