Companies often face simple questions about the management of workhours and breaks. For example, HR staff may receive questions from department managers if they can make their team members work for many consecutive days without days off. This article answers to such questions.
[1] Important points regarding consecutive work
Workers may have to work for many consecutive days including weekends to deal with a large order or when they had a machine trouble. If such situations are likely to happen, employers must consider the Labor-management Agreement on Overtime, commonly called “the 36 Agreement,” while taking measures to prevent excessive work.
1. The 36 Agreement
The 36 Agreement sets rules on limits to overtime or holiday work. Companies can only make employees work within the limits described in the 36 Agreement. There is no limit to consecutive work days, but companies cannot make employees work on holidays exceeding the holiday work limit stipulated in the 36 Agreement.
The 36 Agreement may include “the Special Clause,” which enables overtime above the limit temporarily. The Special Clause sets upper ceiling of monthly overtime, which includes work on holidays. Companies adopting the Special Clause need to manage weekday overtime as well as working hours on holidays.
2. Measures to prevent excessive work
Although companies may order employees to work for a consecutive period within the limit of the 36 Agreement, taking measures to prevent excessive work is essential. Working for days on end builds up fatigue and could lead to physical problems of workers. Even if the 36 Agreement has been signed, it is desirable for companies to allow workers at least one holiday a week.
[2] Breaks
In some cases, workers cannot take a break when they are occupied with duties, even if the employment rule stipulates a 60-minute break in a day.
Companies are required to give workers a break during work hours, but there is no rule that the break must be taken at one time. For example, workers may take a break for 10 minutes in the morning, 40 minutes at lunch time and for 10 minutes in the afternoon. Since the purpose of breaks is to give workers time for lunch or rest, dividing the period into many small portions will make it difficult to achieve the purpose and may lead to workers’ frustration. Companies should consider an appropriate break periods to help workers rest adequately.
As a basic rule, all employees in a workplace should take a break at the same time. However, companies can allow workers to take a break in turn by signing a Labor-Management Agreement, if it is inconvenient or difficult for workers to take a break at the same time.
There have been cases where companies continued to violate the Labor Standards Act without noticing. It is vital to have a structure to encourage managers to consult with the HR or general administration departments about actual working situations or problems.
[Reference]
The Labour Ministry, “Upper limit to overtime work”
https://hatarakikatakaikaku.mhlw.go.jp/overtime.html
“What is important when splitting a break period?”
https://www.mhlw.go.jp/bunya/roudoukijun/faq_kijyunhou_14.html
