Understanding the Risks of the 36 Agreement in Labor Practices

In recent discussions among businesses, a particular issue has emerged regarding the 36 Agreement—a labor regulation that governs work hours and conditions in Japan. Specifically, confusion surrounding the holiday section of this agreement is leading companies to inadvertently declare themselves in violation of labor laws. This article delves into the nuances of the 36 Agreement and highlights the critical role it plays in maintaining legal compliance and protecting employee rights.

What is the 36 Agreement?

The 36 Agreement, formally known as the Act on Special Measures Concerning the Regulation of Working Hours, allows for exceptions to standard working hour regulations, provided companies draft a proper agreement with their employees. One of the crucial elements is the designated holiday section, where the law stipulates that only statutory holidays—essentially Sundays—should be noted. However, many employers confuse this with designated rest days, which may include Saturdays.

The Mistake of Listing Saturdays

The common mistake many employers make is to include both Saturdays and Sundays in the holiday section. By doing so, they may inadvertently state that they require work on a private designated holiday (Saturday), contradicting the intent of the statute. This act of misrepresentation can dangerously classify the employer as having exceeded the legal limit of work hours—five days beyond statutory holidays—thereby rendering the entire agreement void. Such consequences highlight why businesses must understand the specificities of the law.

Legal Implications of Misunderstanding

When a company incorrectly lists Saturdays within the 36 Agreement, it exposes itself to legal vulnerabilities. Specifically, by declaring more than the allowed days of exceeding statutory holidays, companies are at risk of being identified as non-compliant with labor laws. It is essential that employers limit their documentation to Sundays on the holiday listing, adhering strictly to the regulation that allows only five days of statutory holidays worked in a month.

Differences between Designated Holidays and Statutory Holidays

Understanding the distinction between designated holidays (such as Saturdays) and statutory holidays (such as Sundays) is critical for adherence to the 36 Agreement. Statutory holidays are legally recognized days off, while designated holidays are determined by company policy. This confusion can lead to operational inefficiencies and potential legal breaches.

Why is the Limit on Working Days Five?

The limitation of only allowing five days of work on statutory holidays is rooted in the intent to prevent overworking employees and ensuring their right to rest is maintained. By imposing such restrictions, the government seeks to improve work-life balance and promote the mental and physical well-being of workers.

How Errors Lead to Violations

Errors in recording and interpreting the required documentation can easily lead to systematic violations of the 36 Agreement. These mishaps can occur due to poor training, misunderstanding of legal language, or lack of a proper compliance system. Such mistakes not only jeopardize the legal standing of businesses but can also negatively impact employee morale and organizational stability.

Upcoming Seminar on Labor Agreement Clarity

To address these complexities, the General Incorporated Association Claire Human Resource Development Association is hosting a seminar designed specifically for media and reporting professionals on December 8, 2025, from 12:00 PM to 1:00 PM at their headquarters in Kioicho, Chiyoda. This seminar will explore common misconceptions regarding the 36 Agreement, providing clarity to attendees while fostering a better understanding of labor regulations.

Expert Insights

The seminar will feature Jun Ono, a recognized labor consultant and social insurance labor specialist. With over 400 training sessions conducted in various institutions, a comprehensive understanding of labor law application on the ground level is vital to his teaching philosophy. The aim is to equip companies with accurate, actionable information that improves compliance and fosters better workplace practices.

The Claire Human Resource Development Association, founded in 2023 as part of the SA Group, is committed to effective training and qualification programs aimed at preventing harassment and improving labor relations. As the program expands, over 650 professionals have already earned the Clean Employment Planner title, demonstrating the growing importance of adherence to labor regulations across sectors, including businesses, municipalities, and educational institutions.

Staying informed and properly interpreting the complex language of labor laws, like the 36 Agreement, is paramount for businesses aiming to create a fair and compliant workplace.