Corpus

Overtime and working hours in Japan

an agreement is required first, and since 2019 there is a hard ceiling

Japan's statutory working day is 8 hours, and 40 hours a week. Anything beyond that is unlawful unless the employer has first concluded a specific agreement with its workforce — and since 2019 there is a ceiling that the agreement itself cannot exceed.

This page explains the rules. For the numbers — how much overtime companies report — see the benchmark page.

The Article 36 agreement comes first

To require any overtime at all, the employer must conclude a written agreement with the union or with a representative of a majority of employees, and file it with the Labour Standards Inspection Office. It is universally called a "sanroku" agreement after Article 36.

Without a valid filed agreement, overtime is a criminal offence regardless of whether the employee consented or was paid for it.

The caps, in force since April 2019

The agreement may not permit more than 45 hours a month and 360 hours a year. A special clause allows temporary excess in genuinely unavoidable circumstances, but even then: no more than 720 hours a year, under 100 hours in any single month including work on statutory days off, an average of 80 hours or less over any two to six consecutive months, and more than 45 hours in at most six months of the year.

The caps took effect for large employers in April 2019 and for small and medium-sized employers in April 2020, with later start dates for construction, driving and medical work.

Premium pay

Overtime carries a premium of at least 25%. Work on a statutory day off carries 35%, and work between 22:00 and 05:00 carries an additional 25%, which stacks. Overtime beyond 60 hours in a month carries 50% — a rate that applied to large employers from 2010 and was extended to small and medium-sized employers in April 2023.

Why reported figures look low

Companies publish a monthly average across their whole workforce, which mixes departments with very different loads. Averages also miss unrecorded hours: "service overtime" — hours worked but not logged — is a recognised problem in Japan and is by definition absent from the data. Read a low company average as a ceiling on the good news, not as proof.

Common questions

Is there a legal limit on overtime in Japan?
Yes. An Article 36 agreement may not permit more than 45 hours a month and 360 hours a year. Even with a special clause the limits are 720 hours a year, under 100 hours in a single month, an 80-hour average over two to six months, and more than 45 hours in at most six months. In force from April 2019 for large employers and April 2020 for small and medium-sized ones.
What is a 36 agreement in Japan?
A written agreement with the union or a majority representative, filed with the Labour Standards Inspection Office, without which any overtime is unlawful regardless of consent or payment. It is named after Article 36 of the Labour Standards Act.
What is the overtime premium rate in Japan?
At least 25% for overtime, 35% for work on a statutory day off, and an additional 25% between 22:00 and 05:00. Overtime beyond 60 hours in a month carries 50%, extended to small and medium-sized employers in April 2023.
Why do Japanese companies report such low overtime figures?
The published figure is a monthly average across the whole workforce, which mixes departments with very different loads, and unrecorded hours are by definition absent from it.

Before you rely on this

Other guides

Bonuses ・ Retirement lump sums ・ Graduate hiring ・ Paid leave ・ Overtime ・ Parental leave ・ Women in management ・ Reading salary figures ・ Contracts and dismissal ・ Annual securities reports ・ all guides.

Sources: Labour Standards Act, Articles 32, 36 and 37 (Act No. 49 of 1947). Summarised by Corpus; not provided or endorsed by any government agency. The figures behind the linked benchmark pages come from Japanese government statistics and company disclosure — see all benchmarks.