Work hours, overtime, and paid leave in Japan: what SSW workers need to know

Japan's Labor Standards Act (労働基準法, rōdō kijunhō) sets the legal maximum at 8 hours per day and 40 hours per week. Any time worked beyond these limits is overtime and must be compensated at a higher rate — with one exception covered below.

Rest period requirements: if you work more than 6 hours in a single shift, you are entitled to at least 45 minutes of rest. If you work more than 8 hours, you are entitled to at least 60 minutes. These rest periods must be taken during the shift — they cannot be deducted from your pay and then given back at the end of the day. Eating your lunch in 10 minutes while staying near your workstation so you can respond if needed is not a rest period.

Weekly rest day: you are entitled to at least one full rest day per week (or four rest days per four-week cycle). Rest days should be specified in your labor contract. Working on a scheduled rest day is 'statutory holiday work' and is paid at a premium rate (see below).

Shift patterns: many SSW workplaces operate rotating shifts — morning, afternoon, and night shifts, especially in food production and manufacturing. Your contract should specify which shift patterns apply to your role. If your actual shift schedule is regularly changed on short notice without your agreement, this is worth raising with your employer or support organization.

Before an employer can ask employees to work overtime, they must conclude a written agreement with employee representatives and file it with the Labor Standards Inspection Office. This agreement is called a 三六協定 (sanjūroku kyōtei, or '36 Agreement' — named after Article 36 of the Labor Standards Act). If your employer does not have a filed 36 Agreement, requiring overtime is illegal regardless of business necessity.

Ordinary overtime limits: under a standard 36 Agreement, overtime is capped at 45 hours per month and 360 hours per year. This is the maximum your employer can regularly require. Occasionally, employers file for a 'special clause' (特別条項, tokubetsu jōkō) which allows up to 100 hours in a single month or 720 hours per year — but this can only be invoked in genuine temporary spikes of work, not as a routine arrangement.

Overtime beyond these caps: if you are regularly working more than 45 hours of overtime per month, your employer may be in violation of the law. Many foreign workers are not told about these limits and assume that complying with every overtime request is mandatory. You have the right to ask to see the 36 Agreement that covers your workplace.

Unpaid overtime (サービス残業, sābisu zangyō): a widespread but illegal practice where workers are expected to stay late, start early, or attend pre-shift briefings without being paid for that time. Any time your employer requires or expects you to be present and available — including 'voluntary' briefings before your shift clock-in time — counts as working time and must be paid.

Standard overtime (time beyond 8 hours in a day or 40 hours in a week): your regular hourly rate × 1.25. So if your base wage is ¥1,000 per hour, overtime is paid at ¥1,250 per hour.

Late-night work (深夜労働, shinya rōdō): any work performed between 22:00 and 05:00 must be paid at a minimum of 1.25× your regular rate, regardless of whether it is overtime or part of your regular shift. If this late-night work is also overtime hours, the rates stack: 1.25 (overtime) + 0.25 (late night) = 1.50× your regular rate.

Statutory holiday work (法定休日労働, hōtei kyūjitsu rōdō): working on your designated statutory rest day must be paid at 1.35× your regular rate. Note: Japan distinguishes between 'statutory holidays' (the legally required one day per week) and 'contractual holidays' (extra rest days your employer has added). The 1.35× premium applies specifically to the statutory holiday. Work on additional contractual days off is treated as regular overtime.

Your payslip should show these separately. Look for 時間外手当 (jiangai teate, overtime allowance), 深夜手当 (shinya teate, late-night allowance), and 休日手当 (kyūjitsu teate, holiday work allowance). If you are regularly working overtime or late nights and these items do not appear on your payslip, your employer may be underpaying you.

After completing six continuous months of employment with the same employer, and having worked on at least 80% of your scheduled working days, you become entitled to 10 days of annual paid leave (年次有給休暇, nenkyu kyuka — often just called 年休, nenkyū, or 有給, yūkyū). This is a legal right under Article 39 of the Labor Standards Act — your employer cannot refuse to grant it.

Leave entitlement grows with tenure: 10 days at 6 months, 11 days at 1.5 years, 12 days at 2.5 years, 14 days at 3.5 years, 16 days at 4.5 years, 18 days at 5.5 years, and 20 days (the maximum) at 6.5 years and beyond. Unused leave can be carried forward for up to two years before it expires.

Since 2019, employers are legally required to ensure that employees use at least 5 days of their annual paid leave per year. This means if you are not taking your leave, your employer is actually in violation of the law — not you. Some employers use this as an opportunity to schedule leave during factory shutdowns or quiet periods, which is legal if notice is given in advance.

How to request leave: you notify your employer in writing (or via the company system) specifying the date you want to take leave. Your employer can legally postpone ('substitute the timing of') a leave day if it would seriously disrupt business operations — but only in genuinely exceptional circumstances. They cannot simply refuse. If your employer tells you that new employees cannot take paid leave, that leave is only for full-time employees, or that you need to 'save up' leave for emergencies — these statements are false.

Leave pay: on a paid leave day, you receive your regular daily wage. It should appear on your payslip as 有給休暇 or 年休. If you take paid leave and see that your monthly total is lower than a normal working month, ask your payroll contact to explain the calculation.

Japan has 16 national public holidays per year (祝日, shukujitsu). These include New Year's Day, National Foundation Day (February), Vernal Equinox, Showa Day, Constitution Day, Greenery Day, Children's Day (Golden Week — late April to early May), Marine Day, Mountain Day, Respect for the Aged Day, Autumnal Equinox, Sports Day, Culture Day, Labour Thanksgiving Day, and the Emperor's Birthday.

Whether you receive these as paid days off depends on your contract. Many manufacturing and food processing facilities operate on public holidays and compensate with compensatory rest days (振替休日, furikae kyūjitsu). Some employers provide a cash premium for working on public holidays. Your contract should specify how public holidays are handled.

If you are required to work on a public holiday and receive neither a compensatory rest day nor additional pay, ask your employer for written clarification. The key legal requirement is that you receive your agreed minimum rest days — public holidays themselves are not legally mandated paid leave under the Labor Standards Act (unlike annual paid leave), but they become so if your contract says they are.

Time before and after your official shift is not counted as work: if you are required to attend a morning briefing 15 minutes before your official start time, or to stay to clean your workstation after your official end time, this time must be counted and paid. Employers who say this time is 'voluntary' or part of the job culture are describing unpaid overtime.

No overtime pay despite working long hours: if your payslip shows a flat monthly salary with no overtime line items, but you regularly work beyond 8 hours per day or 40 hours per week, your base salary may have been structured to absorb a fixed number of overtime hours (固定残業代, kotei zangyōdai — sometimes called 'built-in overtime pay'). This arrangement is legal if the fixed overtime amount is clearly disclosed, the hours are capped, and actual overtime beyond the fixed number is paid additionally. If it was never explained to you, ask for written clarification of how your overtime is calculated.

Being told you cannot take paid leave until you have worked for one year: this is false. The six-month threshold is set by law and your employer cannot extend it. Even probationary employees who have worked six months and met the attendance threshold are entitled to paid leave.

Pressure not to use your leave entitlement: if supervisors imply that taking leave will hurt your performance evaluation, that 'nobody here takes leave', or that leave is only for emergencies — this is a cultural pressure tactic, not a legal rule. You are entitled to use your leave.

Overtime that regularly exceeds 45 hours per month: occasional overtime spikes are normal in seasonal industries (harvests in agriculture, end-of-year periods in food production). Sustained monthly overtime above 45 hours without explicit special-clause agreements is a labor law violation. Sustained overtime above 80 hours per month is associated with increased health risk (過労死ライン, karōshi rain — the 'karoshi line', meaning the level associated with death from overwork). If you are regularly at or above this level, this is a serious issue that warrants external consultation.

Keep records: note your actual start and end times, including any unofficial pre- or post-shift time, for at least one month. Compare this to your payslip. If there is a consistent gap between your recorded hours and what you are being paid, you have documentary evidence of a violation.

Raise it internally first: in writing, ask your employer's HR contact or your supervisor to clarify how your overtime is being calculated. A written message creates a record of the conversation.

Labor Standards Inspection Office (労働基準監督署, rōdō kijun kantokusho): present in every city. This office investigates wage and hours violations and has the power to require employers to pay back-wages. You can file a complaint anonymously. Inspectors handle complaints from foreign workers and the service is free.

Foreign Workers' Consultation Center (外国人労働者相談センター): each prefecture has one. Can advise you in multiple languages on your rights and the steps to take in a dispute.

If you are owed unpaid wages for overtime or leave pay: this is a wage claim. Under the Labor Standards Act, you are owed those wages regardless of whether you have already left the employer. Back-wage claims have a time limit (currently three years for claims from 2020 onward), so acting relatively promptly matters.