Variable working hours system 変形労働時間制

A system that averages working hours over a month or a year instead of counting each day and week. Also written henkei rodo jikan sei, irregular working hours system, averaging of hours.

Variable working hours let an employer plan around a predictable cycle of busy and quiet periods. Instead of applying the eight-hour day and 40-hour week every day and week, the employer sets a schedule in advance for a period, and only hours beyond that schedule, or beyond the average, count as overtime.

There are three types. The one-month type, under Article 32-2, averages hours over a period of up to a month and can be introduced by the work rules or a labour-management agreement. The one-year type, under Article 32-4, averages over more than a month and up to a year. It needs an agreement filed with the Labour Standards Inspection Office and has firm limits: no more than 10 hours a day or 52 a week, no more than 280 working days a year when the period exceeds three months, and normally no more than six consecutive working days. The one-week type, under Article 32-5, is limited to retail, hospitality and restaurant workplaces with fewer than 30 employees.

The key difference from flextime is who controls the hours. Under a variable schedule the employer sets each day's hours in advance and must publish the calendar; under flextime the employee chooses when to work. Changing the schedule after the period starts is generally not allowed.

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.