The term “working hours” in the Labour Standards Law applies to actual working hours excluding work breaks. The actual working hours are the hours worked under instruction from the employer. The law states the standard working hours and days are 8 hours a day and 40 hours a week. To make an employee work over the standard working hours, the employer needs an agreement with the employee under Article 36 of the Labour Standards Law and this is must be submitted to the Labour Standards Inspection Office.
The law states that up to 60 hours per month of out of ordinary hours work, or late at night work, should be paid with a minimum 25% penalty of the ordinary pay. If the out of hours work exceeds 60 hours per month, for the hours over 60 hours, the hourly pay should be paid with a minimum 50% penalty of the ordinary pay. For work on holidays, a minimum 35% penalty of the ordinary hourly pay rate must be paid.