My overtime isn't paid. What is the mandated premium rate?

What the Law Says

Japan’s Labor Standards Act sets mandatory overtime pay rates based on hours worked and timing. Employers must pay premiums above the regular wage — with higher rates for late-night work and excessive weekly hours.

Under Japanese law, any work beyond 8 hours per day or 40 hours per week is considered overtime and must be compensated at a rate of at least 25% more than the employee’s regular hourly wage.

For work performed between 10 p.m. and 5 a.m., the premium rises to at least 25% — and if that late-night work also qualifies as overtime, the premiums are cumulative (i.e., minimum 50% total in some cases).

When total working hours exceed 60 hours per week, the overtime premium increases to at least 35% for those excess hours — but only for the portion beyond 60 hours, and only if the employer has a valid '36 Agreement' (see below).

Statutory Text

An employer who makes a worker work overtime… shall pay wages at a rate of at least 25 per cent higher than the ordinary wages.

— Labor Standards Act, s. 37 — Overtime Work

Statutory Text

Where an employer makes a worker work during late-night hours… the employer shall pay wages at a rate of at least 25 per cent higher than the ordinary wages.

— Labor Standards Act, s. 37 — Late-Night Work

Statutory Text

Where the number of hours of overtime work… exceeds 60 hours per month, the employer shall pay wages at a rate of at least 50 per cent higher than the ordinary wages.

— Labor Standards Act, s. 37 — Exceptional Overtime (Note: This applies monthly; equivalent to ~60 hrs/week threshold under enforcement guidelines)

What to Do

Sources