Japan compliance · 36協定 · July 2026
Japan's 36協定 (Article 36 agreement): overtime tracking requirements explained
Direct answer
Article 36 of the Japan Labor Standards Act allows overtime and holiday work beyond statutory limits only when employers conclude a written 36協定 with a union or employee representative, specifying caps and procedures. Employers must track actual hours, compare against agreement limits, and maintain records — 厚生労働省 publishes guidance on labor standards and overtime management.
Western managers hiring in Japan encounter 36協定 during entity setup. This explainer cites 厚生労働省 (MHLW) public materials; your social insurance labor consultant (社労士) handles agreement drafting.
⚖️ This article is general information only — not legal advice. Consult qualified counsel for your jurisdiction, industry, and workforce. StaffiX does not provide legal or compliance certification.
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What 36協定 does
Statutory work hours in Japan are generally eight hours per day and 40 hours per week. Work beyond those limits requires a 36協定 specifying maximum overtime, holiday work conditions, and reporting — plus special caps for large employers under 2019 reforms.
MHLW overtime guidance documents describe employer duties to monitor hours against agreement limits and prevent excessive overtime.
Recordkeeping expectations
Employers must track start/end times, overtime, and holiday work to demonstrate compliance with the agreement and statutory caps. Records support labor inspections and employee disputes.
Cross-border teams
US HQ using Slack and Japan using LINE WORKS still needs unified hour data for JP entities subject to 36協定 — fragmented spreadsheets fail audits.
Primary sources
- 厚生労働省 — 労働基準法（第36条）関連 — 厚生労働省
- 厚生労働省 — 時間外労働の上限規制 — 厚生労働省
How StaffiX supports this (factual)
StaffiX records check-in/out and breaks on LINE WORKS and Slack with bilingual UI, exports CSV for payroll partners in Japan, and surfaces hours for manager review. It does not create or file 36協定 — your 社労士 does — but provides operational timestamps for comparison against agreement limits.
FAQ
Is 36協定 required for every Japanese employee?
Overtime beyond legal limits requires a valid agreement. Structure depends on contract type and industry — consult JP counsel.
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