Unpaid Overtime and Wages in Japan: What Evidence to Keep (Even If You Have None), the 3-Year Deadline, and Help in English

Last reviewed October 19, 2026 · 12 min read · By the PEA team (Lumina Spark)

日本語版 (Japanese version)

Short answer: In Japan, overtime must be paid at a premium, and your employer is legally required to track your working hours by objective methods such as timecards or computer logs and keep the records. So even if you have no evidence yourself, records often exist. Starting today, keep a daily note of when you start and finish, photos of your timecard or attendance screen, work emails and LINE messages, and your pay slips. Wage claims can generally be made for 3 years from each payday. This article is general information based on Japanese law and official guidance as of October 2026, not legal advice; some workers, such as managers and people on deemed-hours systems, are treated differently. Free advice is available in English (see Where to get help in English).

Is overtime paid in Japan?

Yes. According to the Ministry of Health, Labour and Welfare (MHLW), employers must pay at least 25% extra per hour for overtime and for late-night work (10 p.m. to 5 a.m.), and at least 35% extra for work on statutory days off. Overtime beyond 60 hours a month must be paid at least 50% extra; the exemption that small and medium-sized companies used to have ended on April 1, 2023.

Fixed overtime pay (kotei zangyōdai or minashi zangyō) doesn't change this. The MHLW explains that fixed overtime pay must be distinguishable from ordinary wages, and that if it is less than the premium calculated under the Labor Standards Act for the hours you actually worked, the employer must pay the difference.

Your employer must record your hours

  • Objective tracking. The Industrial Safety and Health Act requires employers to grasp workers' working hours (Article 66-8-3), using "time cards, records of the time a personal computer or similar device was used, or other objective and appropriate methods," and to keep the records for 3 years (Ordinance on Industrial Safety and Health, Article 52-7-3).
  • Keeping records. The Labor Standards Act requires employers to keep wage ledgers and other important records concerning wages and labour relations (Article 109; 5 years in the main text, 3 years for the time being). The MHLW gives attendance books and timecards as examples, and the wage ledger must show hours worked and overtime hours (Enforcement Regulations, Article 54).
  • Not just self-reporting. The MHLW's 2017 guideline on tracking working hours says employers should, as a rule, confirm hours themselves or from objective records such as timecards, IC cards and computer usage logs. If they use self-reporting and the reports differ greatly from entry records or computer logs, they must investigate and correct the hours, and they must not discourage accurate reporting, for example by capping the hours you can report.

You can ask the Labour Standards Inspection Office or a lawyer how to use your employer's records. But records can be inaccurate or withheld, so keeping your own records is the surest protection.

What counts as evidence

Public bodies list materials such as these:

TypeExamplesListed by
Working-time recordsCopies of timecards or attendance booksHouterasu (Japan Legal Support Center), Tokyo Labor Consultation Center, the courts' guide to labour tribunals
Your own recordsA diary of arrival and leaving times, notes in date order, a timelineHouterasu; the MHLW also recommends noting your overtime hours in a planner
Pay recordsPay slips, the bank book for the account your wages are paid intoHouterasu, Tokyo Labor Consultation Center
Work communicationsEmail and similar recordsYamanashi Labour Bureau (what to bring when reporting to the Labour Standards Inspection Office)

The MHLW also lists work reports, building entry and exit records, computer usage logs and email sending records as materials for checking working hours in workers' compensation cases. That list isn't written for wage claims, but it shows what kinds of time records can count.

If your wages aren't paid at all

The Labor Standards Act requires wages to be paid in money, directly to the worker, in full, and at least once a month on a fixed day (Article 24). Late or partial payment of wages falls under this rule.

  • Evidence: what you were promised (your employment contract or written notice of working conditions, work rules, the job ad), what you were actually paid (pay slips, the bank book for your wage account), how much you worked (timecard copies, a diary of arrival and leaving times), and a timeline of what happened, including emails asking to be paid. Employers must give the main terms in writing when you're hired, including how wages are decided, calculated and paid, and when (Labor Standards Act Article 15 and Enforcement Regulations Article 5). Houterasu and Yamanashi Labour Bureau list these materials.
  • After you leave: if you ask, the employer must pay your wages within 7 days (Article 23(1)); even if the amount is disputed, the undisputed part must be paid within 7 days (Article 23(2)).
  • Demanding payment: Houterasu lists sending a written demand by certified-content mail (naiyō shōmei), using mediation or ADR, reporting to the Labour Standards Inspection Office, and a lawsuit or labour tribunal, and says you don't have to go in that order. Japan Post's naiyō shōmei proves when, what, and from whom to whom a document was sent, not that its content is true; add delivery certification (haitatsu shōmei) to show it arrived.
  • If the employer went bankrupt: under the Act on Securing Wage Payment (Article 7), the government advances 80% of unpaid wages (capped by age, up to 2.96 million yen; bonuses aren't covered). The employer must have run the business for at least a year and be in legal bankruptcy or, for small and medium-sized companies, de facto bankruptcy recognised by the Labour Standards Inspection Office; you must have left during the two years starting six months before the filing date. Ask the Labour Standards Inspection Office or the Japan Organization of Occupational Health and Safety, which runs the scheme.
  • Freelancers: people working on service contracts are generally not "workers" under the Labor Standards Act, but the MHLW says that if you are a worker in substance, labour laws apply regardless of the contract's name. Under the Freelance Act (in force since November 1, 2024), clients with employees must set the payment date within 60 days of receiving your work (Article 4). The Freelance Trouble 110 hotline (0120-532-110, weekdays 9:30–16:30, in Japanese) gives free advice.

If you have no evidence: start today

  1. Write a daily note. Record your start, finish and break times, what you did, and who told you to do it, on the same day, in a planner or a phone note. If you add something later, mark what you added and when.
  2. Keep things that record times automatically. The sending times of work emails, chat and LINE messages, and your timecard or attendance screen when you leave can back up your notes.
  3. Keep your pay slips. You'll compare what you were paid with what your hours add up to.
  4. Ask for advice early. You can get advice even without full evidence, including on what to keep.

Photos of timecards and screenshots of messages

Photos and screenshots are easy to take, but the other side may say they were made later or edited.

  • What to photograph: your own timecard, attendance screen and shift schedule, and the full screen of LINE, email or chat messages that told you to work overtime, so the date, time and sender show.
  • Keep the original file: don't crop or edit the original; edit only copies. LINE at standard quality shrinks images and can strip the shooting data, so back the originals up to a computer or drive.
  • Make the date checkable: the date in your phone's photo app can be changed afterwards (see Can Smartphone Photos Be Used as Evidence in Japan?). Adding a trusted timestamp to the file on the day you take it lets a third party confirm the photo existed then.

Be careful

  • Don't take out more confidential company information or other people's personal data than you need. The MHLW explains that breaching a confidentiality obligation can lead to disciplinary action. It also cites a court decision (Tokyo District Court, September 17, 2003) holding that disclosing information that included trade secrets to one's lawyer to protect one's own rights was not a breach. If you're unsure what to photograph, ask first.
  • Don't log in to other people's computers or accounts. Stick to your own records.
  • Don't alter your records. One altered record can undermine all the others.
  • Reporting is protected. The Labor Standards Act prohibits dismissal or other unfavourable treatment because a worker reported a violation to the Labour Standards Inspection Office (Article 104(2)). Yamanashi Labour Bureau says that when you report, it checks with you whether your name may be given to the company.

Deadline: 3 years

  • Wage claims, including overtime: 3 years from each payday (Labor Standards Act Article 115 provides 5 years, read as 3 years for the time being under Supplementary Provisions Article 143(3)), for wages with paydays on or after April 1, 2020. An amendment taking effect on April 1, 2027 restructures Article 115 but keeps the 3 years for wages.
  • Additional payment (fukakin): a court can order an employer that failed to pay overtime premiums to pay, at the worker's request, an additional amount equal to the unpaid amount; the request must be made within 3 years of the violation for the time being (Article 114 and Supplementary Provisions Article 143(2)).

Older months expire first, so if you're thinking of claiming, act early.

Where to get help in English

ServicePhone and hours (as of October 2026)Notes
Labour Standards Advice Hotline (MHLW-commissioned), English0120-531-401. Weekdays 17:00–22:00, weekends and holidays 9:00–21:00Free. Covers the hours when labour bureaus are closed. It can't give instructions to employers
Telephone Consultation Service for Foreign Workers (MHLW), English0570-001-701. Weekdays 10:00–15:00 (closed noon–1 p.m.)Call charges apply. Explains laws and introduces the right offices
Houterasu Multilingual Information Service0570-078377. Weekdays 9:00–17:00Information on legal systems and consultation services in several languages
  • Reporting to the Labour Standards Inspection Office: workers may report violations of the Labor Standards Act to the office (Article 104(1)). The MHLW advises bringing records of your working and overtime hours and your pay slips.
  • Labour tribunal (rōdō shinpan): a court procedure that, except in special circumstances, must finish within three hearings (Labor Tribunal Act Article 15(2)).
  • Small claims suit: for money claims of up to 600,000 yen (Code of Civil Procedure Article 368(1)); up to 10 times a year at the same summary court, and evidence must be something the court can examine on the day.

About PEA

When you check a photo, PEA seals the file's hash with a digital signature and a timestamp from an external time-stamping authority. If you turn the result into a certificate, your employer or a lawyer can enter the certificate number to confirm the photo existed when you checked it and hasn't been altered since. PEA also shows whether the photo's shooting data is present and checks for signs of AI generation or editing.

PEA can't prove the hours you worked, can't prove anything before the moment you checked the photo, can't tell you whether you have a claim, and can't guarantee that a court will accept a certificate. The first check is free and in English, with no account: try a free check.

Frequently asked questions

Is overtime paid in Japan, and at what rate?

Yes. Employers must pay at least 25% extra for overtime and late-night work (10 p.m. to 5 a.m.), at least 35% extra for work on statutory days off, and at least 50% extra for overtime beyond 60 hours a month, according to the Ministry of Health, Labour and Welfare. Fixed overtime pay doesn't remove this: if it is less than the legally calculated premium, the employer must pay the difference.

What can I do about unpaid overtime in Japan if I have no evidence?

Employers are legally required to track working hours by objective methods such as timecards or computer logs and to keep the records, so records may exist on their side. Start keeping your own today: a daily note of start and finish times, photos of your timecard or attendance screen, work emails and messages, and pay slips. You can get free advice in English on 0120-531-401 (evenings, weekends and holidays) or 0570-001-701 (weekday daytime).

Can I take photos of my timecard as evidence?

Keeping records of your own working hours is the basis of gathering evidence. But taking out more confidential company information or other people's personal data than you need can lead to disciplinary action, according to the Ministry of Health, Labour and Welfare. If you're unsure what to photograph, ask the Labour Standards Inspection Office or a lawyer first, and keep the original photo files unedited.

How far back can I claim unpaid overtime in Japan?

Three years from each payday for wages with paydays on or after April 1, 2020 (Labor Standards Act Article 115 and Supplementary Provisions Article 143(3)). Older months expire first, so it's best to act early.

Will my employer find out if I report to the Labour Standards Inspection Office?

The Labor Standards Act prohibits dismissal or other unfavourable treatment because you reported a violation (Article 104(2)). Yamanashi Labour Bureau says it checks with you whether your name may be given to the company. You can also get advice anonymously from the Labour Standards Advice Hotline.

Sources