Japan Ministry of Health revises overtime guidance policy

The Ministry of Health, Labour and Welfare has announced a revision to its guidance regarding overtime hours, effective September 1. Previously, labor standards inspection offices provided uniform instructions to companies to limit overtime to within 45 hours per month, even for workplaces that had established special provisions under the ‘36 Agreement.’

Under the Labor Standards Act, companies that enter into a 36 Agreement can technically allow overtime up to 45 hours per month, with special provisions potentially extending this to under 100 hours per month or 720 hours per year. The new policy shifts the focus from a blanket 45-hour limit to a case-by-case approach. Inspectors will instead prioritize verifying whether individual workplaces are implementing necessary measures to protect employee health in accordance with their specific agreements.

The Ministry noted that the revision follows requests from some companies and workers to increase working hours and aligns with the government's growth strategy decided in July. While the uniform limit is being removed, the Ministry emphasized that strict guidance will continue for workplaces where there is a high risk of health issues resulting from excessive labor. Additionally, the Ministry will establish consultation desks nationwide to assist companies in concluding 36 Agreements.