Article 1The purpose of this Act is to establish procedures whereby, with regard to a dispute concerning civil affairs arising between an individual employee and an employer about whether or not a labor contract exists or about any other matters in connection to labor relations (hereinafter referred to as "civil disputes arising from individual labor relations"), a labor tribunal held in a court of law and composed of a judge and persons with expert knowledge and experience in labor relations hears the case at the petition of the relevant party, and whereby if the case is likely to be resolved through conciliation, said labor tribunal attempts conciliation, but if the case fails to be resolved, the labor tribunal renders a labor tribunal decision (meaning a decision that is necessary for resolving a civil dispute arising from individual labor relations in accordance with the circumstances of the case while taking into account the rights and interests between the parties; the same applies hereinafter) (such procedures are hereinafter referred to as "labor tribunal proceedings"), thereby achieving prompt, proper, and effective dispute resolution in accordance with the actual circumstances of the dispute.

Article 2(1)A case in labor tribunal proceedings (hereinafter referred to as a "labor tribunal case") is to be under the jurisdiction of the district court that has jurisdiction over the location of the domicile, residence, business office, or any other office of the respondent; the district court that has jurisdiction over the location of the employer's place of business at which the employee actually works or has worked most recently based on the labor relations between the employee and the employer from which the civil dispute arising from individual labor relations arose; or a district court determined by an agreement between the parties.

(2)A labor tribunal case is subject to the jurisdiction of the district court that has jurisdiction over the last place of domicile of the respondent (excluding a juridical person or any other association or foundation) if the respondent has no domicile or residence in Japan or the respondent's domicile or residence is unknown.

(3)A labor tribunal case in which the respondent is a juridical person or any other association or foundation (excluding a foreign association or foundation) is subject to the jurisdiction of the district court that has jurisdiction over the place of domicile of its representative or any other principal person in charge of its business if it has no business office or other office in Japan or the location of its business office or other office is unknown.

(4)A labor tribunal case in which the respondent is a foreign association or foundation is subject to the jurisdiction of the district court that has jurisdiction over the place of domicile of its representative or any other principal person in charge of its business assigned in Japan if it has no business office or other office in Japan.

Article 3(1)When the court finds that the whole or a part of a labor tribunal case is not under its jurisdiction, it will, upon petition or by its own authority, transfer the case to a court with jurisdiction.

(2)Even where a labor tribunal case brought before the court is under its jurisdiction, when the court finds it appropriate in order to process the case, it may, upon petition or by its own authority, transfer the whole or part of the labor tribunal case to another court with jurisdiction.

Article 4(1)In labor tribunal proceedings, except for an agent who can perform judicial acts under laws and regulations, no person other than an attorney may serve as an agent; provided, however, that when the court finds it necessary and appropriate in order to protect the rights and interests of the parties and ensure smooth progress in labor tribunal proceedings, the court may permit a person who is not an attorney to serve as an agent.

(2)The court may rescind the permission granted under the provisions of the proviso to the preceding paragraph.

Article 5(1)In order to achieve the resolution of a civil dispute arising from individual labor relations, a party may file with the court a petition for labor tribunal proceedings.

(2)The petition set forth in the preceding paragraph must be filed by submitting a written petition to a court.

(3)The written petition set forth in the preceding paragraph must state the following matters:

Article 6When the court finds that a petition for labor tribunal proceedings is unlawful, it must issue an order to dismiss the petition.

Article 7The court conducts labor tribunal proceedings through a labor tribunal composed of one labor tribunal judge and two labor tribunal members.

Article 8The labor tribunal judge is designated by the district court from among its judges.

Article 9(1)Labor tribunal members, as provided for by this Act, participate in the labor tribunal proceedings held by the labor tribunal and perform the duties necessary for processing the labor tribunal case from a neutral and fair standpoint.

(2)Labor tribunal members are appointed from among persons who have expert knowledge and experience in labor relations.

(3)Labor tribunal members serve part-time, and in addition to what is provided for in the preceding paragraph, the necessary matters concerning their appointment and dismissal are prescribed by the Rules of the Supreme Court.

(4)Labor tribunal members are paid an allowance as separately provided by law as well as travel expenses, a daily allowance, and lodging expenses, at amounts specified by the Rules of the Supreme Court.

Article 10(1)The labor tribunal members that are to compose a labor tribunal are designated by the court for each labor tribunal case.

(2)When designating labor tribunal members pursuant to the provisions of the preceding paragraph, the court must comprehensively take into account the knowledge and experience of the labor tribunal members and any other relevant circumstances, and give consideration so as to ensure an appropriate composition of labor tribunal members in the labor tribunal.

Article 11With regard to the disqualification of labor tribunal members, the provisions of Article 11, and Article 13, paragraphs (2), (4), (8), and (9) of the Non-Contentious Case Procedures Act (Act No. 51 of 2011) (excluding the parts concerning a challenge) apply mutatis mutandis.

Article 12(1)Resolutions by a labor tribunal are adopted in accordance with the majority opinion.

(2)A labor tribunal's deliberations are to be confidential.

Article 13Labor tribunal proceedings are led by the labor tribunal judge.

Article 14(1)The labor tribunal judge must specify a date for labor tribunal proceedings and summon the persons concerned with the case to appear.

(2)A court clerk must take notes that clearly indicate the outline of developments in the proceedings held on the date set forth in the preceding paragraph.

(3)When ordered by the labor tribunal judge, a court clerk must prepare a record regarding the date for proceedings set forth in paragraph (1).

Article 15(1)The labor tribunal must hear the statements of the parties and arrange issues and evidence promptly.

(2)Except where there are special circumstances, labor tribunal proceedings must be concluded by the end of the third date for proceedings.

Article 16Labor tribunal proceedings are not open to the public; provided, however, that the labor tribunal may permit observation by a person whom it considers to be appropriate.

Article 17(1)The labor tribunal may study facts on its own authority, and may examine evidence that it considers necessary upon petition or by its own authority.

(2)Examination of evidence is governed by the rules of civil procedure.

Article 18Where conciliation is successful, each party is to bear, among the costs that the party has incurred, those for which there are no provisions on the burden of costs in the terms of conciliation.

Article 19When concluding proceedings, the labor tribunal must declare to that effect on the date of the labor tribunal proceedings.

Article 20(1)The labor tribunal renders a labor tribunal decision based on the rights and interests between the parties that were found as a result of proceedings, and in light of the developments in the labor tribunal proceedings.

(2)Through a labor tribunal decision, the labor tribunal may confirm the relationship of the parties' rights to one another, order the payment of monies, delivery of objects, or any other payment of economic benefits, and may specify other matters that are considered to be appropriate for the resolution of the civil dispute arising from individual labor relations.

(3)A labor tribunal decision must be made by preparing a written tribunal decision in which the main text of the decision and a summary of the reasons therefor have been entered.

(4)The written tribunal decision set forth in the preceding paragraph must be served upon the relevant parties.In this case, the labor tribunal decision takes effect when it has been served upon the parties.

(5)With regard to the service of a written tribunal decision under the provisions of the preceding paragraph, the provisions of Part I, Chapter V, Section 4 of the Code of Civil Procedure (Act No. 109 of 1996) (excluding Article 104 and Articles 110 through 113) apply mutatis mutandis.

(6)When the labor tribunal finds it appropriate, notwithstanding the provisions of paragraph (3), it may render a labor tribunal decision by making an oral announcement of the main text of the labor tribunal decision and a summary of the reasons therefor on a date for labor tribunal proceedings on which all parties appear, in lieu of preparing a written tribunal decision.In this case, the labor tribunal decision takes effect when it has been announced.

(7)When a labor tribunal decision is made under the provisions of the first sentence of the preceding paragraph, the court must have a court clerk enter into the record the main text of the labor tribunal decision and a summary of the reasons.

Article 21(1)A party may file a challenge with the court against a labor tribunal decision within an unextendable period of two weeks from the day on which the party was served with the written tribunal decision under the provisions of paragraph (4) of the preceding Article or the day on which the labor tribunal decision under the provisions of paragraph (6) of said Article was announced.

(2)When the court finds that the filing of a challenge is unlawful, it must issue an order to dismiss the challenge.

(3)When a lawful challenge has been filed, the labor tribunal decision ceases to be valid.

(4)If no lawful challenge is filed, the labor tribunal decision has the same effect as a judicial settlement.

(5)In the case referred to in the preceding paragraph, each party is to bear, among the costs that the party incurred, those for which there are no provisions on the burden of costs in the labor tribunal decision.

Article 22(1)When a lawful challenge is filed against a labor tribunal decision, an action on the claim made in the petition for labor tribunal proceedings is deemed to have been filed with the district court before which the labor tribunal case was pending when the labor tribunal decision was made, at the time that the petition for labor tribunal proceedings was filed.

(2)A case for which an action is deemed to have been filed pursuant to the provisions of the preceding paragraph is under the jurisdiction of the district court set forth in said paragraph.

(3)When it is deemed pursuant to the provisions of paragraph (1) that an action has been filed, for the purpose of the application of the provisions of Articles 137, 138, and 158 of the Code of Civil Procedure, the written petition set forth in Article 5, paragraph (2) is deemed to be a complaint.

Article 23(1)Where a written tribunal decision is to be served pursuant to the provisions of Article 20, paragraph (4),when any of the following grounds exists, the court must issue an order to revoke the labor tribunal decision:

(2)The provisions of the preceding Article apply mutatis mutandis to cases where a labor tribunal decision is revoked pursuant to the provisions of the preceding paragraph.

Article 24(1)When a labor tribunal finds that conducting labor tribunal proceedings is unsuitable for the prompt and proper resolution of a dispute due to the nature of the case, it may close the labor tribunal case.

(2)The provisions of Article 22 apply mutatis mutandis to cases where a labor tribunal case is closed pursuant to the provisions of the preceding paragraph.In this case, the phrase "before which the labor tribunal case was pending when the labor tribunal decision was made" in paragraph (1) of said Article is deemed to be replaced with "before which the labor tribunal case was pending when the labor tribunal case was closed."

Article 24-2A petition for labor tribunal proceedings may be withdrawn in whole or in part before a labor tribunal decision becomes final and binding.

Article 25Where a labor tribunal case is closed (excluding the cases prescribed in Article 18 and Article 21, paragraph (5)), and when the court finds it necessary, the court may, upon petition or by its own authority, issue an order to bear the costs for the proceedings concerning the labor tribunal case.

Article 26(1)The parties to the case and any third party who has made a prima facie showing of interest may lodge a request with a court clerk to inspect or copy the record of the labor tribunal case, to be issued an authenticated copy, transcript, or extract of such record, or to be issued a certificate of matters concerning the labor tribunal case.

(2)The provisions of Article 91, paragraphs (4) and (5) and Article 92 of the Code of Civil Procedure apply mutatis mutandis to the record set forth in the preceding paragraph.

Article 27If an action is pending with regard to a case for which a petition for labor tribunal proceedings has been filed, the court in charge of the case may suspend court proceedings in the action until the labor tribunal case has been closed.

Article 28(1)An immediate appeal may be filed against an order made under the provisions of Article 25.

(2)An immediate appeal against an order made under the provisions of Article 6, Article 21, paragraph (2), Article 23, paragraph (1), and Article 25 has the effect of a stay of execution.

Article 29(1)Except as otherwise provided, with regard to labor tribunal cases, the provisions of Part II of the Non-Contentious Case Procedures Act (excluding Article 12 of said Act (including the cases where applied mutatis mutandis pursuant to Article 14 and 15 of said Act), and Articles 27, 40, 52, 53, and 65 of said Act) apply mutatis mutandis.In this case, the term "paragraph (2)" in Article 43, paragraph (4) of said Act is deemed to be replaced with "Article 5, paragraph (3) of the Labor Tribunal Act (Act No. 45 of 2004)."

(2)The provisions of Articles 11, 12, 16, and 36 of the Civil Conciliation Act (Act No. 222 of 1951) apply mutatis mutandis to labor tribunal cases.In this case: in Article 11 of said Act, the terms "of conciliation," "conciliation committee," and "conciliation proceedings" are deemed to be respectively replaced with "of labor tribunal proceedings," "labor tribunal," and "labor tribunal proceedings"; in Article 12, paragraph (1) of said Act, the terms "conciliation committee," "for conciliation," and "measure prior to conciliation" are deemed to be respectively replaced with "labor tribunal," "for conciliation or labor tribunal decision," and "measure prior to conciliation or labor tribunal decision"; and in Article 36, paragraph (1) of said Act, the term "the preceding two Articles" is deemed to be replaced with "Articles 31 and 32 of the Labor Tribunal Act (Act No. 45 of 2004)."

Article 30In addition to what is provided for in this Act, the necessary matters concerning labor tribunal proceedings are prescribed by the Rules of the Supreme Court.

Article 31If a person concerned with a case who has been summoned to appear by the labor tribunal judge does not appear, without justifiable grounds, the court will sentence the person to a non-criminal fine of not more than 50,000 yen.

Article 32If a party to the case does not comply with the measure ordered under the provisions of Article 12 of the Civil Conciliation Act as applied mutatis mutandis pursuant to Article 29, paragraph (2), without justifiable grounds, the court will punish the party by a non-criminal fine of not more than 100,000 yen.

Article 33If a labor tribunal member or a person who was a labor tribunal member divulges any matters with respect to the proceedings of deliberations, the opinions of the labor tribunal judge and labor tribunal members, or the number of opinions constituting the majority and the minority, without justifiable grounds, such person will be sentenced to a fine of not more than 300,000 yen.

Article 34If a labor tribunal member or a person who was a labor tribunal member divulges any personal secret that has come to such person's knowledge in relation to the matters handled in the course of duties, without justifiable grounds, the person will be sentenced to imprisonment with work for not more than one year or to a fine of not more than 500,000 yen.