Labor Management Tips: (1) What Are the Rules for Working Hours, Breaks, and Holidays?

The Labor Standards Act stipulates the following:

【Working Hours】
An employer shall not require an employee to work more than 40 hours per week or eight hours per day (referred to as “statutory working hours”).

*As an exception, a company with fewer than ten employees in the commerce, cinema/theater, health/hygiene, and hospitality/entertainment industries may require employees to work up to 44 hours per week.

*The above statutory working hours do not apply if a variable working hours system is adopted.

【Breaks】
An employer must provide an employee with a break of at least 45 minutes when working more than six hours or at least one hour when working more than eight hours.

【Holidays】
An employer must provide an employee with at least one holiday per week or at least four holidays over a four-week period (referred to as the “statutory holiday”).

Failure to comply with these rules constitutes a violation of the Labor Standards Act.

However, situations may arise during business operations that require exceeding the statutory working hours or working on the statutory holidays.
In that case, companies must conclude a labor-management agreement and submit it to the Labor Standards Inspection Office beforehand.

According to Article 36 of the Labor Standards Act, overtime work exceeding the statutory working hours and work on the statutory holidays are permitted within the scope specified in a labor-management agreement, provided that the agreement is made with the company’s majority labor union or employee representative and submitted to the Labor Standards Inspection Office. This labor-management agreement is commonly referred to as “Agreement 36.”