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Labour Standards Law (Japan)

Labour Standards Law (Articles 32-41)

Since 1987, Japan has adopted the principle of a 40-hour week. If people work over eight hours per day, 40 hours per week, or on holidays (and one “”weekend”” day a week), or at late night (10pm to 5am), they are entitled to overtime pay. Under the Labor Standards Act of 1947 article 37, this is 25% of pay, or 35% on holidays. Since 2010, a rate of 50% overtime pay applies for people working over 60 hours a week. However, although overtime pay is required by law, Japanese companies before 1990 were known to take employees to court over employees’ requests for overtime or other legitimate compensation.[2] Also, collective agreements may extend the normal work week.

If an employee works six to eight hours in a day, they are entitled to a 45-minute break. If an employee works eight hours in a day, they are entitled to a one-hour break.

The Labor Standards Act of 1947 gives the right to paid annual leave based on an employee’s seniority. Since 1988, employees have the right to ten days of annual leave after the employee’s first 6 months of service.[3] The minimum amount of annual leave increases each year thereafter following a fixed schedule (as per the contract), usually up to twenty working days a year. An employee is entitled to one holiday per week unless they otherwise receive four or more holidays within every period of four weeks.

Several forms of unpaid leave are also provided by law, including maternity leave, child care leave, family care leave and nursing leave.

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