受僱醫師加班費：日本勞動基準法第37條之認定【寰宇醫事裁判】 試閱
Overtime Pay for Employed Physicians: The Recognition of Article 37 of Japanese Labor Standar Act
本件原告為受僱於被告醫療法人之醫師，雙方於2012年約定原告年薪為1,700萬日圓，年薪中包含底薪、各津貼、獎金等，平均月薪為1,201,000日圓；原告在遭被告解僱後，就「法定時間外勞動」及「深夜勞動」部分向被告請求延時工資，惟本件原告與被告間並未於契約中明確區分月薪中對應於延時工資為何。法院審理結果，在一審認為上開延時工資不能包括在年薪中支付，二審認為本件勞動契約尚屬合理，被告並未怠忽對原告之保護，最高法院則認為如以支付本薪和津貼之方式預先支付延時工資並無不可，但須檢視契約中是否已記載關於預先支付的部分。
The plaintiff is a physician employed by the defendant which is medical legal person. The two parties agreed in 2012 that the plaintiff’s annual salary was 17 million yen, including the basic salary, various allowances and bonuses, so the average salary was 1.2 million 1,000 yen pro month. After being dismissed by the defendant, the plaintiff requested for the time-delayed wages because of “labor outside legal time” and “late night labor,” for the reason that the contract between plaintiff and defendant did not clearly distinguish which part of the monthly salary corresponded to the delayed wage. The judgment in the first instance considered that the delayed wages could not be included in the annual salary. However it was believed in the second instance that the labor contract was reasonable and the defendant did not neglect the protection of the plaintiff. The Supreme Court hold the opinion that the delayed wages could be payable in advance by the payment of the salary and allowance, but it is necessary to check whether this part of payable in advance has been recorded in the contract.
122-128
