When Does the Late-Night Premium Start in Japan? The 10 p.m. to 5 a.m. Rule and Counting Night Shift Hours
You may have heard that your pay goes up after 10 p.m. But until what time, what happens when it overlaps with overtime, and which day does an overnight shift count toward? This article uses concrete examples to sort out the late-night hours, how premium rates stack, how to count a shift from 10 p.m. to 6 a.m., and how breaks during late-night hours are treated.
The late-night premium runs from 10 p.m. to 5 a.m.
Article 37, Paragraph 4 of Japan's Labor Standards Act requires a premium of at least 25% for time worked between 10 p.m. and 5 a.m. These 7 hours are the late-night work period.
- Start: 22:00. Up to 21:59 is the regular period.
- End: 5:00 the next morning. After 5:00, there's no premium.
- Exception: in regions and periods approved by the Minister of Health, Labour and Welfare, it can be 23:00 to 6:00 (this is used in very few cases).
The late-night premium depends only on when you worked. The day of the week, whether it's overtime, and whether you're part-time or full-time make no difference. Any time actually worked between 22:00 and 5:00 gets an extra 25%.
Premium rates when it overlaps with overtime or holidays
The late-night premium is added on top of other premiums rather than replacing them. So the multiplier depends on the combination of time of day and type of work.
| Situation | Calculation | Multiplier |
|---|---|---|
| Late night within scheduled hours (regular hours on a night shift) | 1.0 + 0.25 | 1.25 |
| Late night during overtime (overtime past 22:00) | 1.25 + 0.25 | 1.5 |
| Late night during overtime beyond 60 hours a month | 1.5 + 0.25 | 1.75 |
| Late night on a statutory holiday | 1.35 + 0.25 | 1.6 |
The first row is the confusing one. Even for dedicated night shift workers whose scheduled hours include 22:00 to 5:00, the late-night premium is required. It's wrong to say there's no premium because the shift was set that way from the start.
Here's a worked example: a day from 9:00 to 23:30 with a 1-hour break and a base hourly wage of 1,600 yen. Actual working time is 13 hours 30 minutes. The 5 hours 30 minutes beyond 8 hours are overtime, and the 1 hour 30 minutes from 22:00 to 23:30 overlap with late night.
| Item | Time | Multiplier | Amount |
|---|---|---|---|
| Scheduled hours | 8 hours | 1.0 | 12,800 yen |
| Overtime | 5 hours 30 minutes | 1.25 | 11,000 yen |
| Late-night addition | 1 hour 30 minutes | +0.25 | 600 yen |
| Total | 13 hours 30 minutes | — | 24,400 yen |
The late-night addition applies 0.25 only to the hours overlapping with late night: 1,600 × 0.25 × 1.5 hours = 600 yen. The full picture of premium rates is in how to calculate overtime pay.
Counting a night shift that crosses midnight
A shift from 22:00 to 6:00 the next morning falls on two calendar days. But under the Labor Standards Act, continuous work is treated as one day's work on the day it began. In this example, it's an 8-hour shift on the day you started.
- 1
Add 24 hours to the finish time
Read 6:00 the next morning as 30:00. 30:00 − 22:00 = 8 hours of total time at work.
- 2
Subtract breaks for actual working time
With a 1-hour break, you worked 7 hours. That's within 8 hours, so there's no statutory overtime that day.
- 3
Count the time overlapping with late night
22:00 to 5:00 the next morning is 7 hours of late-night time. If you took your break during those hours, subtract the break from the 7 hours to get your late-night working time.
- 4
Separate out time after 5:00
The hour from 5:00 to 6:00 is outside the late-night period, so it's paid at the regular hourly wage.
| Example shift | Time at work | Break | Actual work | Late-night overlap |
|---|---|---|---|---|
| 22:00 to 6:00 | 8 hours | 1 hour (in late-night period) | 7 hours | 6 hours |
| 20:00 to 5:00 | 9 hours | 1 hour (21:00 hour) | 8 hours | 7 hours |
| 17:00 to 2:00 | 9 hours | 1 hour (19:00 hour) | 8 hours | 4 hours |
| 0:00 to 8:00 | 8 hours | 1 hour (6:00 hour) | 7 hours | 5 hours |
Late-night breaks and nap time
A break or nap taken during late-night hours on a night shift isn't work, so it doesn't get the late-night premium. However, if you're waiting in a nap room but required to respond when called, that counts as standby time, which is working time and does get the premium.
- Breaks and naps fully free from duty: not working time, so no premium.
- Naps while ready to be called (effectively standby): treated as working time, with the premium if at late night.
- If you took a break during late-night hours, subtract it from your late-night working time in the calculation.
Late-night work also comes with health protection rules. In principle, minors under 18 can't be assigned to late-night work (with exceptions such as rotating shifts). Pregnant or postpartum workers can't be made to work late at night if they request not to. There's also a voluntary health checkup scheme for workers who do a certain amount of late-night work.
Count night shift hours with the tool
Mistakes in night shift calculations come from two things: handling times that cross midnight, and separating out the late-night period. The Work Hours & Overtime Calculator handles both automatically.
- 1
Enter the finish time as next-day 6:00
Besides marking it as next-day, you can write times beyond 24:00, such as 30:00. A time earlier than your start time is also treated as the next day.
- 2
Specify any late-night break
Enter how much of your break fell between 22:00 and 5:00, and it's subtracted from your late-night working time.
- 3
Check late-night and overtime separately
It shows the time overlapping with late night, the overtime beyond 8 hours, and the time that's both. Enter an hourly wage to get the amount including premiums.
- 4
Total up a month
Paste your shift table into the "Monthly total" tab to get your total late-night time for the month. The 50% premium for overtime beyond 60 hours a month is also reflected.
If you work with people in other time zones and end up in late-night hours, see also scheduling meetings across countries and converting UTC and JST. The approach in dealing with jet lag can help you reset your daily rhythm.
FAQ
- What hours does the late-night premium cover?
- From 10 p.m. (22:00) to 5 a.m. Article 37, Paragraph 4 of the Labor Standards Act requires a premium of at least 25% for time worked in this period. There's an exception allowing 23:00 to 6:00 in regions and periods approved by the Minister of Health, Labour and Welfare, but it applies in very few cases. Up to 21:59 and after 5:00 are the regular period.
- What's the premium when overtime runs into late night?
- 1.5 times. The 25% late-night premium is added to the 25% overtime premium. The key is that the late-night premium stacks on other premiums rather than replacing them. Late night on a statutory holiday is 1.35 + 0.25 = 1.6, and late night in overtime beyond 60 hours a month is 1.5 + 0.25 = 1.75. Only the time overlapping with late night gets the addition.
- How many days of work is a night shift from 22:00 to 6:00?
- One day. Continuous work crossing midnight is counted as work on the day it began. For 22:00 to 6:00, read the finish time as 30:00: 30:00 − 22:00 = 8 hours at work, or 7 hours of actual work with a 1-hour break. That's within 8 hours, so there's no overtime, but time between 22:00 and 5:00 gets the late-night premium.
- Do part-time and casual workers get the late-night premium?
- Yes. The late-night premium applies regardless of employment type. A casual worker on 1,100 yen an hour who works after 22:00 gets at least 1,375 yen (1,100 × 1.25) for that time. However, minors under 18 generally can't be made to work after 22:00, except in cases such as rotating shifts. That's why high school students' part-time shifts end at 22:00.
- Does nap time on a night shift count as working time?
- If you're fully free from duty, it's a break and doesn't count as working time. But a nap during which you must respond when called is standby time, which counts as working time and gets the late-night premium during late-night hours. The deciding question is whether you can use that time freely. There are court cases where effectively mandatory waiting in a nap room was treated as working time.
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