Former French president Nicolas Sarkozy said that you need to work harder to earn more. The now-popular phrase came out for the first time in 2007 during his campaign for the presidential election. But does working extra hours really mean making more money? In what countries is paid overtime guaranteed? Here are some tips to get you prepared.
These are the countries with the most extra hours
In Japan, “zangyo” means overtime. The country is notorious for its hardworking population. Yet, you were wrong if you considered Japan the worldwide leader regarding overtime. In 2016, a government survey showed that one in five Japanese was at risk for “karoshi” (death due to burnout). Back then, 22,7% of 1,743 companies stated that working 80 extra hours per month was normal. And yet, it was far beyond the standard 40 hours per week. So, they had to make amendments.
Can't think of other countries other than Japan? In 2021, Kisi, an international and innovative company, evaluated work-life balance worldwide in a global Index. Hong Kong ran first in the overtime competition, with nearly 30%. Singapore takes 2nd place with 25,1%, and Bangkok comes 3rd (20,2%), only one point above Buenos Aires. Seoul is 5th, while Japan only ranks 6th. Huston, Kuala Lumpur, Calgary in Canada, and London are not far behind.
The study reports that every extra hour worked has been duly remunerated, which may leave one skeptical. Working more does not always mean more money. For instance, employers in Japan don't always abide by the rules when it comes to paying extra hours. A study by the Japanese Trade Union Confederation in 2016 revealed that 44% of overtime was not remunerated. In a 2020 inspection, the Ministry of Health, Labour, and Welfare of Japan shows that 37% of 24 042 companies fail to follow overtime remuneration standards.
Getting used to working in a foreign country
You may have spotted your dream job in a foreign country, but before sending your CV, get to know the country's labor regulations. You may have to work more hours in certain countries. In 2021, employees in Mexico worked 2,128 hours, leaving Germany (1,349 hours) far behind, knowing that the OECD average is 1,716 hours. Although Japan is unexpectedly considerably below (around 1,607 hours), it almost observes Europe standards of 1,566 hours. Canada is the closest to the OECD average (1,685 hours). On the other hand, the US and South Korea are far above 1,791 and 1,915 annual working hours for the latter (OECD numbers).
You may be working 35, 40, or even 50 working hours per week… For instance, in France, 35 hours per week is legally acceptable (if no exemption applies). The total work time must not exceed 48 hours in a single week and 44 hours in a period of 12 consecutive weeks. The number of working hours in France can be raised to 60 if there is an exception approved by labor inspection. The positive side is that overtime is remunerated at a special overtime rate for each extra hour; you also have an allowance of resting hours equal to hours of overtime worked.
Gathering information on labor laws in the expat country is a way to figure out how to deal with your future work environment in the best way possible. Do further research if you are interested in a private job firm. Remember that, unlike other professions, jobs in agriculture, bakery, or personal assistance require working outside regular hours.
Fight for your rights
Some companies take advantage of expats, forcing them to do non-remunerated over time, especially when foreigners don't know much about the country's language or law. Yet, solutions exist; try a pacific approach before reporting the case to the local authorities.
“I can do better” is a trap
Picture this. Whether you are new or ancient in a company abroad, you might be asked to work overtime at some point. You may have noticed that your local or expat colleagues accept overtime, too; hence, you start thinking there is nothing wrong here. However, you may ask yourself whether this is a fair situation. For instance, your payslip is unclear, or you don't always receive one. You dare not complain to the management because your colleagues don't say a word either. You are afraid to be taken for “the foreigner who complains”, or worse, to get fired. You feel stuck, stressed, and worried and don't know who to turn to.
It's not the resume of a tragic TV show; this can be a real-life scenario. Expats often feel they must prove their worth regardless of their years of experience in a firm, and it's the same for locals. But as an expat, this fear of not doing enough is reinforced by the feeling of being an outsider. This explains why they work harder, even if it involves non-remunerated overtime. They are the last ones to go home and the first to clock in, and they often bring work home. They think being applauded by the management is the only thing that matters.
Don't get abused by employers
Start by reading your work contract. Everything should be clear and legal. Is there any mention of overtime? Talk to your colleagues. Are they in the same situation? Are they expats? Turn to the experienced staff, and ask them if overtime is a common thing in the company. If you feel they are open to the matter, create a group and respectfully discuss it with the management. If not, try to say no when your employer asks you to work extra hours. Ask to be remunerated for the past overtime. You know your rights; show it.
Even if you chose a simple discussion with your employer, gather proofs that you did work non-remunerated extra hours. If there is a trade union, seek information. Get help from associations that defend foreigners and immigration offices. If discussing the matter with your employer doesn't solve the matter, these organizations can refer you to legal institutions you may turn to.
Overtime in the US
If an employer fails to pay overtime for hourly or non-exempt employees in the US, they may easily face a lawsuit. The legal standard is 40 working hours per week. Employees who work more than this must be remunerated at a special rate of 1,5 times or more than their regular hourly pay (Fair Labor Standards Act).
However, the US law doesn't mention any weekly hour limit for employees, and it's unclear when it comes to hours worked during the weekend or on a public holiday. Some employers find it very convenient; they can easily bypass the payment of additional hours, claiming that the employees were never asked to work on a Saturday, a Sunday, or a public holiday. There is nothing easy in dissecting labor laws or exemptions, not to mention that it varies from one employee to another (full-time, part-time, temporary, etc.). It's better to turn to the Wage and Hour Division of the United States government.
Overtime in Japan
Dismiss the stereotyped Japanese employee sitting at his desk day and night from your mind. They no longer wait for their employer to go home. Things like keeping a job for life, extreme company loyalty involving not taking a single day off, or accepting non-remunerated overtime have been eradicated. Dedication to work went extinct in Japan. Karoshi's tragic deaths led to new legislation to protect workers and to remunerate overtime. However, certain companies still find a way to take advantage of employees.
Japan's standard working week consists of 40 hours by law. Any additional hour outside the standard working hours is considered overtime. Article 36 of the Labor Standing Act regulates working hours and prevents the exploitation of employees. This agreement must form part of any standard Japanese work contract (agreement 36). Any employee joining a company must sign it. You can also spot it under “Notice of agreement regarding overtime and holiday work". Employers who fail to the agreement are liable to 6 months of imprisonment and a 300 000 yens fine (approximately 2,140 euros).
Legal and illegal overtime
There are various overtime categories. Regular overtime (over 40 hours per week) is paid 25% more than the standard rate. Overtime for employees under casual labor contracts whose work days don't exceed 5 hours (under 40 hours per week) is limited. Extra time outside the 5 hours of work (not exceeding 8 hours per day) is considered overtime and paid hourly at a regular rate.
Despite regulations, work contracts can be shadowy with the mention of predetermined overtime (minashi zangyo). These are additional hours of work set in advance. Even if it's legal, it is quite discriminatory against the employee. These extra hours are not payable as they are not mentioned in your contract. The only way to turn the situation into a fair one is to put work aside during this non-remunerated overtime.
In Japan, it is common to pack your work and bring it home, just like a food order. It is called mochikari zangyo (take away additional hours). It is not considered overtime but is somehow compulsory. This is still the case in old-fashioned companies where employees keep a low profile toward their supervisor, compete with colleagues, and fear losing their job. Taking additional hours home is illegal. Same for sabisu zangyo (obligatory additional hours): here you are not asked to bring work at home but to work for free. Employers state that these non-remunerated additional hours are opportunities for the worker to self-improve when clearly there is nothing fair in working for free. Sadly, some Japanese companies have not yet cut down this practice.
Extra tips on overtime abroad
Before applying for a job abroad, gather information on the company. Is it reliable? What is it like to work there? Ideally, try to question the employees. If they complain, it should already set the tone. Be wary of employers who threaten to cancel your visa if you don't accept overtime; it is prohibited. Employers cannot force you to do overtime.
Useful links:
International Labor Organization
US: Department of Labor's Wage and Hour Division
Japan: Tokyo Employment Service Centre for Foreigners
France: Conseil des Prud'hommes
