Overtime premium 割増賃金

The statutory premiums for overtime, holiday and late-night work. Also written warimashi chingin, zangyo dai, overtime pay.

Hours beyond eight a day or 40 a week are overtime and must be paid at a premium. The legal minimums under Article 37 are 25% for ordinary overtime, rising to 50% for overtime beyond 60 hours in a month, 35% for work on the statutory weekly day off, and 25% for work between 10pm and 5am. They stack: late-night overtime beyond 60 hours is paid at 75%. The 50% band applied only to large employers from 2010; smaller employers came in from April 2023.

The premium is calculated on hourly base pay, which includes most allowances. Only a closed list can be excluded, including family, commuting and housing allowances paid according to need, and bonuses. A 36 Agreement must be in place before any overtime is lawful, but even unlawful overtime must be paid.

Claims for unpaid overtime can go back three years. This limit was extended from two years in April 2020, with a longer five-year period set as the eventual goal.

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.