The overtime ceiling is set by the 36 Agreement — how far can you leave it to a shakai hoken roumushi?

In short: How much overtime is allowed is not something a company can decide freely. To have workers work overtime or on days off, you must conclude a "36 Agreement", file it with the head of the competent Labor Standards Inspection Office, and work within its limits. The ceiling is in principle 45 hours a month and 360 hours a year; even under a special clause it is within 720 hours a year, under 100 hours in a single month, and within 80 hours averaged over several months. Working overtime without filing it is subject to a penalty (Labor Standards Act, Article 119). This page explains the framework of the 36 Agreement and how far you can leave it to a shakai hoken roumushi.

We are often asked, "How many hours of overtime is OK?" The answer is not that it depends on the size of your company or your industry — it is decided by whether the 36 Agreement is filed and what it says. This page is for the owners and general-affairs staff of small and medium-sized companies that have overtime. We set out the role of the 36 Agreement, the ceiling hours, the filing procedure, and whom to ask for what.

What is the 36 Agreement for?

The Labor Standards Act provides, in principle, that a worker must not be made to work more than 8 hours a day and 40 hours a week (Labor Standards Act, Article 32). To have workers work overtime or on days off beyond that, you must conclude a written agreement with a representative of the majority of workers and file it with the head of the competent Labor Standards Inspection Office. This agreement is called the "36 Agreement" after the article number (Labor Standards Act, Article 36, paragraph 1).

In other words, the 36 Agreement is not a company's free pass to have overtime — it is the procedure that makes overtime lawful in the first place. If it is not filed, having workers work beyond the statutory hours is unlawful regardless of headcount or industry. For the fact that it is required regardless of headcount, see also How many employees make work rules mandatory.

How many hours of overtime, exactly, is the ceiling?

The ceiling on overtime splits into a principle and a special clause.

Category	Ceiling	Basis
Principle (ceiling hours)	45 hours a month and 360 hours a year	Labor Standards Act, Article 36, paragraph 4
Special clause — annual	Within 720 hours a year	Article 36, paragraph 5
Special clause — single month	Under 100 hours in a single month (including work on days off)	Article 36, paragraph 6, item 2
Special clause — average over several months	Within 80 hours averaged over 2–6 months (including work on days off)	Article 36, paragraph 6, item 3
Special clause — frequency	Exceeding 45 hours in a month is allowed only up to 6 times a year	The limit on the special clause

The "special clause" is what labour and management agree on when there are temporary special circumstances. Even there, the absolute ceiling of 720 hours a year and the lines of under 100 hours in a single month and within 80 hours averaged over several months cannot be broken. Having a busy season does not let you go beyond this frame.

Please note that construction and motor vehicle driving, among others — types of work to which the application of the ceiling had previously been deferred — have been subject to the ceiling since April 1, 2024. "Our industry is special" does not put you outside it.

What happens if you have workers work overtime without filing?

Having workers work overtime or on days off without concluding and filing a 36 Agreement is subject to imprisonment with work for up to 6 months or a fine of up to 300,000 yen (Labor Standards Act, Article 119). Forgetting to file is not an excuse.

At the same time, overtime and holiday work require premium wages. The premium rates are 25% or more for work beyond the statutory hours, 35% or more for work on days off, and 25% or more for late-night work (from 10 p.m. to 5 a.m.); if left unpaid, there is a risk that they will be claimed retroactively. Managing the ceiling and paying premium wages need to be put in place together.

With whom, and how, do you conclude the agreement?

A 36 Agreement is concluded in writing with a labor union organized by a majority of workers, if one exists, or otherwise with a representative of the majority of workers. This "majority representative" must satisfy certain requirements, such as not being a person in a managerial position (Ordinance for Enforcement of the Labor Standards Act, Article 6-2). If the method of selection is wrong, the validity of the agreement itself can become the subject of dispute.

The agreement must set out the scope of workers covered, the hours of extension, and the effective period, and it must be filed with the head of the competent Labor Standards Inspection Office. It can also be filed electronically (via e-Gov and the like).

How far can you leave it to a shakai hoken roumushi?

What you want done	Whose work it is
Drafting and filing the 36 Agreement, advising on selecting the majority representative, and putting the recording and management of working hours in order	A Shakai Hoken Roumushi (Certified Social Insurance and Labor Consultant) (this office)
Consistency with the work rules and wage rules, and calculating overtime (premium wages) and payroll	A Shakai Hoken Roumushi (Certified Social Insurance and Labor Consultant) (this office)
Claims for unpaid overtime, disputes, and labor tribunal proceedings or litigation	An attorney
Withholding and year-end adjustment on premium wages	A tax accountant

Drafting and filing the 36 Agreement is the work of a Shakai Hoken Roumushi. This office takes care of designing an agreement that matches your actual operations and the management of working hours that follows. A matter that has already become a claim for unpaid overtime or a dispute is the domain of an attorney.

What can 四葉社会保険労務士事務所 do for you?

四葉社会保険労務士事務所 in Kohinata, Bunkyo Ward, handles drafting and filing the 36 Agreement, advising on selecting the majority representative, and putting the recording and management of working hours in order. We can also look at consistency with the work rules and wage rules, and the calculation of premium wages. The initial consultation is free. Drafting and filing the 36 Agreement is quoted according to the content and the number of employees; for how fees are thought about, see the fee schedule.

Please note that where a claim for unpaid overtime or a dispute has already arisen, we will guide you to engage an attorney directly. This office does not accept referral fees.

Frequently asked questions

Q. How many companies are there that have not filed a 36 Agreement?
A. We cannot give an exact figure, but there are not a few cases that come to light through the guidance of the Inspection Office. Working overtime without a filing is unlawful regardless of headcount. First check your current situation, and please consult us about filing and about putting things in order from here.

Q. If we conclude a special clause, can we always have workers work up to 720 hours?
A. No. The special clause applies only where there are temporary special circumstances; on top of the ceiling of 720 hours a year, there are the constraints of under 100 hours in a single month, within 80 hours averaged over several months, and exceeding 45 hours in a month no more than 6 times a year. Habitual long working hours cannot be justified by a special clause.

Q. Can anyone be the majority representative?
A. Not anyone. There are certain requirements, such as not being a person in a managerial position (Ordinance for Enforcement of the Labor Standards Act, Article 6-2). Because getting the selection wrong can put the validity of the agreement into dispute, it is important to leave a record of the selection procedure.

Q. Can a 36 Agreement be filed electronically?
A. Yes. It can be filed through e-Gov and other electronic filing. Please prepare the items to be stated, the effective period, and the scope of coverage, and then file. We handle everything from drafting to filing.

Sources for this article

• Labor Standards Act (労働基準法, Act No. 49 of 1947), Article 32, Article 36, paragraph 1, paragraph 4, paragraph 5 and paragraph 6 (items 2 and 3), and Article 119
• Ordinance for Enforcement of the Labor Standards Act (労働基準法施行規則, Ordinance of the Ministry of Health and Welfare No. 23 of 1947), Article 6-2 (requirements for the majority representative)
• The premium rates are 25% or more for overtime, 35% or more for holiday work, and 25% or more for late-night work (Labor Standards Act, Article 37; the amounts and rates are general figures from materials published by the Ministry of Health, Labour and Welfare)
• The application of the ceiling to construction, motor vehicle driving and other types of work began on April 1, 2024 (confirmed from materials published by the Ministry of Health, Labour and Welfare and prefectural labour bureaus)
• The article numbers and ceiling hours have been checked against materials published by the Ministry of Health, Labour and Welfare and prefectural labour bureaus (as of August 2026)

This article does not go so far as to decide whom you should consult. Drafting and filing the 36 Agreement, advising on selecting the majority representative, putting the recording and management of working hours in order, and calculating premium wages are the work of a Shakai Hoken Roumushi (Certified Social Insurance and Labor Consultant). Claims for unpaid overtime, disputes, and labor tribunal proceedings or litigation are the work of an attorney. The handling of withholding and the year-end adjustment on premium wages is the work of a tax accountant. This office does not accept referral fees. The cost of consulting 四葉社会保険労務士事務所 is set out in the fee schedule, and the questions we are asked most often are collected on the FAQ page.

This article is general information. Judgments that fit your particular circumstances are made by a qualified professional after a meeting. Written by Joji Uramatsu (Shakai Hoken Roumushi (Certified Social Insurance and Labor Consultant), Gyoseishoshi (Certified Administrative Procedures Legal Specialist), Registered Real Estate Transaction Specialist).