Upper limits on overtime: in principle 45 hours a month and 360 hours a year, and even with special provisions 720 hours a yearThere is a limit on overtime: "no more than this"
The upper limit on overtime is set by law, with penalties, at 45 hours a month and 360 hours a year in principle. Even under an Article 36 agreement with special provisions, which labor and management may agree on when there are temporary special circumstances, limits such as 720 hours a year cannot be exceeded. Violations may be punished by imprisonment of up to 6 months or a fine of up to JPY 300,000.
Key points
- Even with special provisions, overtime must stay within 720 hours a year
- Overtime and holiday work combined must be under 100 hours in any month, and the average over any 2 to 6 months must be 80 hours or less per month
- The 45-hour monthly limit may be exceeded in only up to 6 months of the year
- With or without special provisions, overtime plus holiday work must be under 100 hours a month and average 80 hours or less over 2 to 6 months (example: 44 hours of overtime plus 56 hours of holiday work is a violation)
- Whether something is illegal is judged by hours over the statutory working time, not over the contractual working time
What to do in practice
- Check that the hours in the special provisions of your Article 36 agreement are within the limits
- Total overtime and holiday work for each month, and also check the multi-month averages
Working longer than the hours a company has set is called overtime. The law sets an upper limit on overtime, and companies must follow it no matter how busy they are. It is a rule to keep workers from getting sick. This limit applies to every company, whatever its size.
- 1. NormallyUp to 8 hours a day and 40 hours a week
- 2. AgreementThe company and a representative of the workers make an Article 36 agreement
- 3. FilingIt is submitted to the Labor Standards Inspection Office
- 4. LimitUp to 45 hours a month and 360 hours a year. Even at special times, up to 720 hours a year
Points
- Normally, work is limited to 8 hours a day and 40 hours a week
- To make people work longer than that, the company and a representative of the workers must make an agreement (called an "Article 36 agreement")
- Even with that agreement, overtime is in principle up to 45 hours a month and 360 hours a year. Even in very busy times it is up to 720 hours a year, and there are penalties for breaking the rule
What the words mean
- Article 36 agreement
- An agreement between a company and a representative of its workers that allows overtime
- Special provisions
- A deal that stretches the limit just a little for very busy times
- Ministry of Health, Labour and Welfare (MHLW): MHLW: Upper Limits on Overtime Work - Plain Explanation
This article summarizes and explains materials published by government agencies and is not advice on any individual case. Rules can change, so for actual procedures and decisions always check the latest original materials and consult professionals such as tax accountants or labor and social security attorneys. English, Simplified Chinese and Traditional Chinese versions are translations prepared from the Japanese articles for convenience. If anything differs, the Japanese text and the original source take precedence.