Restrictions on working hours and overtime work, etc.
Working hours
Working hours shall not exceed the following hours except during breaks (Article 50 (1) and (2) of the Labor Standards Act).
Working hours per week: 40 hours
Working hours per day: 8 hours
※ The term “one week” means 7 days including holidays (Subparagraph 1 of Article 2 (1) of the Labor Standards Act).
Extended work
If the parties agree, the working hours above may be extended up to 12 hours per week (Article 53 (1) of the Labor Standards Act).
※ Special cases of extended hours
Where an employer has agreed in writing with the representative of employees on any of the following business services, he/she may have the employees work overtime for more than 12 hours a week (Article 59 (1) of the Labor Standards Act).
1. Land transport and pipeline transportation (excluding route passenger transport services under Subparagraph 1 of Article 3 (1) of the Passenger Transport Service Act)
2. Water transportation services
3. Air transportation services
4. Other transportation-related services
5. Health care services
Additional payment for extended work, etc.
The employer must pay the employees 50% or more of the ordinary wage for overtime work (Article 56 (1) of the Labor Standards Act).
The employer must pay the employees an amount the same as or more than the following amounts for holiday work (Article 56 (2) of the Labor Standards Act).
Holiday work within 8 hours: 50% of ordinary wages
Holiday work exceeding 8 hours: 100% of ordinary wages
The employer must pay the employees at least 50% of the ordinary wage for night work (which refers to work performed between 10:00 p.m. and 6:00 a.m. the following day) (Article 56 (3) of the Labor Standards Act).
Compensation vacation system
Based on a written agreement with the representative of employees, the employer may substitute the payment of wages for overtime, night work, and holiday work (Article 57 of the Labor Standards Act).
Anual paid vacation
Annual paid vacation period
The employer shall give 15 days of paid leave to employees who work not less than 80% a year (Article 60 (1) of the Labor Standards Act).
The employer shall give 1 day of paid leave of absence to employees who have continuously worked for less than 1 year or who have worked for less than 80% a year (Article 60 (2) of the Labor Standards Act).
The employer shall give 1 extra day of paid leave for every 2 consecutive years exceeding the first 1 year (the former part of Article 60 (4) of the Labor Standards Act) to 15 days of paid leave to employees who have worked for more than 3 consecutive years (Article 60 (1) of the Labor Standards Act).
In such cases, the total number of days of leave, including additional leave, shall be limited to 25 days (latter part of Article 60 (4) of the Labor Standards Act).
Vacation use
The employer shall give the annual paid leave at the time the employee requested. For that period, the employer shall pay ordinary wages or average wages prescribed by the rules of employment, etc. (the main body of Article 60 (5) of the Labor Standards Act)
However, if giving a leave of absence at the time requested by the employee is a significant obstacle to the operation of the business, the time may be changed (proviso to Article 60 (5) of the Labor Standards Act).
The annual paid leave shall be extinguished if it is not exercised for 1 year (the paid leave of absence of an employee who has worked continuously for less than 1 year refers to the period until the end of the first year), but it shall not be extinguished if it is not used as a cause attributable to the employer (Article 60 (7) of the Labor Standards Act).
Special cases of calculating annual paid vacation
When calculating annual paid vacation, any of the following periods shall be deemed to have come to work (Article 60 (6) of the Labor Standards Act).
The period during which an employee suspends his/her service because of an occupational injury or disease
The period during which a pregnant woman is suspended because of childcare leave (Article 74 (1) and (2) of the Labor Standards Act), miscarriage leave, and stillbirth leave (Article 74 (3) of the Labor Standards Act)
The period of suspension of childcare leave (Article 19 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act)