Japan Labor Standards Law

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9 hours ago Labor Standards Act. Chapter I GENERAL PROVISIONS. (Principle of Working Conditions) Article 1 (1) Working conditions shall be those which should meet the needs of workers who live lives worthy of human beings. (2) The standards for working conditions fixed by this Act are minimum standards. Accordingly, parties to labor relationship shall not

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8 hours ago

JPN-1995-L-27776 Labour Standards Law [Law No. 49 of 7 April 1947 asamended through Law No. 107 of 9 June 1995]. LabourLaws of Japan. Ministry of Labour. Institute of LabourAdministration. Tokyo. Japan. 1995, pp. 71-110, 7th ed.

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4 hours ago With respect to work conditions, there are three major Japanese labor laws: The Labour Standards Law (LSL), the Trade Union Law (TUL) and the Labour Relations Adjustment Law (LRAL). The LSL deals with workplace health and safety, while the TUL guarantees rights to organize and engage in collective bargaining.

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9 hours ago Japanese labour law is established within this constitutional framework. It is elaborated by acts, ordinances, collective agreements and work rules. The Civil Code adopted on 27 April 1896 gives a basic definition of employment contracts. Labour laws must additionally meet constitutional demands by setting minimum labour standards.

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2 hours ago As wages are the most important matter for employees’ life, the Labor Standards Law stipulates guaranteed payment as follows;. ① In the event of suspension of business for reasons attributable to the employer, the employer should pay an allowance equal to or more than 60% of the employee’s average wages (Article 26). ② With respect to employees employed under a …

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1. Terms and Conditions of Employment. 1.1 What are the main sources of employment law? The two principal sources of employment law are the Labour Standards Act (the “LSA”) and its Enforcement Ordinance, both of which provide minimum standards for the terms and conditions of employment contracts.
2. Employee Representation and Industrial Relations. 2.1 What are the rules relating to trade union recognition? The LUA defines “labour unions” as organisations or federations of unions formed voluntarily by and composed mainly of workers for the main purposes of maintaining and improving working conditions and raising the economic status of the workers; however, the following groups are not “labour unions”
3. Discrimination. 3.1 Are employees protected against discrimination? If so, on what grounds is discrimination prohibited? The LSA provides that employers must not use the nationality, creed or social status of any worker to discriminate against him/her with respect to wages, working hours or other working conditions.
4. Maternity and Family Leave Rights. 4.1 How long does maternity leave last? Mandatory maternity leave lasts 14 weeks in general (six weeks before childbirth, and eight weeks after childbirth).
5. Business Sales. 5.1 On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer? When a business is sold through a share transfer, no transfer will take place because there will be no change in employer.
6. Termination of Employment. 6.1 Do employees have to be given notice of termination of their employment? How is the notice period determined? Yes. An employer is required to provide at least 30 days’ advance notice to the employee, or to pay the average wage the employee would earn for a period of not less than 30 days in lieu of notice (“Payment in lieu of Notice”).
7. Protecting Business Interests Following Termination. 7.1 What types of restrictive covenants are recognised? In a typical case, restrictive covenants include non-compete clauses, non-solicitation clauses and confidentiality clauses.
8. Data Protection and Employee Privacy. 8.1 How do employee data protection rights affect the employment relationship? Can an employer transfer employee data freely to other countries?
9. Court Practice and Procedure. 9.1 Which courts or tribunals have jurisdiction to hear employment-related complaints and what is their composition? There are two main venues which have jurisdiction to hear employment-related complaints
10. Response to COVID-19. 10.1 Are there any temporary special measures in place to support employees and businesses during the COVID-19 emergency? Under the employment adjustment subsidy programme which has been expanded in response to the COVID-19 emergency, employers that put employees on paid leave and meet certain conditions are granted subsidies which cover a maximum of 100 per cent of the amount of the leave allowances for small and medium enterprises and a maximum of 80 per cent of the leave allowances for large enterprises.

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9 hours ago

1. General labour market and litigation trends. Over the last few years, there have been several developments in the Japanese labour legislation based on the so-called “Work Style Reform”, a strategic plan issued by the Japanese government in order to realise a society where people can choose how to work depending on their respective circumstances.
2. Redundancies, business transfers and reorganisations. Under the Japanese law, it is very difficult to terminate the employment contract due to business reasons of the employer and the following general requirements have been formulated by Japanese courts in determining the validity of the dismissal: (a) necessity of labour reduction (such as financial deterioration of the employer); (b) necessity in selecting dismissal over other available measures (for example, whether the employer could have avoided dismissal by using other means such as soliciting for early retirement); (c) appropriateness of the selection of the employee being dismissed; and (d) appropriateness of the dismissal procedure (for example, whether the employer provided sufficient explanation and opportunities for consultation).
3. Business protection and restrictive covenants. It is lawful and common for an employer to include the duties of confidentiality in the employment contract and/or work rules.
4. Discrimination protection. The LSA provides that employers must not use the nationality, creed or social status of any worker to discriminate against him/her with respect to wages, working hours or other working conditions.
5. Protection against dismissal. Under Japanese law, termination by employers have been strictly regulated, and such restriction has not changed.
6. Statutory employment protection rights (such as notice entitlements, whistleblowing, holiday, parental and maternity leave, etc.) As basic protections, there are regulations for the minimum requirements of employment conditions (generally stipulated in the LSA), which include the following: (a) the limitation of working hours (eight hours per day, 40 hours per week in general, without labour-management agreement executed between the employer and the representative employee/labour union representing majority of the employees at the workplace) and additional payment requirements for the works exceeding prescribed working hours (125% of the average wage for overtime work and 135% for holiday work, plus an additional 25% for late-night work provided from 10pm to 5am); (b) requirements for breaks (at least 45 minutes when working hours exceed six hours, and at least one hour when working hours exceed eight hours); (c) employers’ obligation for reasonable effort to secure certain intervals between the end-of-work time for a day and the start-of-work time for the next day (newly established under the Work Style Reform); (d) holidays (at least one day per week as a general rule); (e) paid leave requirements (number of days will depend on the length of service of each employee) and employers’ obligation to designate at least five days of annual leave per year (newly established under the Work Style Reform); and (f) 30 days prior notice (or payment in lieu) for the termination unilaterally made by the employer.
7. Worker consultation, trade union and industrial action. “Labour unions” are defined under the Labour Union Act (“LUA”) as organisations or federations formed voluntarily by and composed mainly of workers for the main purposes of maintaining and improving working conditions and raising the economic status of the workers; however, the following groups are not considered “labour unions”: (a) a group which admits persons who represent the interests of the employer including directors and workers in supervisory positions; (b) a group which receives the employer’s financial assistance in paying the organisations’ operational expenditures; (c) a group whose purposes are confined to mutual aid service or other welfare services; and (d) a group whose purposes are principally political or social movements.
8. Employee privacy. Employees’ data, insofar as it falls within “personal information”, is protected under the Act on the Protection of Personal Information (“APPI”), its Ordinance and related guidelines.
9. Other recent developments in the field of employment and labour law. Several pieces of legislation and special treatments have been provided by the government to deal with the circumstances under COVID-19, which include: (a) relaxing the requirements for the governmental employment adjustment subsidies; (b) provision of support money and benefits for workers forced to take leave due to COVID-19; and (c) issuance of guidelines for “working from home” (“WFH”) and provision of subsidies to the companies implementing WFH.

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5 hours ago As of April 1st, Japanese labor laws have changed.In 2018, Japan passed “The Work Style Reform Bill”. In 2018, Japan passed “The Work Style Reform Bill”. This Bill (now Law) amends eight laws (including the Labor Standards Act (LSA)) and the Industrial Safety and Health Act (ISHA).

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9 hours ago In April 2020, Japan’s Labor Laws were changed to increase overtime that exceeded 60 hours per month from 1.25 to 1.5 times the average rate. However, small employees were exempt from this change of law and were allowed to follow the previous rate of 1.25 times the regular rate.

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2 hours ago Japan’s New Labor Laws and the Need to Shift from a Culture of Excessive Working Hours Work Society Jul 27, 2018 The Diet has voted to approve the government’s plans to reform the way people

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1 hours ago

1. Pursuant to the Article 27(2) of The Constitution of Japan, “Standards for wages, hours, rest and other working conditions shall be fixed by law.”. Based on the foregoing constitutional article, many laws have been made. “Labor Standards Act”is a core of such laws. Article 1(1)of Labor Standards Act provides “Working conditions shall be those which should meet the needs of workers who live lives worthy of human beings.” in response to the meaning of Article 25 (right to life) of the Constitution of Japan. Article 1(2)also provides “The standards for working conditions fixed by this Act serve as minimum standards. Accordingly, parties in labor relationships shall not lower the standard of current working conditions by using these standards as an excuse to do so, and instead should endeavor to improve current working conditions.”.

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9 hours ago To learn more about the employees’ official leaves and vacations under the Japanese Labour Standards Law, you may refer to the MHLW’s resource material for foreign workers available here. Working Hours and Holiday Leave (Articles 32, 34, and 35) (These provisions, however, do not apply to certain fields such as agriculture, livestock, and

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9 hours ago Since the new Japanese labor laws, originally passed in 2013, came into full effect last year, some companies have acted unlawfully to evade rules that benefit long-term contract workers. Employees have been forced out of their companies, overwhelmed by the time and cost required for a legal battle.

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5 hours ago To address the dangers of overworking, Japan’s lawmaking body, the National Diet, passed the Work Style Reform Legislation in 2018. Most of the provisions take effect in …

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3 hours ago The Labour Standards Law states very simply that except in the most extreme of circumstances (you punch your boss, an earthquake destroys your workplace), an employer must give 30 days’ notice or thirty days pay in lieu of notice. If you are fired, it …

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3 hours ago In April 2010, Japan’s wage laws were revised to increase the premium for overtime that exceeded 60 hours per month from 1.25 times the regular rate to 1.5 times the regular rate. Small employers, however, were exempt from this amendment and could maintain a 1.25-times-the-regular-rate premium no matter how many overtime hours their employees

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2 hours ago

1. In Japan, there are a number of Labor Laws regarding the protection of workers that companies are required to comply with, including: a) The Labor Standards Act: minimum standards on working conditions b) The Industrial Safety and Health Act: minimum standards on working conditions regarding health and safety c) The Minimum Wage Act: a minimum wage for workers These laws generally apply to all enterprises in Japan including subsidiaries or branch offices of international companies. They also apply to foreign workers in Japan if the foreign workers meet the definition of workers under these laws.

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1 hours ago Major changes in health, labor and welfare systems (Oct. 2021) ( Japanese) October is the “Promotion Month of Taking Annual Paid Leave” ( Japanese) October is the "Promotion and Enhancement of Enrollment Month" for the Smaller Enterprise …

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4 hours ago An overview of Japanese employment law LAWRENCE CARTER and KEIJI NASUDA, DLA Piper BRIEFING January/February 2014 13 Japanese employment law is employee-friendly and rife with pitfalls for employers. From hiring to firing, there are issues unique to Japan to consider when deciding whether to offer employment in Japan.

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3 hours ago In April 2010, Japan's wage laws were revised to increase the premium for overtime that exceeded 60 hours per month from 1.25 times the regular rate to 1.5 times the regular rate. Small employers, however, were exempt from this amendment and could maintain a 1.25-times-the-regular-rate premium no matter how many overtime hours their employees

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7 hours ago labor and employment laws, in recent years (e.g., Konno 2012), but there does not appear to have been much systematic or theoretical study on the question of what sort of policy response should be made to address labor and employment law violations efficiently and sufficiently.

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6 hours ago The translations contained in the Japanese Law Translation Database System are not official texts, and not all of the translations are finalized versions. Only the original Japanese texts of the laws and regulations have legal effect, and the translations are to be used solely as reference materials to aid in the understanding of Japanese laws

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3 hours ago In April 2010, Japan’s wage laws were revised to increase the premium for overtime that exceeded 60 hours per month from 1.25 …

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Posted in: Labor LawShow details

Just Now The Silence of Stockholders: Japanese Labor Law from the Viewpoint of Corporate Governance (PDF:573KB) Sep. 1999 Revisions of Employment Security Law and Worker Dispatching Law: Drastic Reforms of Japanese Labor Market Regulations (PDF:317KB) 1998. Nov. Overhaul After 50 Years: The Amendment of the Labour Standards Law (PDF:319KB) Oct.

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4 hours ago Governing Law. When it comes to international contracts, the legally dominant country is determined by agreement between to the parties, and labour contracts are included. However, laws that protect workers, such as the Labour Standards

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Just Now work visa designated by Japanese law, for which the permittedstandard period of stay in Japan is fiveyears, three years, one year, or three months. A foreign employee who is currently working for an organisationoutside Japan and will subsequently be transferred to that organisation’sJapanese office employment law overview 2019-2020 / japan

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9 hours ago The pupose of this page is to guide through the maze of Japanese Labor Law and give some interesting extracts. Overtime Work and Work on Holidays. Article 36. In the event that the employer has entered a written agreement with either a trade union organized by a majority of the workers at the workplace concerned where such a trade union exists

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3 hours ago The minimum wage rate in Japan is different in different regions of Japan. There are 47 different regions in Japan and the wage changes according to the region. In line with the provisions of Labour Standards Act and the Minimum Wages Act, any individual convicted of violating the provisions regarding payment of minimum wages shall be punished

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7 hours ago 1984] LABOR LAW 3 500,000 lawyers. This reflects Japan's preference for a society in which law is subordinated to human considerations. As Jiro Tokuyama has noted, "The very precision of the law is alien to the Japanese."2 Says Tokuyama: "If a Japanese is …

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7 hours ago

1. Note: The General Union takes no responsibility for any problems you may encounter by using this information in your own disputes with your employer. We have seen non-union members fired after talking about the law with their boss. It is far safer to join the union and negotiate with your company as an equal, rather than simply as an employee.

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7 hours ago The Labor Standards Act (労働基準法, roudou-kijunhou) is a Japanese law. It was enacted on 7 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 who live lives worthy of human beings." Contents 1 Historical background

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8 hours ago From low productivity to the death of citizens by overwork, Japan’s labor practices have long maintained a complicated relationship with the country’s workforce. The problem of death by overwork is so prevalent the Japanese have created a word for it: karoshi. On June 29, 2018, Japan passed the “Work Style Reform Law” (the Law) to

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9 hours ago procedure list of the Labor Standards Law in Japan. ① (1) apply business report ② (1) working conditions notice general workers working conditions for model notice regular, fixed-term employment type (2) working conditions notice general workers working conditions for model notice day labor type (3) working conditions notice short time workers and temporary workers …

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8 hours ago Labor & Employment Law. Labor and Employment law in Japan is an area which has already changed dramatically in response to recent changes in society, and more shifts in the law are expected to trace current sociopolitical movements in Japan. Our Labor & Employment Practice Group has developed its team to prosper in this state of constant change

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1 hours ago The Japan Labor Review, launched in January 2004, is a quarterly journal of research in the field of labor studies.For the purpose of providing valuable information on Japanese labor issues to the broad range of overseas readers, articles are selected, edited, and published by an editorial board of the Japan Institute for Labour Policy and Training.

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9 hours ago The Labor Standards Law Minimum standards on working conditions The Industrial Safety and Health Law M health and safety inimum standards on working conditions regarding The Minimum Wage Law Minimum standards on wages Laws pertaining to labor and the protection of workers. etc These laws apply in principle to all enterprises in Japan,

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6 hours ago The pupose of this page is to guide through the maze of Japanese Labor Law and give some interesting extracts. Overtime Work and Work on Holidays. Article 36. In the event that the employer has entered a written agreement with either a trade union organized by a majority of the workers at the workplace concerned where such a trade union exists

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9 hours ago Ministerial Ordinance on Milk and Milk products Concerning Compositional Standards, etc. (PDF:404KB) Abattoir Law(PDF:237KB) Poultry Slaughtering Business Control And Poultry Inspection Law(PDF:270KB) Links. Links to websites of external organisations. MHLW has no responsibility for the content of external Internet websites. Food Sanitation Law

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9 hours ago In Japan, as working-style reforms are stipulated as governmental policy, it is said that companies without employment regulations are at increased risk with regard to labor issues. According to Article 120 of the Labor Standards Act, companies that employ more than 10 regular employees are obliged to create employment regulations, and if neglected, a fine of no …

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7 hours ago Details of: Japan introduced a set of guidelines – the Standards Concerning Implementation of Special Health Examinations and Special Public Health Guidance under the Ministry of Health, Welfare, and Labor Order 159 (the Metabo Law) – on April 1, 2008 to address national concern that half of all men and 1 in 5 women between the ages of 40 and 74 were …

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5 hours ago Labor Stats: compare key data on Japan & United States. Labor Stats. : compare key data on. Japan. &. United States. Agricultural workers > Male : Proportion of employed males engaged in the agricultural sector. Employment by economic activity (%) (most recent year available between 1995 and 2001). Note: As a result of a number of limitations

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9 hours ago Under the revised immigration law law, Japan will accept foreign blue-collar workers. The coming years will be a test of whether Japan is …

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8 hours ago Japan's labor law also states that the cost for commuting,extra pay (such as working on holidays,at night,overtime,etc.) and temporary pay (bonus,tips,etc.) must be paid additionally and cannot be used to calculate towards minimum wage. …

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7 hours ago Japan Labor Standards Law. 1,131 likes · 18 talking about this. Labor Union

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7 hours ago On the other hand, under the Labor Standards Act of Japan, an “employee” is defined as a person who is “employed at a business” and receives “wages” therefrom, regardless of the type of occupation (Article 9). The Japanese test whether a person is an employee is based on the similar concept of the U.S., considering control of a

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4 hours ago The Smart House – Japanese Technology and Standards May. 24, 2016 Japanese High-Tech Helps People With Low Vision See Again Nov. 10, 2015 Japan’s Science and Technology: Rooted in History Nov. 11, 2015

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2 hours ago Article 32 of the Labor Standards Act prohibits any hours beyond 40 per week or eight per day (not counting breaks). The 40-hour week is something that workers throughout the world fought and died

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3 hours ago Japanese labor law derives from statute, e.g., the Japanese Labor Standards Act and Labor Contract Act, and the precedents established by the Japanese courts.

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Frequently Asked Questions

What is the labour standards act in japan?

Labor Standards Act (Japan) The Labour Standards Act (労働基準法 roudou-kijunhou) is a Japanese law. It was enacted on 7 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 who live lives worthy of human beings.".

Do japanese labor laws apply to foreigners?

As a general rule, Japanese laws concerning labor apply to all employees in Japan, regardless of nationality. It means that the Labor Standards Law, the Minimum Wage Law, the Industrial Safety and Health Law, the Workers’ Accident Compensation Insurance Law, the Employment Security Law and others also apply to foreigners.

What are the legal rights of employees in japan?

Employees in Japan enjoy significant protection under Japanese employment law and through well-established court precedents. Guidelines and notices issued by the Ministry of Health, Labour and Welfare (MHLW) are also employee- friendly.

Are the translations of japanese laws and regulations legal?

Only the original Japanese texts of the laws and regulations have legal effect, and the translations are to be used solely as reference materials to aid in the understanding of Japanese laws and regulations.

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