A court has ordered the employer of a dead live-in janitor to pay ¥4,200,000 in overtime payments to him, for time he spent drinking and indulging in his plamo modelling hobbies. The company did at least get out of paying the other 36 million yen demanded.
The employer argued that not all the time he spent on call in the janitor’s room whiling away his time should not be included for the purpose of calculating overtime payments, but the judge would have none of it, saying “During this time he was always on call and available to deal with issues raised by building residents, so it must be considered overtime.”
However, the judge did concede that time spent visiting the hospital or walking his dog was personal activity, and so should not be the target of overtime payment. This got the employers out of paying him to walk his dog, which would have cost them another $40,000.
To further complicate matters, the man in question was dead – his wife had apparently worked together with him during the three year span of the job, from 1997-2000, and brought a case against the company for no less than 40 million Yen, using arithmetic of the most optimistic kind.
The case seems finally to have been settled, after being bounced around various courts, and the man can doubtless rest easy in his grave knowing he was properly compensated for his modelling efforts.