"I work more than 8 hours every day, but my payslip shows no overtime pay." This is one of the most common labor violations reported by foreign workers in Japan — and one that many workers do not know they have the legal right to challenge.
Japan's Labor Standards Act applies to all workers regardless of nationality or visa type. Whether you are on a Specified Skilled Worker visa, a Technical Intern Training visa, a work visa, or any other status — your right to overtime pay is protected by law. Your employer cannot legally withhold it.
This article explains exactly what overtime pay you are entitled to, how to collect the evidence you need, and the step-by-step process for claiming what you are owed — including how to file a complaint with the Labor Standards Inspection Office and what resources are available specifically for foreign workers.
For a broader overview of your workplace rights in Japan, see our article on foreign worker rights in Japan.
What Counts as Overtime in Japan
To understand your rights, you need to know the difference between two types of working hours in Japan:
Statutory Working Hours
The Labor Standards Act sets the statutory maximum at 8 hours per day and 40 hours per week. These are the legal limits set by the government. Any time worked beyond these limits is legally classified as overtime, and your employer is legally required to pay an overtime premium.
Contractual Working Hours
Many companies set their own contractual working hours — for example, 7.5 hours per day. These are the hours stated in your employment contract. Work beyond your contractual hours but within the statutory limit (e.g., the 30 minutes between 7.5 and 8 hours) may still earn a premium depending on your contract, but the mandatory legal overtime premium applies only once you exceed the statutory limit.
Key point: The legally guaranteed overtime premium kicks in when you exceed 8 hours per day or 40 hours per week — the statutory limits. This applies to all workers in Japan regardless of nationality.
For the official Ministry of Health, Labour and Welfare explanation of working hour regulations, see: MHLW — Working Hours.
The 36 Agreement
An employer may ask workers to work overtime only if they have entered into a labor-management agreement with employee representatives — called a "36 Agreement". Even with a 36 Agreement in place, overtime hours are capped (generally at 45 hours per month, 360 hours per year under standard conditions). Crucially, having a 36 Agreement does not remove the obligation to pay the legally required overtime premium.
Overtime Premium Rates You Are Legally Entitled To
Japan law mandates specific premium rates depending on when and how much overtime you work. These rates are in addition to your regular hourly wage.
Regular overtime — Work exceeding 8 hours/day or 40 hours/week. Your employer must pay at least 125% of your normal hourly rate (base pay × 1.25).
Overtime exceeding 60 hours/month — When monthly overtime exceeds 60 hours, the premium increases to 150% for those excess hours. This rule applies to all companies as of April 2023 (previously only for large companies).
Legal holiday work — Work on a legally designated rest day earns at least 135% of normal pay. Note: this is different from company holidays which may have a different rate.
Late-night work premium — Work between 22:00 and 05:00 earns an additional 25% premium on top of your base rate. This stacks with overtime: late-night overtime pays at least 150% (125% overtime + 25% late-night). Late-night holiday overtime reaches 160%.
| Type of Work | Japanese Term | Minimum Premium Rate |
|---|---|---|
| Regular overtime (over 8hrs/day or 40hrs/week) | overtime work | +25% (125% total) |
| Overtime exceeding 60 hours in one month | /month60overtime beyond hours | +50% (150% total) |
| Work on a legal holiday (one day/week rest day) | statutory holiday work | +35% (135% total) |
| Late-night work (22:00–05:00) | late-night work | +25% (stacks with above) |
| Late-night overtime | late-night overtime | +50% (150% total) |
| Late-night legal holiday work | late-night statutory holiday | +60% (160% total) |
Watch out for "fixed overtime": Some contracts include a "fixed overtime allowance" covering a certain number of overtime hours per month. This is legal if it genuinely covers the actual hours worked and the amount is clearly stated. However, many employers use it to avoid paying for actual overtime. If your actual overtime exceeds the fixed hours, you are entitled to the difference. If you are unsure whether your fixed overtime arrangement is legal, consult the Labor Standards Inspection Office.
How to Collect Evidence (Step-by-Step)
Evidence is everything when claiming unpaid overtime. You need to prove two things: (1) you worked the hours, and (2) you were not paid the correct premium. Here is how to build your case.
Keep your own daily work time records
Starting today, record your actual start and end time every day in a notebook, a smartphone notes app, or a spreadsheet. Record everything: when you arrived, when you left, whether you took a lunch break. Even a simple text note with a timestamp is evidence. Do not rely on your employer's records alone — they may be falsified.
Save all payslips
Keep every payslip you receive, either physical or electronic. Payslips show your official recorded hours, base pay, and allowances. If your payslip shows no overtime pay but you were actually working overtime, this is direct evidence of underpayment. If your employer does not give you payslips, request them in writing — employers are legally obligated to provide them.
Screenshot work schedules and messages
Take screenshots of work schedules sent by your employer — by LINE, email, or internal system. Save any messages where your employer asks you to stay late, work on a holiday, or come in early. These messages establish that the employer directed you to work those hours.
Collect building access or time-clock records
If your workplace uses IC card entry, time-clocking machines, or computer login records, you can request these from your employer or HR department. In many cases, employers are required to keep these records. Even if they refuse, your own records combined with other evidence can be sufficient.
Calculate 3 years back from today
The statute of limitations for unpaid wage claims in Japan is 3 years (amended in April 2020 from the previous 2 years). This means you can claim overtime going back up to 3 years from when you file. Collect all evidence within this window. The older the claim, the harder it is to prove, so act as soon as possible.
Tip: If you have already left the company, you can still claim. The 3-year clock runs from each monthly payday, not from when you resigned. However, once you leave, access to evidence becomes harder — secure everything while you still have access.
How to Claim Unpaid Overtime
There are four escalating steps for claiming unpaid overtime in Japan, from the least confrontational to the most formal. Most cases are resolved at Steps 1–3.
Direct discussion with your employer
The first step is to raise the issue directly with your employer or HR department. You can write a formal request letter stating the unpaid amount and the period covered. Some employers will settle at this stage to avoid official complaints. Keep records of all communications. If you are not comfortable doing this alone, contact a union or the Labor Bureau first for advice.
Labor Bureau mediation
Each prefecture's Labor Bureau operates a Comprehensive Labor Consultation Corner. This is a free service where labor experts can mediate between you and your employer — a process called "mediation" (conciliation). Both parties must agree to participate. If the mediation succeeds, you receive your unpaid wages without going to court. This is often the fastest resolution for amounts under ¥1 million.
File a complaint with the Labor Standards Inspection Office
The Labor Standards Inspection Office enforces the Labor Standards Act. Filing a complaint triggers an official investigation into your employer. Anonymous complaints are accepted — you do not have to give your name. The service is completely free. Inspectors can compel your employer to produce records, and if violations are confirmed, they issue correction orders. To find your nearest Labor Standards Inspection Office, visit the Ministry of Health, Labour and Welfare website or search "Labor Standards Inspection Office + your city name."
Civil lawsuit
For large amounts or cases where the employer refuses to comply after a Labor Standards Inspection Office order, a civil lawsuit is the final option. You can use the Labor Tribunal system, which is faster than regular court proceedings (typically 3–6 months). For this step, consulting a labor lawyer is strongly recommended. Some lawyers take these cases on a contingency basis if the unpaid amount is significant.
Free hotline for labor consultation: The Labour Standards Advice Hotline (0120-531-073) is a free telephone consultation service operated by the Ministry of Health, Labour and Welfare. It operates on weekday evenings and weekends when Labor Bureaus are closed. Multilingual support is available in 14 languages for foreign workers. This is a good first step if you are unsure whether your situation constitutes a violation.
For Foreign Workers Looking to Build Their Career in Japan
TreeGlobalPartners' service is completely free for foreign workers — no fees of any kind, no hidden charges. We support your appropriate job change or new employment in Japan with verified employers. Visa applications, status changes, and registered support procedures are handled through our group's affiliated Tree Administrative Scrivener Corporation, giving you a true one-stop service across the group.
Consult TreeGlobalPartners →Important Warning: Timing Matters
Do not quit before you claim — or at least, know your rights if you already left. Many workers resign first and then try to claim — this makes the process harder. Once you leave the company, your access to evidence (time records, internal systems) disappears. If you are still employed and considering claiming, do it while you still have access to evidence.
That said, if you have already left, you can still claim up to 3 years back. Gather whatever evidence you retained (payslips, screenshots, message history) and proceed from Step 2 or Step 3 of the claim process above.
Retaliation is illegal. Under Japanese law, an employer cannot fire you, demote you, or otherwise punish you for filing a labor complaint. If this happens, that itself is a separate violation you can report to the Labor Standards Inspection Office or Labor Bureau. Document any such actions immediately.
Note for SSW and other visa holders: Changing jobs requires a visa procedure. You cannot start working at a new company until your visa change application is approved. For details on this process, see our article on what to do if you are fired or forced to leave your job in Japan.
Key Resources for Foreign Workers
01Labor Standards Inspection Office
The primary enforcement body for the Labor Standards Act. File complaints about unpaid wages, overtime violations, and other labor law breaches here. Anonymous complaints accepted. Free service. Find your local office at: MHLW Working Hours page.
02Comprehensive Labor Consultation Corner
Located at each prefecture's Labor Bureau office. Provides free consultation and mediation services. Does not require a complaint to be formal. A good entry point for workers who want neutral advice before deciding their next step.
03Labour Standards Advice Hotline: 0120-531-073
Free telephone hotline operated by the Ministry of Health, Labour and Welfare. Available weekday evenings (17:00–22:00) and weekends/holidays (9:00–21:00). Multilingual support available in 14 languages. Ideal for foreign workers who need initial guidance in their native language.
04MHLW Foreign Worker Consultation Page
The Ministry of Health, Labour and Welfare maintains a dedicated page listing consultation services available to foreign workers, including multilingual hotlines and specialized advisors. Access at: check-roudou.mhlw.go.jp (foreign worker consultation).
Frequently Asked Questions
Summary
- All workers in Japan are protected by the Labor Standards Act, regardless of nationality or visa type
- Statutory overtime kicks in at 8 hours/day or 40 hours/week — your employer must pay at least 125% of normal pay
- Higher premiums apply: 150% for monthly overtime over 60 hours, 135% for legal holiday work, +25% for late-night work (22:00–05:00)
- Statute of limitations is 3 years (extended from 2 years by the 2020 amendment) — measured from each monthly payday
- Collect evidence now: daily time records, payslips, work schedule screenshots, and message history from your employer
- Claim process: (1) Direct employer discussion → (2) Labor Bureau mediation → (3) Labor Standards Inspection Office complaint (anonymous OK) → (4) Civil lawsuit if needed
- "Manager" title does not automatically mean no overtime — only genuine supervisory managers with real authority are exempt
- Free resources exist: Labor Standards Inspection Office (free, anonymous OK), 0120-531-073 hotline (14 languages), Comprehensive Labor Consultation Corner
- TreeGlobalPartners helps foreign workers find employers who pay correctly and follow the law. Job placement is free for workers.
Unpaid overtime is not something you have to accept. Japanese law is clearly on your side — the challenge is knowing your rights and taking the first step. Even if you feel uncertain about whether your situation qualifies, a free consultation at the nearest Labor Standards Inspection Office or a call to the hotline costs nothing and can clarify your options within minutes.
For Foreign Workers Looking to Build Their Career in Japan
TreeGlobalPartners' service is completely free for foreign workers — no fees of any kind, no hidden charges. We support your appropriate job change or new employment in Japan with verified employers. Visa applications, status changes, and registered support procedures are handled through our group's affiliated Tree Administrative Scrivener Corporation, giving you a true one-stop service across the group.
Consult TreeGlobalPartners →
Disclaimer: Information in this article is accurate as of April 2026 and is based on Japan's Labor Standards Act and related regulations as currently in force. Labor laws and enforcement practices are subject to change. For the most current information, consult the Ministry of Health, Labour and Welfare or a qualified labor specialist.
This article is for general informational purposes only and does not constitute legal advice. Individual circumstances vary — please seek professional guidance for your specific case. TreeGlobalPartners accepts no liability for actions taken based on the contents of this article.