It is 9pm on a Tuesday. Half your team is still at their desks. Nobody has said anything about leaving. You are not sure if staying late is expected, encouraged, or just the culture — and you have no idea whether what your company is asking of you is even legal.
If that sounds familiar, you are not alone. And you are almost certainly not as protected as you think — but you have more protection than many foreign workers realise.
Here is what you actually need to know.
The Legal Baseline Japan Starts From
Japan’s Labor Standards Act sets hard limits on working hours: 8 hours per day, 40 hours per week. Work beyond those statutory limits is illegal — and can expose the employer to penalties — unless your employer has filed a specific legal document called an Article 36 Agreement (36協定, san-roku kyōtei).
The agreement is named after Article 36 of the Act. It is the lawful mechanism for a Japanese employer to have you work beyond the statutory limit or on a statutory holiday. If your contract says 7 hours per day, working past 7 may still matter for pay and workplace rules, but the 36 Agreement question is specifically about work beyond the legal 8-hour / 40-hour baseline.
Most companies have one. But having it filed does not mean overtime is unlimited.
The Numbers That Protect You
The 36 Agreement sets caps, not a blank cheque. Here are the limits that apply to most workers in 2026:
| Rule | Cap | What it means in practice |
|---|---|---|
| Normal monthly overtime | 45 hours/month | The standard 36 Agreement should stay within this in ordinary months |
| Normal annual overtime | 360 hours/year | The ordinary yearly ceiling before any special clause logic |
| Special-clause monthly ceiling | Under 100 hours/month, including holiday work | Even a crunch month cannot cross this line |
| Special-clause annual ceiling | 720 hours/year | The hard yearly ceiling when special circumstances are used |
| Rolling average ceiling | 80 hours/month over any 2–6 month period | One extreme month can create a problem across several months |
| Months above 45 hours | Maximum 6 months/year | A company cannot treat the special clause as permanent operating mode |
That 80-hour average figure is not arbitrary. It is the threshold at which the statistical risk of karoshi — death from overwork — is deemed to increase significantly. The government has written the health risk directly into the law.
What Is Actually Law, and What Is Still Trend Talk
This is where a lot of English-language summaries drift into overstatement. As of April 6, 2026, the core overtime rules most foreign workers need are still the established 36 Agreement framework above.
What is true:
- Working interval systems are still an effort obligation, not a universal hard legal mandate. The MHLW continues to promote them strongly, and 11 hours is a common benchmark in government materials.
- A 13-day continuous-work cap has been discussed in MHLW research-group materials, but I would not present it as enacted black-letter law yet.
- I have not found an official MHLW “right to disconnect” rule that works like a new statutory overtime reform.
What I do think is fair to say, as inference rather than black-letter law, is this: the government is clearly still pushing employers toward healthier scheduling, better time tracking, and lower tolerance for chronic overwork. So if a company treats long hours as a permanent operating model, that is moving against the broader policy direction even when the exact next reform is not yet enacted.
Your Rights as a Foreign Worker
Japanese labor law applies to all workers regardless of nationality. Your passport does not change what you are owed.
Overtime premium rates are set by law:
| Work type | Minimum premium | Plain-English meaning |
|---|---|---|
| Statutory overtime | 125% | Work beyond the legal 8-hour / 40-hour baseline |
| Statutory holiday work | 135% | Work on the legal weekly holiday |
| Overtime above 60 hours/month | 150% | The higher monthly overtime premium |
If you work beyond your contracted hours but not beyond the statutory limit, the pay treatment can be different. The clean legal floor is that the 125% premium applies to overtime beyond the statutory working-hour limit.
Your employer cannot pay you less than a Japanese colleague doing the same overtime, and cannot use your visa category as a reason to deny these protections.
One area where your pay structure often interacts with working hours is the “Deemed Overtime” system (minashi zangyō). This is common in office, startup, IT, sales, and other salaried roles. It is a fixed-overtime arrangement where a set number of overtime hours is baked into your monthly salary rather than tracked individually. The key legal point is not a special 2026 rule. It is the ordinary rule: if the deemed amount is lower than your actual legally payable overtime, your employer still owes you the difference.
How to Check If Your Protection Is Real
A 36 Agreement is only valid if it was filed correctly and if the worker representative who signed it was legitimately elected. This matters because a void agreement means the company has no legal basis to ask for any overtime at all.
A valid worker representative must be:
- Elected by a democratic process (vote, show of hands, or signature sheet) — not appointed by management
- Supported by more than 50% of the workforce
- Not a manager or supervisor under Article 41
- Elected with all workers informed — including part-timers, contract staff, and foreign nationals
The important practical point is that the company must notify workers of the agreement and should be able to show it. You can ask HR for a copy. Electronic filing is available and encouraged through the government’s systems, but I would not assume every company files digitally.
What to Do If Something Feels Wrong
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Track your own hours
Start logging your actual start and end times. Also keep records of after-hours Slack, email, or LINE if your manager is directing, approving, or obviously expecting work through those channels. You need your own record — do not rely on the company’s attendance system alone.
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Ask HR for your 36 Agreement
You have the right to see it. Check the monthly and annual overtime caps that your company has agreed to. If they cannot produce it, that is itself a compliance problem.
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Compare your actual hours to the caps
If your monthly overtime is consistently near or above 45 hours, or if you have hit 80+ hours in any month, you are operating in the zone where your employer has serious legal and health-management obligations. At 80+ hours of overtime and holiday work in a month, a worker who has accumulated fatigue can apply for an industrial-physician interview, and employers are also expected to respond seriously even where the worker does not push the issue.
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Use the multilingual support lines
The MHLW operates multilingual consultation windows specifically for foreign workers. Some are phone lines with call charges, while some local labor-bureau consultations are free in person or by phone. The foreign worker consultation guide is the best starting point.
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Know that complaining does not cost you your visa
Asserting your labor rights as a foreign worker does not affect your visa status. Your work visa may be tied to your employer or job activity, but labor law complaints are handled by a separate government body — the Labour Standards Inspection Office — which has no jurisdiction over immigration status.
The Company Signal You Should Not Ignore
One of the clearest signals of a healthy workplace is whether the company can tell you — specifically — what its 36 Agreement caps are and show you the filed document.
Companies with a genuine work-life balance culture tend to know their numbers and stay well below them. Companies that are vague about overtime limits, or that treat the 36 Agreement as a formality they signed once and forgot about, are telling you something about how they operate.
Ask the question before you sign, or early in your first month. The answer will tell you a lot.
Key sources: MHLW’s plain-language guide to overtime, 36 Agreements, and premium pay, the MHLW page on Article 36 Agreement filing, MHLW guidance on electronic filing, MHLW information on working-interval systems, and the multilingual foreign worker consultation guide. For long-hours health measures, see MHLW’s guidance on industrial-physician interviews for long working hours.
