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Labor Issues

Q. I work 2-3 hours overtime daily but the company insists it's covered by deemed overtime. Can I claim back 3 years of unpaid overtime?

A.

You can claim overtime exceeding deemed hours. The 3-year statute of limitations applies, so act promptly with evidence.

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Deemed overtime requires: clear separation from base pay, specified hours, and payment of excess (Supreme Court 2018). If actual overtime exceeds deemed hours, you can claim the difference. The statute of limitations is 3 years from April 2020 (Labor Standards Act Art. 115). Secure time cards, PC logs, and email timestamps as evidence. Filing with the Labor Standards Office (Art. 104) is also effective.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.

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