- Labor Standard Law Japan
- Despite Japan’s reluctance to accept foreign workers, Japan’s Labor Ministry has reported a record number of foreign workers which shows country’s increasingly turning to people overseas to provide for its labor shortages.
With the increasing number of foreign workers in Japan, it is important that each of them have enough knowledge on labor laws that will protect them while they are working in Japan. Country’s Labor Standard Law also applies to foreign workers.
Labor Standards Act is a Japanese law enacted on 7th of April 1947 to govern working conditions in Japan. According to Article 1 of the Act, its goal is to ensure that “Working Conditions shall be those which should meet the needs of workers live lives worthy of human beings.”
In Japan, the following laws and regulations related to labor standards apply (extract):
- Determination of Working Conditions (Article 2)
- Equal Treatment (Article 3)
- Equal Wages for Men and Women (Article 4)
- Forced Labor (Article 5)
- Intermediate Exploitation (Article 6)
- Guarantee of the Exercise of Civil Rights (Article 7)
- Contracts Violating the Labor Standards Act (Article 13)
- Period of Contract (Article 14)
- Labor contracts concluded with workers who have expert knowledge, skills, or experience, that expert knowledge, etc., being of an advanced level and coming under the standards prescribed by the Minister of Health, Labor and Welfare.
- Labor contracts concluded with workers aged 60 years or older.
- Clear Indication of Working Conditions (Article 15)
- Period of the labor contract
- The standard in case of renewing a labor contract with a definite period
- Workplace and work in which workers are to be engaged
- Working hours
- Matters related to retirement
- Matters concerning increase in wages
- Special wages, expenses for food, dormitory, etc. to be borne by the workers, matters concerning compensation for industrial accidents, vocational training, commendation and sanction, administrative leave, etc., matters concerning travel expenses.
- Ban on Predetermined Compensation (Article 16)
- Compulsory Savings (Article 18)
- Restriction on Dismissal of Workers (Article 19)
- Notice of Dismissal
Article 21 the provisions of the preceding article shall not apply to any worker coming under one of the following items; provided, however, that this shall not be the case with respect to a worker coming under item (i) who has been employed consecutively for more than one month, a worker coming under either item (ii) or item (iii) who has been employed consecutively for more than the period set forth in each such item respectively, nor a worker coming under item (iv) who has been employed for more than 14 days:
- Workers who are employed on daily basis;
- Workers who are employed for a fixed period not longer than 2 months;
- Workers who are employed in seasonal work for fixed period not longer than 4 months;
- Workers in a probationary period.
- Certificate on Retirement (Article 22)
- Period of employment
- Kind of occupation
- Position in the enterprise
- Cause of retirement
- Return of Money and Goods (Article 23)
- Payment of Wages (Article 24)
- Allowance for Absence from Work (Article 26)
- Guaranteed Payment at Piece Rates (Article 27)
- Minimum Wages (Article 28)
- Working Hours (Article 32)
- Day Off (Article 35)
Mizuno Kenji Patent and Law’s attorney is dedicated to handling civil litigation cases involving unfair labor practices against employees. If you suspect that you may have a potential labor or employment case, talk to us at: 052-218-6790. W offer free initial consultation.
English Translation of Labor Standards Act: http://www.jil.go.jp/english/laws/documents/l.standards2012.pdf