by Yoneyama, 4 Oct 2021
Rules of Paid Holidays Stipulated by Labor Standards Law（労働基準法で定める有給休暇）
The following table summarizes the requirement of paid holidays stipulated by Labor Standards Law:
Required number of serving years and the number of paid holidays per year after the serving years
0.5 year 1.5 2.5 3.5 4.5 5.5 6.5 and longer
Regular employees 10 paid holidays 11 12 14 16 18 20
Number of working Number of working
Days per week days per year
5 days or more 217 days or more 10 paid holidays 11 12 14 16 18 20
4 days 169 – 216 days 7 8 9 10 12 13 15
3 days 121 – 168 5 6 6 8 9 10 11
2 days 73 – 120 3 4 4 5 6 6 7
1 day 48 - 72 1 2 2 2 3 3 3
Employers are allowed to assign some of your paid holidays as company’s common holidays, while you and your employer should agree individually about when 5 days out of your paid holiday, if they are 10 days or more per year, should be spent beforehand.
Scheduled working hours（所定労働時間）and Statutory working hours（法定労働時間）
Your employer’s Rules of Employment (就業規則) describes the company’s scheduled working hours or starting time/ending time of the daily work as well as recess and lunch time.
Japan’s Labor Standards Law stipulates maximum statutory working hours as follows:
Net daily working hours except for recess and lunch time 8 hours
Net weekly working hours except for recess and lunch time 40 hours
If daily net working hours exceed 6 hours, the law requires employer to provide employees with a recess or lunch time of 45 minutes or longer. If daily net working hours exceed 8 hours, the law requires employer to provide a recess or lunch time of 1 hour or longer. The law also requires the employer to set at least one day off per week. If your company and its labor union or the representative of the employees reached an agreement of overtime work, which is called 36 kyotei (Article 36 of Labor Standards Law), your employer is allowed to order you for overtime work.
Your employer, of course, has to pay for the extra hours. If the extra hours are over and above the aforementioned statutory working hours, an hourly rate should be 125% or higher. If your employer asks you to work on a statutory holiday (normally Sunday, but some companies define it as Saturday), the rate goes up to 135% or higher. Furthermore, if overtime work continues through the midnight that is defined by the law from 10 pm through 5 am in the following morning, the hourly rate has to go up to 150% or higher. If you happen to work in the midnight of a statutory holiday, its hourly rate is 160% or higher!