GUIDE · OVERTIME
Overtime rules in Japan (36 Agreement)
残業の上限と36協定Saburoku kyotei
In Japan, no employee may legally work overtime until the employer has signed and filed a “36 Agreement” — and even then, strict caps apply.
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Normal cap
45 h
A month, 360 h a year
Absolute
720 h
A year, with special clause
Monthly
<100 h
Overtime + holiday work
Average
80 h
Over any 2–6 months
First: sign and file a 36 Agreement
Overtime beyond the legal working hours (generally 8 hours a day and 40 a week) and work on legal holidays are allowed only after the employer signs an agreement with the employees’ representative and files it with the labor standards office. It is named after Article 36 of the Labor Standards Act.
The caps
| Rule | Limit |
|---|---|
| Normal limit | 45 hours a month and 360 hours a year |
| With a special clause | 720 hours a year |
| Overtime + holiday work | Under 100 hours in any month, and 80 hours on average over any 2–6 months |
| Going over 45 hours | No more than 6 months a year |
Breaking the caps can lead to imprisonment of up to 6 months or a fine of up to ¥300,000. Some jobs, such as new technology R&D, have different rules.
Overtime pay and records
- Pay the legal premium for overtime, late-night and holiday work
- Record working hours objectively — see Attendance and payroll
- Write overtime rules into contracts and work rules — see Employment contracts
FAQ
What is a 36 Agreement in Japan?
A written agreement between the employer and the employees’ representative, filed with the labor standards office, that is required before employees can legally work overtime or on legal holidays.
What is the overtime limit in Japan?
Normally 45 hours a month and 360 a year. With a special clause, up to 720 a year, with overtime plus holiday work under 100 hours in a month and 80 hours on average over 2–6 months.
What happens if I break the overtime cap?
Employers can face imprisonment of up to six months or a fine of up to ¥300,000.
Sources
- Overtime caps explained (時間外労働の上限規制 わかりやすい解説) — Ministry of Health, Labour and Welfare
- Overtime, holiday work and premium pay — Check Your Working Conditions, MHLW
This page is a plain-English summary, not legal advice. The official Japanese guidelines always take priority.
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