Rest and meal breaks
Breaks: 45 minutes over 6 hours, 60 minutes over 8 hours
Where working hours exceed 6 hours the employer must give at least 45 minutes of break, and where they exceed 8 hours at least 1 hour of break. The break must be given during the working hours, not at the start or end of the shift.
Who this covers
All workers covered by the Labour Standards Act. Article 41 exempt workers (managers/supervisors, agriculture and fishery, permitted monitoring/intermittent work) are excluded, as the Article 41 exemption expressly covers break provisions. The trigger is working time strictly exceeding 6 hours, not reaching 6 hours.
How to encode this in a schedule
Hard constraint: every assignment block whose working time exceeds 6 hours must contain at least 45 minutes of non-working interval strictly between the start and end times, rising to 60 minutes once working time exceeds 8 hours. The break may be split into multiple intervals as long as the total is met; MHLW states expressly that a break need not be given continuously. Any period of tebiki machi jikan (on-call standby) or actual work such as serving a customer must be subtracted before testing the 45 or 60 minute total.
- Break minutes
- 45
- After hours
- 6
- Break minutes tier 2
- 60
- After hours tier 2
- 8
The mistake employers make
The thresholds are 'exceeds', not 'reaches'. A shift of exactly 6 hours needs no break at all, and a shift of exactly 8 hours needs only 45 minutes; 8 hours and one minute needs a full 60. Rostering an 8-hour shift with a 45-minute break is lawful until a single minute of overtime is worked, at which point the employer is retroactively 15 minutes short and in breach.
Why this figure does not travel
afterHours 6 means working time STRICTLY EXCEEDING 6 hours, and the break may be split into several intervals. The UK's 20-after-6 also triggers above 6 hours but must be one unbroken block. Singapore's 45 minutes is not a break entitlement at all, it is the price of an 8-hour continuous-work block and is counted INSIDE that block.
Citation: Labour Standards Act Article 34(1); penalties under Article 119(i) (up to 6 months confinement or a fine up to 300,000 yen)
e-Gov Law Search, Ministry of Internal Affairs and Communications (official consolidated statute text)last read 6 August 2026
