Overview

Employers must conclude and file a written overtime agreement (36協定, formally 時間外・休日労働に関する協定届) with the Labor Standards Inspection Office (労働基準監督署) before requiring any overtime or holiday work. The agreement is typically renewed annually. Overtime without a valid 36 agreement is illegal.

Schedule

Every year on 3/31 (or next business day)

Applicability

• Applicable to: Kabushiki Kaisha (KK), Godo Kaisha (GK), Individual
• Requires paying salaries

Authority

Filing Methods

Additional Details

The 36 Agreement (36協定) is a labor-management agreement required whenever employees work beyond statutory hours (8 hours/day, 40 hours/week) or on statutory holidays. Overtime limits are generally 45 hours/month and 360 hours/year. With a special clause (特別条項) for extraordinary circumstances, these can be extended, subject to the following absolute caps: • 720 hours/year • Under 100 hours/month (including holiday work) • Average of 80 hours or less over any 2–6 month period (including holiday work) • The 45-hour monthly limit can be exceeded no more than 6 times per year The agreement period should ideally be 1 year. Most businesses use April 1 as the start date and renew annually. The new agreement must be filed before the start date. Filing forms are Form No. 9 (様式第9号, general) and Form No. 9-2 (様式第9号の2, with special clause). Large corporations (capital exceeding ¥100 million) are required to file electronically via e-Gov.

Penalties for Non-Compliance

Requiring overtime or holiday work without a valid 36 Agreement is punishable by up to 6 months' imprisonment or a fine of up to ¥300,000 under Labor Standards Act Article 119. Exceeding the overtime limits specified in the agreement is also subject to the same penalty. Exceeding the absolute caps under the special clause (720 hours/year, under 100 hours/month, etc.) results in both the Article 119 penalty and a corrective order from the Labor Standards Inspection Office. Changing the agreement content without re-filing, or requiring overtime before filing, is also illegal.

Legal Basis