◆Violation of Article 36 of the Labor Standards Law

In 2013, Tokyo Labor Bureau conducted provisional inspection and supervision of 107 workplaces where worker’s compensation claims have been made for brain, heart disease, and mental disorders, and announced that they found legal violations of coerced illegal overtime work in more than 70% of the workplaces.
Law violation was comprised of inadequacy of the 36 Agreement and exceeding of the limit time. Labor Bureau stated that, “illegal overtime and holiday work resulting from inadequate implementation of the 36 Agreement suggests a mockery of the Agreement, and presents a labor management problem.”
As suggested, there are many cases where the 36 Agreement has become mockery, and even the following cases are not rare occurrences:

Example 1: 36 Agreement hasn’t been created or submitted to the Labor Standards Inspection Office.
Example 2: Selection process of a representative of employees for the 36 Agreement is faulty.
Example 3: Company isn’t aware of the seriousness of overtime hours exceeding 36 Agreement’s limit time (not even aware of the recorded limit hours).

36 Agreement is a necessary procedure to legitimate overtime and holiday work, and it is critical to understand that its inadequacy can result in the following serious consequences:
(1) Criminal prosecutions by the Labor Standards Inspector
(2) Criminal complaint and accusations by the labor unions and union members
(3) Nullification of overtime work order by the company

◆Checklist to Correct the Inadequacy of the 36 Agreement

1. Selection Process of a Representative of Employees
☑Managerial and supervisory staff is not a representative of employees
☑A Representative of Employees is selected through a democratic process (could be a show-of-hands voting during morning assemblies, consent using company circulars, or expression of objections using company email).

2. Content of the 36 Agreement
☑Validity period is indicated, and a new agreement is entered each time the period passes.
☑Overtime is within the limit time (45 hours each month, etc.), and a Special Provision Agreement is attached if overtime exceeds 45 hours.

3. Submission of the 36 Agreement
☑Each workplace(not a Company) has submitted a 36 Agreement

4. Labor Time Management that does not exceed the Limit Time
☑Labor time doesn’t exceed the limit time.
☑Overtime work due to an implied instruction is managed so that it is not to be added as unexpected working hours.