The Labor-Management Agreement on Overtime, commonly called the 36 Agreement, is a crucial process in companies’ labor management. Making employees work overtime or on holidays without signing the 36 Agreement or beyond the limits set forth in the agreement is a violation of the Labor Standards Act. With many companies signing the 36 Agreement for the new fiscal year from April, this article explains about employee count for the 36 Agreement and items relating to holiday work.
[1] Employee count
Employee numbers in the 36 Agreement means employees likely to work overtime and on holidays, rather than the total number of employees. The figures may change during the period of the Agreement as workers join or leave. There is no need to sign the agreement when such a change occur. Companies may order employees hired after concluding the 36 Agreement to work overtime or on holidays within the limits.
[2] Items relating to holiday work
In signing the 36 Agreement, companies are required to specify “the number of holidays on which the company may have employees work.” The agreement form has the columns about “the number of statutory holidays on which the company may have employees work” and “the start and finish times of work on statutory holidays.”
In the column of “the number of statutory holidays on which the company may have employees work,” please enter the number of statutory holidays when employees may be required to work. The example in a leaflet published by the Ministry of Labour states, “one day per month.” In such case, the company may order employees work on a statutory holiday only once a month. If there is the possibility that holiday work is required twice a month during a busy period, please enter, “two days per month.”
Please also fill in the column of “the start and finish times of work on statutory holidays” if applicable. Some companies mistakenly enter the start and finish times of normal days. If employees may need to start work earlier than weekdays, please enter the assumed time.
Some firms submit the 36 Agreement from the previous year by simply changing the date and the number of applicable workers. If there is any difference between the agreement and the actual status, the company may be immediately considered to have violated the law. It is crucial to understand the terms of the 36 Agreement and sign based on the actual status.
[Reference]
The Ministry of Labour, “Work hours and holidays”
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/koyou_roudou/roudoukijun/roudouzikan/index.html
“Appropriate signing of the 36 Agreement”
https://www.mhlw.go.jp/content/001202904.pdf
*The information is based on laws and regulations as of the date of this article.
