Is it illegal to not be given a break in Japan?

Question

I work in Japan and during my eight hour day, I get one hour break, although my Japanese co-workers work longer hours and get no break at all. I know they are tired and not happy but they refuse to speak up for themselves. I understand Japanese culture like the fact they want to keep the "harmony" and be obedient, but I think that I should speak up for them right?

Answer 1

No that's their issue. I wouldn't get involved. If they really wanted to they could do something about it themselves.

Answer 2

Please do not bother speaking up for them.

They are adults in charge of their own lives. They make the choice to work the hours they do without breaks. It may be that they do not feel they require breaks and it may be that they want to show others that they are hard workers.

Japanese people mind their own business and value personal responsibility. Please let them take responsibility for their own actions and mind your own business. This is the Japanese way.

Just as it would be proper to point this out in the US it would be improper to point it out in Japan.

Answer 3

that would be a brave thing to do and i appreciate your willingness to do the honorable deed.

the sad thing is the majority of the japanese mindset is that workers are servants. this come from our heritage with the oh so revered samourai culture. the majority thinks like that so 3% of the workers rising for their rights wont really start a movement.

people who stand up for over here gets bashed. there is no really strong labor union in japan. we didnt have revolution movement that stemed from people claiming their freedom. our system was set by the germans aid in the pre-war area when we used to be allies.

in japan the system was modeled. it was not made from the people. the system here is clinical. how can you make people change their mindset?

americans fought for their rights against the british. black people fought for emancipation from the whites in U.S. former colonies like vietnam, african nations, china, korea, philippines, india fought for their right. french people in the olden days fought against their tyrannic king and establish  bill of rights that are the back bone of every constitution.

Us japanese? there were some moments but nothing as collective and massive as the examples above. truth is we were always servants for higher power. we kowtow too much to people in power. we should be more disrespectful to powers and more self-assertive of our rights.

over working 80-100 hours (additional 5pm-10pm) per month without compensation is nothing but exploitation. japanese make very low earnings in hourly basis. the hourly based productivity rate is 30th or something among advanced nations.

i decided to leave japan because i knew nothing could change this slave type work environment in any few decades. so i decided to leave the country for good. perhaps if there were a massive influx of westeners like yourself, japan would change its due course of exploiting workers in such manners (to keep up make the profits they are making).

by all means, dude, stand up for your servitile japanese co-workers. we need new breeze that you westeners bring. change our "poor" country for my fellow japanese sake.

[edit]

if you can read japanese, you'll notice that there's at least a few employees dying from what is called "karoshi" (death due to overwork). there were one who died by overwork ( deprived of sleep, had a stroke and died) from toyota. japanese has too much sense of obligation. this guy was in a managerial position working for toyota. he worked 150+ overtime and didnt have breaks for as longs as few months.

also, there was a news in NHK (most prestigious national news). this guy was a store manager for a family restaurant. maybe "skylark" or something like that. again, he overworked 200 hours or so. slept only for 3 hours for as long as few months. he was 33 or something. do you know what happened? he had a stroke and he ended up on bed immobilized, living on feeding tube at that age. the company refuses to acknowledge its exploitation and they are fighting at court.

A conformist gaejins might say otherwise but WE NEED PEOPLE LIKE YOU TO  BREAK THE NORM.

Answer 4

When I was teaching in Japan, I had this discussion with several Japanese students before and it is my understanding that the practice of not getting breaks (as well as working OT and not getting paid) is technically illegal, yet it goes on regularly in Japanese companies. When I asked some Japanese why they didn't stand up for themselves, they said that they could raise this issue with management,  and the company would comply and give them a break, longer lunch, etc. but that they would likely be ostracized by management and other workers and they would never get promoted within the company.

I did speak to a few Japanese that told me that they demanded breaks and regular lunches and to leave work "on-time" but they knew they would never be promoted, but they didn't care about that. They just wanted to work their shift and go home.  

So to answer your question, it really is up to them. They can push for it if they want to, and face the consequences. It's not your call to make for them.

Answer 5

Japanese labor law admits only 1 hour break during more than 8 hours shift working. The break also must be taken

at one time for every same shift staffs all together. No individual free self-break is allowed by laws.

Answer 6

I would say just be happy that you get the break. The fact is everyone would be likely to be more productive if they used their common sense and took a break-but that is not how it works in Japan. In Japan, it's more important to look productive than to be productive.

Answer 7

No you should not "speak up for them".  It may be that they take their "breaks" at their desks.  Also, many Japanese are intitled to breaks but just don't take one unless everyone else takes one.  Same thing with working overtime. Nobody leaves unless they all leave........negative productivity but part of the Japanese work ethic.  For your part, don't push the issue, you will just make it harder on yourslef and your colleagues.

Answer 8

According to Article 34 of Labor Standard Law, workers must be given 45 minutes break if they are working for more than 6 hours.

So you are right. It's illegal.

If you want to speak for them, you have to tell it to Labor Bureau of the prefecture you are working.

http://www.hyougo-roudoukyoku.go.jp/

The above is Hyogo Labor Bureau.

But I don't think many people at Bureau speak English. So maybe it's difficult for you to do so.