Overtime Pay for Employed Physicians: The Recognition of Article 37 of Japanese Labor Standar Act
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.