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Overtime

In Japanese law, when employers order workers to work overtime, they must conclude a 36 Agreements with a labor union consisting of a majority of the workers in the workplace. If this agreement is not concluded between the employer and the worker, the employee cannot be ordered to work overtime. Of course, working overtime without this agreement is illegal.

However, there are some cases where overtime work is illegal even in the companies with this 36 Agreements. In recent years, violations have often come to light and have become a social problem.

There are three specific cases:

Even if there are 36 Agreements, there is a limit on overtime. Specifically, 15 hours a week and 45 hours a month are the maximum, and overtime exceeding the maximum is illegal. Also, under the special 36 Agreements, the maximum overtime hours can be extended up to six months per year, and extending the number of months beyond that is also illegal.

Even if these conditions are met, it may become illegal if there is a high possibility that workers will suffer significant damage from overtime. For example, when a worker is pregnant or when a worker needs to take care of his/her family or child, overtime work is not compulsory because it affects her or his/her family's body and life.

However, the existence of the 36 Agreements can be a hindrance, and it can promote the state of unpaid overtime. For example, if 36 Agreements stipulate 2.5 hours per day and 40 hours per month, overtime must not exceed the limit. However, if you cannot finish your work even if you work to this limit, you have to work overtime with your time card punching out. Since you punch out your time card, you will not be paid for overtime work, and if you protest to your boss, you will be demoted. It is said that middle management career-track employees, who are highly likely to become executives in the future on the premise of promotion, are the most likely to be taken advantage of this situation.