Viele japanische Unternehmen haben ihren Mitarbeitern Überstunden auferlegt, was gegen das Arbeitsrecht verstößt, und Überstunden zu leisten war eine Tugend japanischer Mitarbeiter.
Heutzutage lehnen jedoch viele junge Japaner Überstunden ab.
Die Ablehnung der von den Unternehmen auferlegten Überstunden kann unter Umständen Disziplinarmaßnahmen oder Entlassungen nach sich ziehen. Dennoch ist es immer noch umstritten, ob das Leugnen illegaler Überstunden ein rechtlicher Grund für eine Entlassung sein kann.
https://news.yahoo.co.jp/articles/84a84e47dad44f097e0e1dc30386258edab5b687
11 Kommentare
Why denying the illegal overtime work can be a legal reason to be laid off ?
I mean in what world could you be fired to refuse illegal stuff ?
Yup, that is why there is a term for that, 社畜 – Shachiku, corporate slaves.
Why is this debatable? It’s clearly not a legal reason, just that the companies do it. What’s the debate?
In Japan, employees’ rights are very strongly protected. It’s a society where it’s difficult to fire workers🥱
That’s one reason the economy has stagnated.
What you gonna do fire them and hire foreigners? Lol
Read the article, what is written follows what the law says as far as I know and is not taking sides.
As a premise: your company can ask you to do over time based on the work conditions stipulated in your contract and the company rules, however there are legal limits to how many hours of overtime they can mandate.
The above is based both on the fact that you have signed a mutual contract with the company and that the company has the 命令権, basically the capacity to order the worker to do a certain job within the limits of the contract and the law.
Now, refusing to do overtime or not and by how much is a case-by-case story. If you leave your tasks unfinished and refuse to do overtime (like an example in the article) it can be debated if the company has legal bandwidth to take measures against you. I am against overtime, specially when it is unnecessary and based on peer pressure, but saying that an employee should just be able to unilaterally refuse overtime is too extreme imho.
Unionize, you have GOT to unionize people. Especially with Japan’s laws that generally favor unions more than many countries.
My company try and force me to offset everything as flex time. It’s bullshit. So I’ve started refusing this and they said it will impact my evaluation.
I personally think people need to be able to be fired much more easily here.
Fire all of the old people, kick the can on the pension system and build a soup kitchen or two nearby. I hate the old people here. Lazy ass mother fuckers.
Overtime isn’t prohibited, but it is heavily regulated. You should be very careful with the clauses in your contract when you sign it. For example, if it includes a clause for 固定残業 (kotei zangyō), and the company assigns you work that can’t be completed within regular hours, you’ll be obligated to work overtime, or you could be fired for poor performance or lack of skills. Read carefully before signing to avoid surprises.
You can thank that demon husk Takaichi for this one. Instead of clamping down, she uncapped restrictions on overtime, and raised prices via inflation.
Coincidence?!
I think not.