Substitute day off 振替休日・代休

Two ways of swapping a day off for a working day, with very different pay consequences. Also written furikae kyujitsu, daikyu, compensatory day off, substitute holiday.

Employers often need someone to work on a day off. Japanese practice offers two ways to give the day back, and the difference is timing.

A substitute day off, furikae kyujitsu, is designated before the work happens. The employer, under a clause in the work rules, specifies in advance that, say, Sunday becomes a working day and the following Wednesday becomes the day off. Legally, Sunday was never a day off, so there is no holiday work and no holiday premium. The swap must still leave the employee with at least the statutory one day a week or four in four weeks, and if the swap puts the employee over 40 hours in a week, the excess is overtime.

A compensatory day off, daikyu, is given after the event. The employee has already worked on the statutory day off, so that work was holiday work and needs a 36 Agreement. Giving a day off later does not erase it. The employer can offset the ordinary pay for the day, but the 35% premium remains payable.

Confusingly, furikae kyujitsu is also the name, under the Act on National Holidays, for the substitute public holiday when a national holiday falls on a Sunday, usually the next Monday. That is a separate concept.

What it means for a foreign employer

Sources

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General information for employers, not legal advice. Thresholds and dates are checked against the sources listed and dated above; confirm anything you act on with a Japanese employment lawyer or a licensed labour and social security attorney.