A Foreign Worker’s Introduction to the 「36協定」Understanding Overtime and Holiday Work Rules in Japan

For foreign workers starting their careers in Japan, understanding the rules around working hours and overtime is crucial.「36協定 (さんじゅうろくきょうてい, sanjū-roku kyōtei)」, a labor-management agreement essential whenever employees are asked to work beyond the legal working hours. By reading this guide, you will gain clarity on what the 36協定 is, how it protects you, and the steps you can take if you encounter issues related to overtime.

What Is the 「36協定 (さんじゅうろくきょうてい, sanjū-roku kyōtei)」(36 Agreement)?

The 36協定(36 Agreement) is a specific agreement between employers and employee representatives that allows companies to have employees work beyond the 法定労働時間 (ほうていろうどうじかん, hōtei rōdō jikan), which generally means more than 8 hours a day or 40 hours a week, as well as on legally mandated holidays. Without this agreement, any overtime or holiday work is considered illegal under Japanese labor law.

In other words, the 36協定(36 Agreement) legally permits overtime and holiday work only within certain limitations. It must be submitted to the local Labor Standards Inspection Office (労働基準監督署, rōdō kijun kantokusho) for it to be valid. If your employer asks you to work overtime without a proper 36協定 in place, that’s a red flag.

Why Is the 36協定 (36 Agreement) Necessary?

The purpose of the 36協定(36 Agreement) is to protect workers from excessive overtime. It sets clear boundaries so companies cannot demand unlimited extra work. For employers, having a valid 36協定 means they can handle sudden increases in workload more flexibly. For employees, it ensures there are legal safeguards preventing the company from overworking them. Essentially, it’s a framework that balances business needs with workers’ health and well-being.

Overtime Limits Under the 36協定 (36 Agreement)

Even with a valid 36協定, overtime isn’t open-ended. The standard limit is up to 45 hours per month and 360 hours per year beyond the legal working hours. This ensures that employees are not routinely subjected to excessively long workdays or weeks.

If a company anticipates extraordinary circumstances where more overtime might be necessary, they can attach a special clause to the 36協定. However, this “special clause” can only be used for a limited number of months (no more than six times a year) and comes with stricter caps, such as a maximum of 720 hours of overtime per year and never exceeding 100 hours of overtime plus holiday work in a single month. These rules exist to keep long working hours from becoming a norm.

However, when companies anticipate extraordinary workloads that exceed these standard limits, they can turn to specially agreed-upon clauses to address these circumstances.

Special Clauses in the 36協定(36 Agreement)

When workloads spike unexpectedly, employers may utilize a special clause under the 36協定. But this is not free rein to overwork employees. Under this clause:

• Up to six months a year can exceed the standard 45-hour monthly overtime limit.
• Total yearly overtime is capped at 720 hours.
• Overtime plus holiday work in a single month cannot exceed 100 hours.
• The average overtime plus holiday work over 2–6 months must remain under 80 hours per month.

These additional checks are in place to prevent chronic long-hours work.

If the Company Asks You to Work Overtime

If your employer asks you to work overtime, first confirm whether a valid 36協定 is in place. If it exists and the overtime requested remains within legal limits, it’s generally permissible. However, if you’re nearing overtime caps, facing health issues, or have personal commitments, don’t hesitate to communicate these concerns.

Check that you receive proper overtime pay, and if the requests seem unreasonable or illegal, consider consulting an expert or reporting the issue to the Labor Standards Inspection Office. Knowing your rights and being proactive can prevent unhealthy working conditions.

How to Verify the Existence of the 「36協定」(36 Agreement)

Employers often post copies of the agreement in a common area or include it in the company handbook. If you are unsure whether your workplace has a valid 36協定, ask your HR department, union representative, or manager for confirmation. They should be able to provide details on the scope of overtime allowed and the specific procedures for requesting or approving extra hours.

If the employer cannot or will not show you the agreement, this may indicate a problematic situation that warrants further inquiry or consultation with the Labor Standards Inspection Office (労働基準監督署, rōdō kijun kantokusho).

Understanding 法定休日 (ほうていきゅうじつ, hōtei kyūjitsu) vs. 所定休日 (しょていきゅうじつ, shotei kyūjitsu)

Not all days off are created equal in the eyes of Japanese labor law. A 法定休日 is a legally mandated day off, typically at least one day per week, while a 所定休日 is a company-designated rest day that isn’t mandated by law. The distinction matters because working on a 法定休日 is considered “holiday work” and generally requires a higher overtime pay rate compared to working on a 所定休日. Before agreeing to any weekend or holiday shifts, it’s wise to confirm which type of day off you’re giving up, as this affects both your legal protections and your overtime pay calculation.

Mandatory Health and Welfare Measures for Long-Hour Workers

Under the 36協定, if workers exceed the standard overtime limits (e.g., monthly 45 hours or yearly 360 hours), employers are required to implement specific health and welfare measures to protect their well-being. These include:

• Medical Consultations: Workers exceeding certain thresholds, such as 100 hours of overtime in a month, must be offered consultations with a physician.
• Rest Time Between Shifts: Employers must ensure a minimum break period (勤務間インターバル), such as 11 hours, between the end of one workday and the start of the next to prevent fatigue.
• Special Rest Days or Paid Leave: Employers must provide additional time off or compensatory leave to help employees recover from long work hours.

These measures are designed to prevent overwork-related illnesses, including heart disease and mental health issues.

While these general measures offer comprehensive protection, certain specialized roles, such as those in research and development, face unique conditions that also require attention.

Special Exemptions and Responsibilities for Research and Development Roles

Workers in research and development (R&D) roles are exempt from standard overtime caps due to the unpredictable nature of their work. However, employers must still ensure worker protection by:

• Monitoring Overtime: Employers must track hours worked and ensure they are kept reasonable.
• Health Safeguards: Employers must provide regular health screenings, flexible work arrangements, and mental health support.
• Medical Intervention for Excess Overtime: If an R&D employee exceeds 100 hours of overtime in a month, the employer must arrange a medical consultation and adjust the workload if necessary.

These rules acknowledge the demands of R&D work while prioritizing the health and safety of employees.

Consequences of Violating the 36協定(36 Agreement)

If an employer either doesn’t have a 36協定 in place or ignores the overtime limits set within it, they are committing a labor law violation. The penalty can be up to six months in prison or a fine of up to 300,000 yen. Beyond legal penalties, such violations harm the company’s reputation and can lead to a loss of trust with employees, clients, and business partners.

From the worker’s perspective, a disregard for the 36協定 often correlates with long, unhealthy working hours, increasing the risk of health problems and an unbalanced life. Thus, both parties benefit from respecting the agreement’s boundaries.

Key Points for Foreign Workers

As a foreign worker in Japan, understanding the 36協定 can help ensure you’re treated fairly:

• Check for a 36協定: Ask if the company has a proper agreement filed. If you are asked to do overtime without one, that’s illegal.
• Monitor Your Working Hours: Keep track of your monthly hours. If you frequently approach or surpass 45 overtime hours in a month, you should consider seeking clarification or raising concerns.
• Consider Visa Restrictions: Some residence statuses (e.g., for students) cap weekly working hours. Even if the company’s 36協定 allows overtime, you must also comply with your visa’s conditions to avoid illegal employment.

Avoiding Problems and Handling Issues

• Before Starting Work: Review employment contracts and work rules to confirm that overtime procedures and limits are clearly stated.
• Use Attendance Tracking Tools: Regularly check your recorded work hours to ensure they match reality and do not exceed legal limits.
• Verify Proper Overtime Pay: Confirm that you are receiving the correct overtime premium. If you exceed 60 overtime hours in a month, higher rates may apply.
• Seek Help if Needed: If you suspect illegal practices, consider contacting a Labor Standards Inspection Office or consulting a labor attorney. They can guide you through your rights and possible actions.

Practical Action Steps

• Check at Hiring: Ask about the 36協定 and read the work rules or employee handbook carefully.
• Monthly Review: At the end of each month, review your hours. Are you approaching the 45-hour overtime limit, or is there a risk of hitting 100 hours with holiday work during special clause months?
• Provide Feedback: If excessive overtime seems continuous, bring it up with a manager or HR. Early intervention can prevent serious issues later on.

The 2024 Rule Expansion

Starting April 2024, industries previously given grace periods—such as construction, transportation, and the medical field—will also face these stricter overtime caps. If you work in these sectors, be aware that the rules will tighten, demanding more careful scheduling and workforce management. For foreign workers, this means a more predictable and legally guarded overtime environment, even in industries known for long hours.

How Worker Representatives Are Chosen for the 36協定(36 Agreement)

The 36協定 requires agreement between the employer and a worker representative, who must be selected through a fair and transparent process. The key requirements are:

• No Management or Supervisors: The representative must not hold a management role (e.g., factory manager or supervisor).
• Democratic Selection: Workers must choose their representative through voting or other open methods. For example, in the absence of a labor union, workers can organize an election.
• No Employer Interference: The employer cannot appoint the representative or influence the selection process. For instance, a company cannot automatically assign a team leader as the representative.

This ensures the representative genuinely represents the workers’ interests and avoids conflicts of interest

Official Government Resources and Support

If you suspect that your employer is violating overtime regulations or if you need clarification on your rights under the 36協定, you can seek help from official government resources.

When in doubt about your rights or facing potential violations, turn to these official Japanese government resources. They offer reliable information, and many provide guidance in multiple languages:

Organization for Technical Intern Training (OTIT):
https://www.otit.go.jp/
If you are in Japan under a technical intern program, OTIT provides resources, guidelines, and support to ensure fair working environments.

Ministry of Health, Labour and Welfare (厚生労働省, kōsei rōdōshō):
https://www.mhlw.go.jp/english/
This is the central authority on labor policies, including the 36協定. The website provides English-language summaries of labor laws, manuals, and contact information.

Labour Standards Inspection Offices (労働基準監督署, rōdō kijun kantokusho):
https://www.mhlw.go.jp/english/topics/labour_standards/index.html
These offices enforce labor standards and can assist if you suspect a 36協定 violation or other unlawful practices.

Tokyo Labour Consultation Center (for multilingual consultation):
https://www.hataraku.metro.tokyo.lg.jp/sodan/foreigner/index.html
Offers free consultation in multiple languages, helping you understand your working conditions and how to address problems.

Summary

The 「36協定 (36きょうてい, 36 kyōtei)」 provides a legal structure that balances business demands with the well-being of employees. Familiarizing yourself with its rules ensures you know when overtime is legitimate and when it may be violating your rights. Should problems arise, remember that legal support and official guidance are available. Understanding and leveraging these protections is a vital step toward a healthier, more sustainable working life in Japan.