Labor Standards Act(Act No. 49 of 1947)
Last Version: Act No. 13 of 2020
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令和7年4月21日
- 最終更新:令和二年法律第十三号
- 翻訳日:令和4年8月30日
- 辞書バージョン:17.0
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令和6年10月1日
- 最終更新:令和二年法律第十三号
- 翻訳日:令和4年8月30日
- 辞書バージョン:17.0
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令和2年8月7日
- 最終更新:平成三十年法律第七十一号
- 翻訳日:令和2年1月28日
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平成26年7月25日
- 最終更新:平成二十四年法律第四十二号
- 翻訳日:平成24年12月11日
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平成21年3月31日
- 最終更新:平成十六年法律第百四十七号
- 翻訳日:平成21年4月1日
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Labor Standards Act
Act No. 49 of April 7, 1947
Chapter I General Provisions
(Principles for Working Conditions)
Article 1(1)Working conditions must be conditions that meet the needs of workers to live a life worthy of a human being.
(2)The standards for working conditions prescribed in this Act serve as minimum standards; a party to a labor relationship must not cause working conditions to deteriorate using these standards as the grounds for doing so, but instead must endeavor to improve them.
(Deciding Working Conditions)
Article 2(1)The worker and the employer are to decide working conditions on an equal footing.
(2)Workers and employers must comply with collective agreements, rules of employment, and labor contracts, and each worker or employer must sincerely perform their duties.
(Equal Treatment)
Article 3An employer must not use a worker's nationality, creed, or social status as a basis for discriminatory treatment regarding wages, working hours, or other working conditions.
(Principle of Equal Wages for Men and Women)
Article 4An employer must not use the fact that a worker is female as a basis for discriminatory treatment in comparison to men regarding wages.
(Prohibition of Forced Labor)
Article 5An employer must not force a worker to work against their will through the use of physical violence, intimidation, confinement, or any other means that unjustly restricts that worker's mental or physical freedom.
(Elimination of Exploitation by Intermediaries)
Article 6It is prohibited for any person to profit from intervening in the employment of others in the course of trade, beyond what is permitted by law.
(Guarantee of the Exercise of Civil Rights)
Article 7An employer must not refuse a worker's request for time needed to exercise the right to vote or any other civil right, or to perform a public duty during working hours; provided, however, that the employer may alter the time requested by the worker as long as the alteration does not hinder the exercise of that right, or the performance of that public duty.
Article 8Deleted
(Definitions)
Article 9The term "worker" as used in this Act means a person who is employed at a business or office (referred to below as a "business") and to whom wages are paid, regardless of the type of occupation.
Article 10The term employer as used in this Act means a person in control of the business, a person responsible for managing the business, or any other person acting on behalf of the person in control of the business in particulars relating to the workers of the business.
Article 11The term wage as used in this Act means wages, salary, allowances, bonuses, and anything else that an employer pays to a worker as remuneration for labor, regardless of what it is called.
Article 12(1)The term average wage as used in this Act means the amount of money calculated as the total amount of wages over the 3-month period preceding the day on which grounds for the calculation of the average wage came into existence divided by the total number of days during that period; provided, however, that the average wage must not fall below the amount calculated in accordance with any of the following items:
(i)60 percent of the amount of wages calculated as the total amount of wages divided by the number of days worked during the relevant period, if wages are calculated on the basis of days or hours worked, or are determined in accordance with a piece rate or another such system under a service contract;
(ii)the aggregate of the amount of money calculated as the total amount of wages determined on the basis of months, weeks, or any other fixed period divided by the total number of days in that period, and the amount of money referred to in the preceding item, if a part of the wage is determined on the basis of months, weeks, or any other fixed period.
(2)If there is a pay period end date, the period referred to in the preceding paragraph commences on the most recent pay period end date.
(3)If a period falling under one of the following items is a part of the period provided for in the preceding two paragraphs, the number of days constituting that period is deducted from the period referred to in the preceding two paragraphs and wages from during that period are deducted from the total amount of wages referred to in the preceding two paragraphs:
(i)a period during which a worker was absent from work for medical treatment caused by an injury sustained or an illness contracted at work;
(ii)a period during which a female worker was absent from work before or after childbirth in accordance with the provisions of Article 65;
(iii)a period during which a worker was absent from work for reasons attributable to the employer;
(iv)a period during which a worker was on childcare leave prescribed in Article 2, item (i) of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Act No. 76 of 1991), or a period during which a worker was on caregiver leave prescribed in item (ii) of that Article (including leave taken to provide caregiving prescribed in Article 61, paragraph (3) of that Act (including as applied mutatis mutandis pursuant to paragraph (6) of that Article); the same applies in Article 39, paragraph (10) of this Act);
(v)a probationary period.
(4)Wages that have been paid on an ad hoc basis, wages that are paid after every period of more than 3 months, and wages paid in a form other than currency and not falling within a certain range are not included in the calculation of the total amount of wages referred to in paragraph (1).
(5)If wages are paid in a form other than currency, Order of the Ministry of Health, Labour and Welfare prescribes the necessary particulars in connection with the range of the wages that are to be included in the calculation of the total amount of wages referred to in paragraph (1) and the assessment of their value.
(6)For a worker who has been hired for less than 3 months, the period referred to in paragraph (1) means the period after that worker's hiring.
(7)The average wage for a person hired on a day-to-day basis is prescribed by the Minister of Health, Labour and Welfare according to the kind of business or occupation in which that person is engaged.
(8)If an average wage cannot be calculated in accordance with paragraphs (1) through (6), the average wage is as prescribed by the Minister of Health, Labour and Welfare.
Chapter II Labor Contracts
(Contracts in Violation of This Act)
Article 13Any part of a labor contract that prescribes working conditions not meeting the standards of this Act is invalid. In this case, the part of the contract that is invalid is governed by the standards prescribed in this Act.
(Contract Period)
Article 14(1)Except for labor contracts without fixed terms and except for those in which it is provided that the contract period is the period necessary for the completion of a specific business, it is prohibited to enter into a labor contract for a period exceeding 3 years (or 5 years, for a labor contract falling under one of the following items):
(i)a labor contract entered into with a worker who has expert knowledge, skills, or experience (referred to below as "expertise" in this item and Article 41-2, paragraph (1), item (i)) falling under the standards prescribed by the Minister of Health, Labour and Welfare as being of a highly advanced level (limited to a worker who is appointed to engage in activities requiring that highly advanced level of expertise).
(ii)a labor contract entered into with a worker aged 60 years or older (other than a labor contract stated in the preceding item).
(2)To preemptively prevent disputes from arising between workers and employers when they enter into fixed-term labor contracts and when those labor contracts expire, the Minister of Health, Labour and Welfare may prescribe standards for particulars regarding the notice that employers are required to give in connection with the expiration of the period of labor contracts, and other necessary particulars.
(3)The relevant government agency may give necessary advice and guidance concerning the standards referred to in the preceding paragraph to employers entering into fixed-term labor contracts.
(Clear Indication of Working Conditions)
Article 15(1)When entering into a labor contract, the employer must clearly indicate the wages, working hours, and other working conditions to the worker. In doing so, the employer must clearly indicate the particulars of wages and working hours and any other such particulars that Order of the Ministry of Health, Labour and Welfare prescribes in the manner prescribed by Order of the Ministry of Health, Labour and Welfare.
(2)If working conditions that have been clearly indicated based on the provisions of the preceding paragraph differ from actual conditions, the worker may immediately cancel the labor contract.
(3)In the case referred to in the preceding paragraph, if a worker who has altered residences for work returns home within 14 days after the contract cancellation date, the employer must cover any necessary travel expenses.
(Prohibition on Establishing Compensation for a Loss or Damages in Advance)
Article 16An employer must not enter into a contract that prescribes a penalty for non-performance of a labor contract or establishes the amount of compensation for a loss or damages in advance.
(Prohibition on Offsetting against Advances)
Article 17An employer must not offset a worker's wages against money advanced to the worker or against a claim for the return of an advance that is conditioned on the worker's working.
(Compulsory Savings)
Article 18(1)An employer must not cause a worker to enter into a savings contract or a contract to manage a worker's savings incidental to the labor contract.
(2)If an employer seeks to be entrusted by a worker with managing their savings, it must conclude a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union; and must file this agreement with the relevant government agency.
(3)If an employer is entrusted by a worker with managing their savings, it must establish rules governing the management of those savings and take measures to inform the worker of these rules, such as keeping them at the workplace.
(4)When an employer is entrusted by a worker with managing their savings, it must set an interest rate if its management of those savings constitutes the acceptance of a deposit. In this case, if the interest rate is below the rate of interest prescribed by Order of the Ministry of Health, Labour and Welfare by taking into consideration the rate of interest for deposits accepted by financial institutions, the employer is deemed to have set an interest rate that is based on the rate of interest prescribed by that Order of the Ministry of Health, Labour and Welfare.
(5)If an employer is entrusted by a worker with managing that worker's savings, it must return those savings to the worker if requested to do so without delay.
(6)If an employer has violated the provisions of the preceding paragraph and the employer's continued management of the workers' savings is found to be seriously detrimental to the interests of the worker, the relevant government agency may order the employer to suspend its management of those savings, to the extent necessary.
(7)An employer that has been ordered to suspend its management of savings pursuant to the provisions of the preceding paragraph must return the savings associated with that suspended management to the worker without delay.
Article 18-2Deleted
(Restrictions on the Dismissal of Workers)
Article 19(1)An employer must not dismiss a worker in a period during which the worker is absent from work for medical treatment due to an injury sustained or illness contracted at work, nor within 30 days thereafter, and must not dismiss a female worker in a period during which she is absent from work before or after childbirth based on the provisions of Article 65, nor within 30 days thereafter; provided, however, that this does not apply if the employer pays compensation for discontinuation pursuant to Article 81, nor does it apply if continuation of business has become impossible due to a natural disaster or any other unavoidable reason.
(2)In a case referred to in the second sentence of the proviso to the preceding paragraph, the employer must obtain the approval of the relevant government agency regarding the reason in question.
(Advance Notice of Dismissal)
Article 20(1)If an employer intends to dismiss a worker, the employer must provide at least 30 days' advance notice. An employer not giving 30 days' advance notice must pay the worker the average wage for at least 30 days; provided, however, that this does not apply if continuation of business has become impossible due to a natural disaster or any other unavoidable reason, or if the worker is dismissed for reasons attributable to that worker.
(2)The number of days of advance notice referred to in the preceding paragraph may be shortened if the employer pays the worker the average daily wage they would earn for each day by which the advance notice period is shortened.
(3)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the case referred to in the proviso to paragraph (1).
Article 21The provisions of the preceding Article do not apply to a worker falling under one of the following items; provided, however, that this does not apply if a person falling under item (i) has been employed continuously for a period of more than one month, if a person falling under either item (ii) or (iii) has been employed continuously for more than the period referred to in the relevant item, or if a person falling under item (iv) has been employed continuously for a period of more than 14 days:
(i)a person hired on a day-to-day basis;
(ii)a person employed for a fixed period of 2 months or less;
(iii)a person employed in seasonal work for a fixed period of 4 months or less;
(iv)a person who is subject to a probationary period.
(Certificate of Leaving Employment)
Article 22(1)If, on the occasion of leaving employment, a worker requests a certificate stating the period of employment, kind of occupation, position in the business, wages, or reason for leaving (including the grounds for dismissal, if dismissal is the reason for leaving), the employer must deliver one without delay.
(2)If a worker requests a certificate giving the grounds for dismissal during the period between the day on which the worker is given the advance notice of dismissal referred to in Article 20, paragraph (1) and the day of leaving employment, the employer must deliver this without delay; provided, however, that if, on or after the day that the worker receives advance notice of dismissal, the worker leaves employment for reasons other than the dismissal in question, the employer is not required to deliver such a certificate on or after the day on which that worker leaves employment.
(3)The employer must not include any particular in the certificate referred to in the preceding two paragraphs that the worker does not request.
(4)An employer must not collaborate with a third party in advance to communicate any information concerning the nationality, creed, social status, or union activities of a worker, nor include any secret message in a certificate referred to in paragraph (1) or (2), with the intent to impede the employment of a worker.
(Return of Money and Goods)
Article 23(1)If a worker dies or leaves employment and the employer is requested to do so by a right holder, the employer must pay the wages and return reserve funds, security deposits, savings, and any other money or goods to which the worker is entitled, regardless of what it may be called, within 7 days.
(2)If there is a dispute over the wages, money, or goods referred to in the preceding paragraph, the employer must pay or return any undisputed portion of this within the period referred to in the preceding paragraph.
Chapter III Wages
(Payment of Wages)
Article 24(1)An employer must pay the full amount of wages in currency directly to the worker; provided, however, that an employer may pay other than in currency if so provided for by laws and regulations or collective agreement or if it does so for the wages prescribed by Order of the Ministry of Health, Labour and Welfare by a reliable method for the payment of wages that is prescribed by Order of the Ministry of Health, Labour and Welfare; and it may pay wages from which a partial deduction has been made if so provided for by laws and regulations, or if it has a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union.
(2)Wages must be paid at least once a month on a fixed date; provided, however, that this does not apply to wages paid in special circumstances, bonuses, and any other wages prescribed by Order of the Ministry of Health, Labour and Welfare equivalent to them (referred to as "special wages and other wages" in Article 89).
(Emergency Payments)
Article 25If a worker requests payment of wages to cover the expenses of childbirth, an illness or injury, or any other emergency prescribed by Order of the Ministry of Health, Labour and Welfare, the employer must pay wages for the work in which the worker has already been engaged even if it is before the normal date of payment.
(Allowance for Absence from Work)
Article 26In the event of an absence from work for reasons attributable to the employer, the employer must pay the worker an allowance equal to at least 60 percent of their average wage during that period of absence from work.
(Guaranteed Payment at Piece Rates)
Article 27An employer must guarantee a fixed amount of wages proportionate to working hours for workers employed based on a piece rate or other such system under a service contract.
(Minimum Wage)
Article 28Minimum standards for wages are as prescribed in the Minimum Wage Act (Act No. 137 of 1959).
Articles 29 through 31Deleted
Chapter IV Working Hours, Breaks, Days Off, and Annual Paid Leave
(Working Hours)
Article 32(1)An employer must not have workers work more than 40 hours per week, excluding break time.
(2)An employer must not have workers work more than 8 hours per day for each day of the week, excluding break time.
Article 32-2(1)Notwithstanding the provisions of the preceding Article, if an employer has provided for, in a written agreement with the labor union that is organized by a majority of the workers at the workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, or pursuant to rules of employment or the equivalent of them, that the average weekly working hours over the course of a fixed period of not more than one month will not exceed the working hours referred to in paragraph (1) of the preceding Article, the employer, as established, may have a worker work in excess of the working hours referred to in paragraph (1) of the preceding Article in a specified week or weeks and may have a worker work in excess of the working hours referred to in paragraph (2) of the preceding Article on a specified day or days.
(2)An employer must notify the relevant government agency of the agreement referred to in the preceding paragraph, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
Article 32-3(1)Notwithstanding the provisions of Article 32, if an employer has provided for the following particulars in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, the employer may have a worker whose start and end times are left up to that worker pursuant to rules of employment or the equivalent, work in excess of the working hours referred to in paragraph (1) of that Article in one week, and may have that worker work in excess of the working hours referred to in paragraph (2) of that Article in one day, within a range that does not cause the weekly average working hours during the period that has been provided for in that agreement as the settlement period referred to in item (ii) of this Article to exceed the working hours referred to in paragraph (1) of that Article:
(i)the range of workers whom the employer may have work for the working hours under the provisions of this paragraph;
(ii)the settlement period (this means the period during which the employer may have a worker work within a range that does not cause the weekly average working hours to exceed the working hours referred to in Article 32, paragraph (1), and is limited to being not more than 3 months in length; the same applies below in this Article and the following Article);
(iii)the total working hours in the settlement period;
(iv)other particulars prescribed by Order of the Ministry of Health, Labour and Welfare.
(2)To apply the provisions of the preceding paragraph if the settlement period exceeds one month in length, in the parts of that paragraph other than the items, the phrase "to exceed the working hours referred to in paragraph (1) of that Article" is deemed to be replaced with "to exceed the working hours referred to in paragraph (1) of that Article, and does not cause the weekly average working hours in each of the one-month periods into which that settlement period has been divided beginning on the first day of the settlement period (including the last of the periods into which it has been divided, even if it is shorter than one month; the same applies below in this paragraph) to exceed 50 hours"; and the phrase "paragraph (1) of that Article" is deemed to be replaced with "paragraph (1) of Article 32".
(3)To apply the provisions of paragraph (1) if an employer has a worker whose number of prescribed weekly working days is five days, and the employer have the worker work pursuant to the provisions of that paragraph, in the parts of that paragraph other than the items (including as applied following a deemed replacement of terms pursuant to the preceding paragraph), the phrase "the working hours referred to in paragraph (1) of that Article" is deemed to be replaced with "the working hours referred to in paragraph (1) of that Article (or, if the employer, in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, has provided for that the number of working hours is limited to the number of hours arrived at when the number of prescribed working days during the settlement period is multiplied by the number of working hours referred to in Article 32, paragraph (2), the number of hours arrived at when the number so calculated is divided by the quotient arrived at when the number of days in the settlement period is divided by seven)", and the phrase "paragraph (1) of that Article" is deemed to be replaced with " paragraph (1) of that Article".
(4)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to an agreement providing for the particulars stated in the items of paragraph (1); provided, however, that this does not apply if the settlement period is one month or shorter in length.
Article 32-3-2If the settlement period exceeds one month in length, and an employer, pursuant to the provisions of paragraph (1) of the preceding Article, has had a worker work falls within, but is shorter than, a settlement period that exceeds one month in length, and during that period, the employer has had a worker work an average of more than 40 hours per week, the employer must pay that worker premium wages for time worked in excess of the 40-hour-per-week average (excluding time by which the employer has extended the working hours or the time that the employer has had the worker work on a day off, pursuant to the provisions of Article 33 or Article 36, paragraph (1)) as provided for in Article 37.
Article 32-4(1)Notwithstanding the provisions of Article 32, if an employer has provided for the following particulars in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, the employer may have a worker work in excess of the working hours referred to in paragraph (1) of that Article in a specified week or weeks, and may have a worker work in excess of the working hours referred to in paragraph (2) of that Article on a specified day or days, in accordance with that written agreement (including what has been prescribed under the following paragraph, if applicable), within a range that does not cause the weekly average working hours for the period established in that agreement as the applicable period referred to in item (ii) of this Article to exceed 40 hours:
(i)the range of workers whom the employer may have work for the working hours under this Article;
(ii)the applicable period (this means the period during which the employer may have a worker work within a range that does not cause the weekly average working hours to exceed 40 hours, and is limited to one that exceeds one month and is no longer than 1 year in length; the same applies below in this Article and the following Article);
(iii)specified periods (meaning periods falling during an applicable period when work is particularly busy; the same applies in paragraph (3));
(iv)working days in the applicable period and working hours for each of those working days (or, if it has been decided to divide the applicable period into sub-periods of one month or longer, the working days in whichever of the sub-periods arising from the division includes the first day of the applicable period (referred to as the "initial sub-period" below in this Article), the working hours on each of those working days, and the number of working days and total working hours in each sub-period excluding the initial sub-period);
(v)other particulars prescribed by Order of the Ministry of Health, Labour and Welfare.
(2)If, in the written agreement referred to in the preceding paragraph, the employer has divided the applicable period as provided for in item (iv) of that paragraph, and established the number of working days and total working hours for each sub-period excluding the initial sub-period, the employer, no later than 30 days before the first day of each sub-period, with the consent of the labor union that is organized by a majority of the workers at that workplace, if there is one, or of a person representing a majority of the workers at that workplace, if there is no such union, and pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, must establish the working days in that sub-period within a range that does not exceed the established number of working days and must establish the working hours for each working day within a range that does not exceed those established total working hours.
(3)After hearing the opinions of the Labor Policy Council, the Minister of Health, Labour and Welfare, by Order of the Ministry of Health, Labour and Welfare, may establish a limit to the number of working days in an applicable period, a limit to the daily and weekly working hours in an applicable period, or a limit to the number of consecutive days within an applicable period (excluding periods established as a specified period in a written agreement referred to in paragraph (1)) or within a period that a written agreement referred to in that paragraph has established as a specified period, during which the employer may have a worker work.
(4)The provisions of Article 32-2, paragraph (2) apply mutatis mutandis to an agreement referred to in paragraph (1) of this Article.
Article 32-4-2If the period during which an employer, pursuant to the provisions of the preceding Article, has had a worker work falls within, but is shorter than, the applicable period, and during that period, the employer has had that worker work an average of more than 40 hours per week, the employer must pay the worker premium wages for time worked in excess of the 40-hour-per-week average (excluding the time by which the employer has extended the working hours or the time that the employer has had the worker work on a day off, pursuant to the provisions of Article 33 or Article 36, paragraph (1)) as provided for in Article 37.
Article 32-5(1)Notwithstanding the provisions of Article 32, paragraph (2), if an employer has entered into a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, the employer may have a worker work for up to ten hours per day if that worker is employed in a business prescribed by Order of the Ministry of Health, Labour and Welfare in which there is frequent fluctuation in the volume of work, in which, since this is anticipated, it is found to be difficult to fix daily working hours through rules of employment or their equivalent, and in which the number of regular employees is below the number prescribed by Order of the Ministry of the Health, Labour and Welfare.
(2)If an employer has a worker work pursuant to the provisions of the preceding paragraph, the employer must notify the worker in advance of the hours it will have the worker work on each day of the week, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
(3)The provisions of Article 32-2, paragraph (2) apply mutatis mutandis to an agreement referred to in paragraph (1) of this Article.
(Overtime Work and Work on Days Off in Cases of Temporary Necessity Due to a Disaster or Other Event)
Article 33(1)If there is a temporary necessity due to a disaster or other unavoidable event, an employer may extend the working hours referred to in Articles 32 through 32-5 or Article 40, or may have a worker work on the day off referred to in Article 35, with the permission of the relevant government agency to the extent that is needed; provided, however, that if the urgency of the circumstances does not give the employer time to obtain the permission of the relevant government agency, it must file a notification with the relevant government agency without delay after the fact.
(2)If a notification under the proviso to the preceding paragraph has been filed and the relevant government agency finds the extension of working hours or work on a day off to be inappropriate, it may thereafter order the employer to provide the worker with breaks or days off equivalent to the extra time that the worker was made to work.
(3)Notwithstanding the provisions of paragraph (1), if there is a temporary necessity to do so for the purposes of public service, an employer may extend the working hours referred to in Articles 32 through 32-5 or Article 40 for national public officers and local public officers engaged in the business of public agencies (excluding the business listed in Appended Table 1), or may have them work on the days off referred to in Article 35.
(Breaks)
Article 34(1)An employer must provide a worker with at least 45 minutes of break time during working hours if working hours exceed 6 hours, and at least one hour of break time during working hours if working hours exceed 8 hours.
(2)An employer must provide all workers with the break time referred to in the preceding paragraph at the same time; provided, however, that this does not apply if the employer has concluded a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union.
(3)An employer must permit a worker to use the break time referred to in paragraph (1) freely.
(Days Off)
Article 35(1)An employer must provide a worker with at least one day off per week.
(2)The provisions of the preceding paragraph do not apply to an employer that provides a worker with 4 days off or more over the course of a four-week period.
(Overtime Work and Work on Days Off)
Article 36(1)Notwithstanding the provisions on working hours in Articles 32 through 32-5 and Article 40 (referred to as "working hours" below in this Article) and the provisions on days off in the preceding Article (referred to as "days off" below in this Article), if an employer has concluded a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, and has filed a notification of this agreement with the relevant government agency pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, the employer may extend the working hours or have a worker work on a day off, in accordance with the provisions of that agreement.
(2)The following particulars are to be specified in the agreement referred to in the preceding paragraph:
(i)the range of workers whose working hours the employer may extend and whom the employer may have work on a day off, pursuant to the provisions of this Article;
(ii)the applicable period (this means the period during which the employer may extend the working hours or have a worker work on their days off pursuant to the provisions of this Article, and is to be limited to one year; the same applies in item (iv) of this paragraph and paragraph (6), item (iii) of this Article);
(iii)when the employer may extend the working hours or have a worker work on their days off;
(iv)the number of hours by which the employer may extend the working hours it has a worker work per day, month, and year during the applicable period; and the number of days off on which the employer may have the workers work during the applicable period;
(v)particulars prescribed by Order of the Ministry of Health, Labour and Welfare as needing to be provided for in the agreement to ensure that the extension of working hours and work on days off are appropriate.
(3)The limit to the number of hours by which the employer may extend the working hours it has a worker work referred to in item (iv) of the preceding paragraph is a number not exceeding the maximum of overtime, within the range of the overtime work that is ordinarily foreseeable in consideration of the volume of work at the workplace, trends in overtime work, and other similar circumstances.
(4)The maximum amount of overtime referred to in the preceding paragraph is 45 hours per month and 360 hours per year (or 42 hours per month and 320 hours per year, if the employer has a worker work pursuant to the provisions of Article 32-4, after setting a period exceeding three months as the applicable period referred to in Article 32-4, paragraph (1), item (ii)).
(5)Beyond what is stated in the items of paragraph (2), the agreement referred to in paragraph (1) may establish the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on their days off per month (limited in range to less than 100 hours including the hours prescribed in the agreement in connection with paragraph (2), item (iv)), as well as the number of hours by which the employer may extend the working hours it has a worker work per year (limited in range to less than 720 hours including the hours prescribed in the agreement in connection with that item), if it needs to temporarily have a worker work more than the maximum amount of overtime referred to in paragraph (3) due to an ordinarily unforeseeable, significant increase in the volume of work at the workplace, In this case, the agreement referred to in paragraph (1) must also prescribe the number of months (up to six months per year) in the applicable period referred to in paragraph (2), item (ii) during which the number of hours by which the employer extends the working hours it has a worker work may exceed 45 hours per month (or 42 hours per month, if the employer has a worker work pursuant to the provisions of Article 32-4 after setting a period exceeding three months as the applicable period referred to Article 32-4, paragraph (1), item (ii)).
(6)Even if the employer extends the working hours it has a worker work or has a worker work on a day off pursuant to an agreement referred to in paragraph (1), it must ensure that the number of hours stated in one of the following items meets the requirement prescribed in that item:
(i)the number of hours per day by which an employer has extended the working hours it has a worker work doing underground work or other operations particularly harmful to health that Order of the Ministry of Health, Labour and Welfare prescribes: the requirement is for this not to exceed two hours;
(ii)the number of hours per month by which the employer has extended the working hours it has had the worker work combined with the number of hours per month that it has had the worker work on a day off: the requirement is for this to be below 100 hours;
(iii)the monthly average number of hours by which the employer has extended the working hours it has had the worker work and the number of hours it has had the worker work on their days off, in the periods resulting when each of the one-month periods into which the applicable period has been divided, the first of which starts on the first day of the applicable period, is combined with the one-month, two-month, three-month, four-month, and five month periods immediately preceding it: the requirement is for this not to exceed 80 hours.
(7)To ensure that the extension of working hours and work on their days off are appropriate, the Minister of Health, Labour and Welfare may establish guidelines on the things regarding which care is to be taken regarding the extension of working hours and work on their days off prescribed in agreements referred to in paragraph (1), premium wage rates associated with the extension of working hours, and other necessary particulars, in consideration of the health and welfare of workers, trends in overtime work, and other similar circumstances.
(8)The employer and the labor union or person representing a majority of workers entering into an agreement referred to in paragraph (1), must ensure that the content of the agreement conforms to the guidelines referred to in the preceding paragraph in providing for the extension of working hours and work on their days off in that agreement.
(9)The relevant government agency may provide the employer and the labor union or person representing a majority of workers entering into an agreement referred to in paragraph (1) with the necessary advice and guidance concerning the guidelines referred to in paragraph (7).
(10)When providing the advice and guidance referred to in the preceding paragraph, the relevant government agency must make special considerations so as to ensure workers' health.
(11)The provisions of paragraphs (3) through (5) and paragraph (6) (limited to the parts related to items (ii) and (iii)) do not apply to any work involved in the research and development of a new technology, product, or service.
(Premium Wages for Overtime Work, Work on Days Off, and Night Work)
Article 37(1)If an employer extends the working hours or has a worker work on a day off pursuant to the provisions of Article 33 or paragraph (1) of the preceding Article, it must pay premium wages for work during those hours or on those days at a rate of at least the rate prescribed by Cabinet Order within the range of not less than 25 percent, and less than 50 percent over the normal wage per working hour or working day; provided, however, that if the number of hours by which an employer has extended the working hours it has an employee work exceeds 60 hours in one month, the employer must pay premium wages for work during hours in excess of those 60 hours at a rate not less than 50 percent over the normal wage per working hour.
(2)The Cabinet Order referred to in the preceding paragraph is to be established in consideration of the welfare of workers, the trends in overtime work and work on days off, and other circumstances.
(3)If, in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, an employer has established that, instead of paying a worker premium wages, it will grant a worker to whom premium wages are to be paid leave pursuant to the provisions of the proviso of paragraph (1) during which the normal wage per working hour will be paid (this excludes paid leave under the provisions of Article 39) pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, and that worker takes that leave, the employer is not required to pay premium wages under the provisions of the proviso to that paragraph for work performed during the hours prescribed by Order of the Ministry of Health, Labour and Welfare as hours corresponding to the leave the worker has taken for that work in excess of the hours prescribed in the proviso to that paragraph.
(4)If an employer has a worker work between 10 p.m. and 5 a.m. (or between 11 p.m. and 6 a.m. in the areas or during the times of year that the Minister of Health, Labour and Welfare prescribes, if the minister finds this to be necessary), the employer must pay premium wages for work during those hours, at a rate not less than 25 percent over the normal wage per working hour.
(5)Family allowances, commutation allowances, and other wages prescribed by Order of the Ministry of Health, Labour and Welfare are not included in the calculation of the wage that forms the basis for the premium wages referred to in paragraph (1) and the preceding paragraph.
(Calculation of Hours Worked)
Article 38(1)To apply the provisions regarding working hours, hours worked are aggregated, even if the hours worked were at different workplaces.
(2)For underground work, working hours are deemed to be from the time of entering the mouth of the mine until exiting the mouth of the mine, including break times; provided, however, that in this case, the provisions of Article 34, paragraphs (2) and (3) regarding breaks do not apply.
Article 38-2(1)If a worker engages in work outside of the workplace during all or part of their working hours and it is difficult to calculate those working hours, the number of hours worked is deemed to be the prescribed working hours; provided, however, that if it would normally be necessary to work in excess of the prescribed working hours in order to carry out that work, the worker is deemed to have worked for the number of hours that would normally be necessary to carry out that work, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
(2)In a case referred to in the proviso of the preceding paragraph, if the employer has concluded a written agreement concerning the work in question with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, the number of hours specified in that agreement is used as the number of hours that would normally be necessary to carry out the work referred to in the proviso to that paragraph.
(3)An employer must file the agreement referred to in the preceding paragraph with the relevant government agency pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
Article 38-3(1)If an employer provides for the following particulars in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, and the employer assigns a worker to the work stated in item (i), that worker is deemed to have worked the hours stated in item (ii), pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:
(i)work which it is decided a worker will be assigned to, that is prescribed by Order of the Ministry of Health, Labour and Welfare as work that it is difficult for the employer to give concrete directions for, regarding things such as decisions about how the work is to be carried out and the allocation of time to that work, since, the way in which it is carried out needs to be left largely to the discretion of the worker who is engaged in that work owing to the nature of the work (referred to "covered work" below in this Article);
(ii)the hours that will be calculated as the working hours of a worker engaged in covered work;
(iii)that the employer will not give concrete directions to a worker engaged in covered work regarding things such as decisions on how the covered work is carried out, and the time allocation to that covered work;
(iv)that, pursuant to the provisions of the agreement, the employer will take measures to ensure the workers' health and welfare that are in line with the working hours of workers engaged in covered work;
(v)that, pursuant to the provisions of that agreement, the employer will take measures to process complaints from workers engaged in covered work;
(vi)beyond what is provided for in the preceding items, particulars prescribed by Order of the Ministry of Health, Labour and Welfare.
(2)The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the agreement referred to in the preceding paragraph.
Article 38-4(1)If, at a workplace where a committee is established with the purpose of examining and deliberating on wages, working hours, and other particulars of working conditions at that workplace, and to state its opinions regarding these particulars to the person in control of the business (limited to a committee that has the employer and representatives of workers at the workplace as its members), that committee adopts a resolution by a majority of four-fifths or more of its members regarding the following particulars and the employer notifies the relevant government agency of that resolution pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare; and if the employer has a worker falling under the range of workers stated in item (ii) carry out the work stated in item (i) at that workplace, the worker is deemed to have worked the hours stated in item (iii) pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare:
(i)work in the planning, drafting, researching, and analyzing of particulars involved in business operations, for which the employer is not to give concrete directions regarding things such as decisions about how that work is carried out and the allocation of time to that work, since the nature of the work is such that, in order for it to be carried out properly, the way in which it is carried out needs to be left largely to the discretion of the worker (referred to as "covered work" below in this Article);
(ii)the range of workers who have the knowledge, experience, and other attributes required to carry out the covered work properly, and who is to be deemed to have worked the hours prescribed by the resolution when they are assigned to that covered work;
(iii)the hours that is assessed as the working hours of a worker engaged in covered work who falls within the range of the workers stated in the preceding item;
(iv)that, as prescribed in that resolution, the employer take measures to ensure that the health and welfare of workers engaged in covered work who fall within the range of workers stated in item (ii), that are in line with those workers' working hours;
(v)that, as prescribed in that resolution, the employer take measures to process complaints from workers engaged in covered work who fall within the range of workers stated in item (ii);
(vi)that, when having a worker who falls within the range of workers stated in item (ii) perform covered work pursuant to the provisions of this paragraph, the employer must obtain that worker's consent to deem that worker to have worked the hours stated in item (iii), and that it must not dismiss a worker who does not consent to this or subject that worker to other disadvantageous treatment;
(vii)beyond what is provided for in the preceding items, the matters that Order of the Ministry of Health, Labour and Welfare prescribes.
(2)The committee referred to in the preceding paragraph must be one that conforms to the following items:
(i)one half of the members of that committee are appointed for a set term of office pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare by the labor union that is organized by a majority of the workers at that workplace, if there is one, or by a person representing a majority of the workers at that workplace, if there is no such union;
(ii)minutes of the meetings of that committee are prepared and maintained pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, and are made known to the workers at the relevant workplace;
(iii)beyond what is provided for in the preceding two items, the requirements prescribed by Order of the Ministry of Health, Labour and Welfare.
(3)To ensure appropriate working conditions for workers engaged in covered work, and after hearing the opinion of the Labor Policy Council, the Minister of Health, Labour and Welfare is to establish and announce guidelines regarding the particulars stated in each item of paragraph (1) and other particulars decided upon by the committee referred to in that paragraph.
(4)Pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, an employer that has filed a notification under paragraph (1) must regularly report on the state of implementation of the measures provided for in item (iv) of that paragraph to the relevant government agency.
(5)To apply the provisions of Article 32-2, paragraph (1), Article 32-3, paragraph (1), Article 32-4, paragraphs (1) through (3), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraphs (4) and (6) of the following Article, and the proviso to paragraph (9) of the following Article, if the committee referred to in paragraph (1) makes a decision by a majority of four-fifths or more of the members regarding a matter provided in Article 32-2, paragraph (1), Article 32-3, paragraph (1), Article 32-4, paragraphs (1) and (2), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, paragraphs (1), (2) and (5), Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraphs (4) and (6) of the following Article, and the proviso to paragraph (9) of the following Article, the phrase "in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union" in Article 32-2, paragraph (1) is deemed to be replaced with "in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, or pursuant to a resolution of the committee referred to in Article 38-4, paragraph (1) (referred to below as a 'resolution', except in Article 106, paragraph (1))"; the term "written agreement" in Article 32-3, paragraph (1), Article 32-4, paragraphs (1) through (3), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, paragraph (2) and paragraphs (5) through (7), Article 37, paragraph (3), Article 38-2, paragraph (2), paragraph (1) of the preceding Article, and paragraphs (4) and (6) of the following Article, and the proviso to paragraph (7) of the following Article is deemed to be replaced with "written agreement or resolution"; the phrase "with the consent of the labor union that is organized by a majority of the workers at that workplace, if there is one, or of a person representing a majority of the workers at that workplace, if there is no such union" in Article 32-4, paragraph (2) is deemed to be replaced with "with the consent of the labor union that is organized by a majority of the workers at that workplace, if there is one, or of a person representing a majority of the workers at that workplace, if there is no such union, or based on a resolution"; the phrases "has filed a notification of this agreement" and "in accordance with the provisions of that agreement" in Article 36, paragraph (1) are deemed to be replaced respectively with "has filed a notification of this agreement or resolution" and "in accordance with the provisions of that agreement or resolution"; the phrases "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1)" and "that agreement" in Article 36, paragraph (8) are deemed to be replaced respectively with "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1), or the committee members making the resolution referred to in that paragraph" and "that agreement or resolution"; and the phrase "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1)" in Article 36, paragraph (9) is deemed to be replaced with "or the person representing a majority of the workers entering into an agreement referred to in paragraph (1), or the committee members making the resolution referred to in that paragraph".
(Annual Paid Leave)
Article 39(1)An employer must grant paid leave of 10 consecutive or nonconsecutive working days to a worker who has been employed continuously for six months from the day of their hiring and who has worked on at least 80 percent of the total working days during that period.
(2)At yearly intervals defined by the number of years of continuous employment that are counted starting from the day on which a worker's continuous employment has passed six-months, counting from the hire date (referred to below as "six-months elapsed date"), an employer must grant a worker whom it has employed continuously for at least one year and six months, the paid leave that is calculated when the number of working days that the right-hand column of the following table lists for the category that the left-hand column of that table lists regarding a worker's number of years of continuous employment as counted from the six-months elapsed date, is added to the number of days referred to in the preceding paragraph; provided, however, that for one of the one-year sub-periods into which the period of continuous employment is divided beginning at the six-months elapsed date (including any period of less than one year constituting the last of those sub-periods), if the number of days that a worker has reported for work accounts for less than 80 percent of the total working days in the sub-period that includes the day before the first day of the sub-period in question, the employer is not required to grant the worker paid leave for the one year following the first day of that sub-period.
Number of years of continuous service employmentfrom the six-months elapsed date
|
Working days
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One year
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One working day
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Two years
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Two working days
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Three years
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Four working days
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Four years
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Six working days
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Five years
|
Eight working days
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Six years or more
|
Ten working days
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(3)Notwithstanding the provisions of the preceding two paragraphs, the number of days of paid leave for a worker stated in the following items (excluding one whose prescribed weekly working hours are more than the hours prescribed by Order of the Ministry of Health, Labour and Welfare) is prescribed by Order of the Ministry of Health, Labour and Welfare based on the number of days of paid leave specified in the preceding two paragraphs in consideration of the ratio of the number of days prescribed by Order of the Ministry of Health, Labour and Welfare as the prescribed working days in a week for a worker with a standard employment status (referred to as "the prescribed weekly working days of a worker with a standard employment status" in item (i)) to either the number of prescribed weekly working days for the relevant worker or the average number of prescribed working days per week for that worker:
(i)a worker for whom the number of prescribed weekly working days is less than the number of days prescribed by Order of the Ministry of Health, Labour and Welfare as constituting a number that is considerably lower than the number of prescribed weekly working days of an ordinarily employed worker;
(ii)a worker whose number of prescribed working days is calculated on the basis of units of time rather than weeks, and whose number of prescribed annual working days is less than the number of days prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the number of prescribed annual working days of a worker whose number of prescribed weekly working days is the number determined when one day is added to the number prescribed by Order of the Ministry of Health, Labour and Welfare, referred to in the preceding item and of other circumstances.
(4)Notwithstanding the provisions of the preceding three paragraphs, if an employer provides for the following particulars in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, and a worker who falls within the range of workers stated in item (i) requests paid leave by the hour, the employer, pursuant to the provisions of that agreement, may grant the worker paid leave by the hour for the number of days of paid leave under the provisions of the preceding three paragraphs, that are stated in item (ii):
(i)the range of workers to whom it is decided paid leave by the hour may be granted;
(ii)the number of days of paid leave that it is decided may be granted by the hour (limited to less than five days);
(iii)other particulars prescribed by Order of the Ministry of Health, Labour and Welfare.
(5)An employer must grant paid leave under the provisions of each of the preceding paragraphs at the worker's requested period; provided, however, that if granting the leave at the requested period would interfere with the normal operation of the business, the employer may grant leave at a different period instead.
(6)Notwithstanding the provisions of the preceding paragraph, if an employer, in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, has provided for the time period at which it provides the paid leave under the provisions of paragraphs (1) through (3), the employer may provide the portion of a worker's paid leave under the provisions of those paragraphs that exceeds 5 days, based on that agreement.
(7)For each worker, an employer must grant five days of the paid leave under the provisions of paragraphs (1) through (3) (limited to the paid leave associated with workers to whom the employer must grant 10 working days or more of paid leave pursuant to those provisions; the same applies below in this paragraph and the following paragraph) within one year of the base date (meaning the first day of each of the one-year sub-periods into which the period of continuous employment is divided beginning at the six-months elapsed date (including any period of less than one year constituting the last of those sub-periods)) at the period the employer sets; provided, however, that if an employer decides to grant that paid leave under the provisions of paragraphs (1) through (3) before the base date with which it is associated, it must grant that leave by setting the period for each worker, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
(8)Notwithstanding the provisions of the preceding paragraph, if an employer has granted a worker the paid leave under paragraphs (1) through (3) pursuant to the provisions of paragraph (5) or (6), it is not required to grant leave at the period it determines for however many of the days of paid leave it has granted pursuant to those provisions (or five days, if the number of days of paid leave so granted exceeds five days).
(9)Regarding the period of paid leave under the provisions of paragraphs (1) through (3) an employer must pay the average wage or the amount of wages that the worker would normally be paid for working the prescribed working hours pursuant to the rules of employment or anything equivalent to them; and for the hours of paid leave under the provisions of paragraph (4), an employer must pay the amount of wages calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare based on the average wage or the amount of wages that the worker would normally be paid for working the prescribed working hours pursuant to the rules of employment or anything equivalent to them; provided, however, that if there is a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, which provides that the employer will pay an amount of money equivalent to one thirtieth of the monthly amount of standard remuneration provided for in paragraph (1) of Article 40 of the Health Insurance Law (Act No. 70 of 1922) for that period (with amounts of less than five yen rounded down to the nearest ten yen and amounts of at least five but less than ten yen rounded up to the nearest ten yen) or that the employer will pay an amount of money calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare based on the previously mentioned amount for those hours, the payment of wages is governed by that agreement.
(10)To apply the provisions of paragraphs (1) and (2), a worker is deemed to have reported for work in a period during which the worker was absent from work due to medical treatment for an injury sustained or illness contracted at work, in a period during which the worker was on childcare leave prescribed in Article 2, item (i) of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members or was on family care leave prescribed in item (ii) of that Article, or in a period during which a female worker was absent from work before or after childbirth in accordance with the provisions of Article 65.
(Special Provisions on Working Hours and Breaks)
Article 40(1)Order of the Ministry of Health, Labour and Welfare may establish separate provisions on the working hours referred to in Articles 32 through 32-5 and on the breaks referred to in Article 34, for a business other than that stated in items (i) through (iii), items (vi) and (vii) of Appended Table 1, for which this needs to be done in order to avoid inconvenience to the public or for which there is any other special need to do so, to the extent to which the need to do so is unavoidable.
(2)The separate provisions under the provisions of the preceding paragraph must conform closely to the standards prescribed in this Act and must not be harmful to the health or welfare of workers.
(Workers Exempt from the Application of Provisions on Working Hours, Breaks, and Days Off)
Article 41The provisions prescribed in this Chapter, Chapter VI, and Chapter VI-2 concerning working hours, breaks and days off do not apply to a worker falling under one of the following items:
(i)one engaged in business stated in item (vi) (excluding forestry) or (vii) of Appended Table 1;
(ii)one in a position of supervision or management or of handling confidential affairs, regardless of the type of business;
(iii)one engaged in monitoring or in intermittent work, for whom the employer has obtained permission from the relevant government agency.
Article 41-2(1)If, at a workplace where a committee is established with the purpose of examining and deliberating on wages, working hours, and other particulars of working conditions at that workplace, and to state its opinions regarding these particulars to the person in control of the business (limited to a committee that has the employer and representatives of workers at the workplace as its members), that committee adopts a resolution by a majority of four-fifths or more of its members regarding the following particulars, and the employer notifies the relevant government agency of that resolution pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare; and if the employer has a worker falling under the range of workers stated in item (ii) (referred to as a "covered worker" below in this paragraph) carry out the work stated in item (i) at that workplace after obtaining the consent of the covered worker in writing or through another such means that is provided for by Order of the Ministry of Health, Labour and Welfare, the provisions prescribed in this Chapter concerning working hours, breaks, days off and premium wages for work at night time do not apply to the covered worker; provided, however, that this does not apply if the employer has not taken any of the measures provided for in items (iii) through (v):
(i)work that requires a highly advanced level of expertise; that Order of the Ministry of Health, Labour and Welfare prescribes as work which, due to its nature, is found not to ordinarily show a high correlation between time spent on that work and the results obtained; and that an employer decides to have a worker carry out (referred to as "covered work" below in this paragraph);
(ii)the range of workers to whom all of the following apply during the period in which they are working pursuant to the provisions of this paragraph, and whom the employer intends to have carry out the covered work:
(a)that the duties are clearly defined based on an agreement that the worker and the employer have reached in writing, or by another such means that Order of the Ministry of Health, Labour and Welfare prescribes;
(b)that the amount of annual wages, as calculated based on the amount of wages that are expected to be paid by the employer based on the labor contract, will be at least the amount prescribed by Order of the Ministry of Health, Labour and Welfare as a level that is considerably higher than triple the standardized annual average salary (meaning the average salary per worker that is calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare based on salaries paid on a monthly basis provided in the Monthly Labor Survey compiled by the Ministry of Health, Labour and Welfare);
(iii)that, as prescribed in that resolution, the employer will take measures (limited to means prescribed by Order of the Ministry of Health, Labour and Welfare) to assess the total amount of time that a covered worker engaged in covered work has worked both at the workplace (excluding the time outside of working hours prescribed by Order of the Ministry of Health, Labour and Welfare that the committee referred to in this paragraph has resolved to exclude, if applicable) and outside the workplace, in order to undertake health management for that covered worker (referred to as the "working hours subject to health management" below in item (v), (b) and (d) and item (vi));
(iv)that, as prescribed in the resolution, the rules of employment, or anything similar to them, the employer will grant a covered worker engaged in covered work at least 104 days off over the course of a one year period and at least four days off over the course of a four week period;
(v)that, as prescribed in the resolution, the rules of employment, or anything similar to them, the employer will take one of the following measures for a covered worker engaged in covered work:
(a)ensuring that each worker has a continuous rest period of at least the length of time prescribed by Order of the Ministry of Health, Labour and Welfare during the time from the beginning of work until 24 hours later, and limiting the number of times per month the employer has each worker work between the hours prescribed in Article 37, paragraph (4) to less than the number of times prescribed by Order of the Ministry of Health, Labour and Welfare;
(b)keeping the working hours subject to health management per month and per three-month period within a range not exceeding the number of hours prescribed by Order of the Ministry of Health, Labour and Welfare;
(c)granting that worker a continuous two-week period of days off at least once per year (or a continuous one-week period of days off at least twice per year, if the worker so requests) (excluding any days during that period for which the employer has granted the worker that paid leave under the provisions of Article 39, if applicable).
(d)implementing medical examinations (limited to examinations that include the items prescribed by Order of the Ministry of Health, Labour and Welfare) for a worker for whom the status of the working hours subject to health management or another factor, falls under the requirements prescribed by Order of the Ministry of Health, Labour and Welfare, in consideration of maintaining the worker's health.
(vi)that the employer will take the measures to ensure the health and welfare of a covered worker engaged in covered work that are in line with the status of that worker's working hours subject to health management, and that the resolution prescribes, from among the measures prescribed by Order of the Ministry of Health, Labour and Welfare, including the granting of paid leave (other than the paid leave under the provisions of Article 39) and the implementation of medical examinations for covered workers;
(vii)procedures related to a covered worker's revocation of consent under the provisions of this paragraph;
(viii)that, as prescribed in that resolution, the employer will take measures to process complaints from covered workers who are engaged in covered work;
(ix)that the employer must not dismiss a covered worker who does not give consent under the provisions of this paragraph or subject that worker to other disadvantageous treatment;
(x)beyond what is provided for in the preceding items, the particulars prescribed by that Order of the Ministry of Health, Labour and Welfare .
(2)Having filed a notification under the provisions of the preceding paragraph, an employer must report the implementation status of the measures prescribed in items (iv) through (vi) of the preceding paragraph, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
(3)The provisions of Article 38-4, paragraphs (2), (3), and (5) apply mutatis mutandis to a committee referred to in paragraph (1).
(4)The committee members adopting a resolution referred to in paragraph (1) must ensure that the content of the resolution conforms to the guidelines referred to in Article 38-4, paragraph (3), as applied mutatis mutandis pursuant to the preceding paragraph.
(5)The relevant government agency may provide necessary advice and guidance to committee members adopting the resolution referred to in paragraph (1) concerning the guidelines referred to in Article 38-4, paragraph (3), as applied mutatis mutandis pursuant to paragraph (3).
Chapter V Safety and Health
Article 42The safety and health of workers is as provided for in the Industrial Safety and Health Act (Act No. 57 of 1972).
Articles 43 through 55Deleted
Chapter VI Minors
(Minimum Age)
Article 56(1)An employer must not employ a child until the end of the first 31st of March that falls on or after the day on which the child reaches 15 years of age.
(2)Notwithstanding the provisions of the preceding paragraph, outside of school hours, an employer may employ a child of at least 13 years of age in an occupation involved in a business other than a business stated in items (i) through (v) of Appended Table 1 which involves light labor that is not injurious to the child's health and welfare, with the permission of the relevant government agency. The same applies to a child under 13 years of age employed in the business of film production and theatrical performance.
(Certificates for Minors)
Article 57(1)An employer must keep family register certificates at the workplace, proving the ages of children under 18 years of age.
(2)Regarding a child employed pursuant to paragraph (2) of the preceding Article, an employer must keep at the workplace a certificate issued by the head of that child's school certifying that the child's employment does not hinder their attendance at school, or a written document of consent from the person who has parental authority for, or is the legal guardian of, the child.
(Labor Contracts with Minors)
Article 58(1)It is prohibited for a person with parental authority over a minor or the legal guardian of a minor to enter into a labor contract on behalf of a minor.
(2)A person with parental authority over a minor, the legal guardian of a minor, or the relevant government agency may cancel a labor contract prospectively if they consider it disadvantageous to the minor.
Article 59A minor may claim their wages by themselves; it is prohibited for a person with parental authority over a minor or the legal guardian of a minor to collect the minor's wages on their behalf.
(Working Hours and Days Off)
Article 60(1)The provisions of Articles 32-2 through 32-5, Article 36, Article 40, and Article 41-2 do not apply to persons under 18 years of age.
(2)To apply the provisions of Article 32 to children employed pursuant to Article 56, paragraph (2), the phrase "40 hours per week" in Article 32, paragraph (1) is deemed to be replaced with "40 hours per week including school hours", and the phrase "8 hours per day" in Article 32, paragraph (2) is deemed to be replaced with "7 hours per day including school hours".
(3)Notwithstanding the provisions of Article 32, an employer may employ a person aged 15 or over but under the age of 18 in accordance with the following provisions until they reach the age of 18 (other than during the period until the first 31st of March falling on or after the day the person reaches 15 years of age):
(i)if the total number of working hours in a week does not exceed the number of working hours referred to in Article 32, paragraph (1) and the number of working hours for any one day of the week will be reduced to 4 hours or less, the working hours for other days of the week may be extended to 10 hours;
(ii)an employer may have the worker work in accordance with the provisions of Article 32-2 or Article 32-4 and Article 32-4-2, within the range of less than 8 hours per day, and also within a range not exceeding that which is prescribed by Order of the Ministry of Health, Labour and Welfare, within the range of 48 hours per week.
(Late Night Work)
Article 61(1)An employer must not have a person under 18 years of age work between the hours of 10 p.m. and 5 a.m.; provided, however, that this does not apply to males aged 16 years or more who are employed under a shift-work system.
(2)Whenever finding it necessary to do so, the Minister of Health, Labour and Welfare may alter the hours referred to in the preceding paragraph to the hours of 11 p.m. and 6 a.m., in limited areas or for limited periods.
(3)For a business in which the employer has workers work under a shift-work system, the employer may have a worker work until 10:30 p.m., notwithstanding the provisions of paragraph (1); or may have a worker work from 5:30 a.m., notwithstanding the provisions of the preceding paragraph, with the permission of the relevant government agency.
(4)The provisions of the preceding three paragraphs do not apply if the employer extends working hours, or has a worker work on days off, pursuant to the provisions of paragraph (1) of Article 33, nor do they apply to businesses stated in item (vi), item (vii) or item (xiii) of Appended Table 1 or to telephone exchange operations.
(5)Regarding children employed pursuant to the provisions of Article 56, paragraph (2), the hours referred to in paragraph (1) are the hours of 8 p.m. and 5 a.m., and the hours referred to in paragraph (2) are the hours of 9 p.m. and 6 a.m.
(Restrictions on Engagement in Dangerous and Hazardous Operations)
Article 62(1)An employer must not allow a person under 18 years of age to clean, oil, inspect, or repair a dangerous part of a machine or power transmission device while it is in operation; to attach or detach the driving belts or ropes of a machine or power transmission device while it is in operation; to operate a crane; or to engage in any other dangerous operations prescribed by Order of the Ministry of Health, Labour and Welfare; and must not allow such a person to engage in operations involving the handling of heavy objects, as prescribed by Order of the Ministry of Health, Labour and Welfare.
(2)An employer must not have a person under 18 years of age engage in operations involving the handling of a poisonous, deleterious substance, or other hazardous substance or an explosive, combustible, or inflammable substance; operations in a place where dust or powder is dispersed or where harmful gas or radiation is generated, or in a place of high temperatures or pressure; or any other operation in a place that is hazardous to safety, health, or welfare.
(3)Order of the Ministry of Health, Labour and Welfare prescribes the range of the operations provided for in the preceding paragraph.
(Prohibition on Engagement in Underground Work)
Article 63An employer must not have a person under 18 years of age work underground.
(Traveling Expenses for Returning Home)
Article 64If a worker under 18 years of age returns home within 14 days after dismissal, the employer must cover the necessary travel expenses; provided, however, that this does not apply if a worker under 18 years of age has been dismissed for grounds attributable to that worker, and the employer has had those grounds certified by the relevant government agency.
Chapter VI-2 Expectant and Postnatal Mothers; Women of Childbearing Age
(Restrictions on Underground Operations)
Article 64-2An employer must not assign a female worker stated in one of the following items to the operations provided for in that item:
(i)a pregnant female worker or a female worker who is not yet one year postnatal and who notifies the employer that she will not engage in underground operations: all underground operations;
(ii)a female worker of 18 years of age or more other than one stated in the preceding item: manual underground excavation and other underground operations prescribed by Order of the Ministry of Health, Labour and Welfare as operations hazardous to female workers.
(Restrictions on Dangerous and Hazardous Operations)
Article 64-3(1)An employer must not assign a pregnant female worker or a female worker who is not yet one year postnatal (referred to below as an "expectant or postnatal mother") to operations involving the handling of heavy objects, operations in places where harmful gas is generated, or other operations that are hazardous to factors such as pregnancy, childbirth, and nursing.
(2)By Order of the Ministry of Health, Labour and Welfare, the provisions of the preceding paragraph may be applied mutatis mutandis to female workers other than expectant or postnatal mothers, for operations provided for in that paragraph that are hazardous to female functions concerning pregnancy and childbirth.
(3)Order of the Ministry of Health, Labour and Welfare prescribes the range of operations provided for in the preceding two paragraphs and the range of persons who must not be assigned to those operations pursuant to them.
(Before and After Childbirth)
Article 65(1)If a female worker who is due to give birth within 6 weeks (or within 14 weeks, in the case of a multiple pregnancy) requests leave from work, the employer must not have her work.
(2)An employer must not have a female worker who is not yet 8 weeks postnatal work; provided, however, that this does not prevent an employer from allowing a female worker who is at least 6 weeks postnatal to work, if she requests so, in operations that a doctor has approved as being non-detrimental to her.
(3)If a pregnant female worker so requests, an employer must transfer her to other lighter operations.
Article 66(1)Notwithstanding the provisions of Article 32-2, paragraph (1), Article 32-4, paragraph (1), and Article 32-5, paragraph (1), if an expectant or postnatal mother so requests, the employer must not have her work in excess of the working hours referred to in Article 32, paragraph (1) per week or in excess of the working hours referred to in paragraph (2) of that Article per day.
(2)Notwithstanding the provisions of Article 33, paragraphs (1) and (3), and Article 36, paragraph (1), if an expectant or postnatal mother so requests, the employer must not have her work overtime or on days off.
(3)If an expectant or postnatal mother so requests, the employer must not have her work at night.
(Childcare Time)
Article 67(1)A female worker raising a newborn baby less than one year old may request to have at least 30 minutes of time twice a day to care for that baby, in addition to the break times referred to in Article 34.
(2)An employer must not have a female worker work during the childcare time referred to in the preceding paragraph.
(Measures for Female Workers Who Find It Extremely Difficult to Work on Days of Their Menstrual Periods)
Article 68If a female worker who finds it to be extremely difficult to work on the day of her menstrual period requests leave, the employer must not have her work on that day of her menstrual period.
Chapter VII Training of Skilled Laborers
(Elimination of Harmful Practices in Apprenticeships)
Article 69(1)An employer must not exploit an apprentice, student, trainee, or other worker, regardless of their category, on the grounds that the person is seeking to acquire a skill.
(2)An employer must not employ a worker who is seeking to acquire a skill, in domestic work or other work unrelated to the acquisition of that skill.
(Special Provisions Regarding Vocational Training)
Article 70If it is necessary for a worker receiving vocational training which has received recognition provided for in Article 24, paragraph (1) of the Vocational Abilities Development Promotion Act (Act No. 64 of 1969) (including as applied mutatis mutandis pursuant to Article 27-2, paragraph (2) of that Act), the provisions of Article 14, paragraph (1) concerning the contract period, the provisions of Articles 62 concerning restrictions on dangerous and hazardous operations for minors, the provisions of Article 64-3 concerning restrictions on dangerous and hazardous operations for expectant and postnatal mothers and others, the provisions of Article 63 concerning the ban on underground work by minors, and the provisions of Article 64-2 concerning restrictions on underground work by expectant and postnatal mothers may be otherwise provided for by Order of the Ministry of Health, Labour and Welfare to the extent that this is necessary; provided, however, that regarding the ban on underground work by minors referred to in Article 63, this does not apply to persons under 16 years of age.
Article 71An Order of the Ministry of Health, Labour and Welfare issued pursuant to the provisions of the preceding Article does not apply to workers other than those employed by an employer who has obtained permission from the relevant government agency for the employment of workers, pursuant to that Order.
Article 72To apply the provisions of Article 39 to minors who are subject to the application of Order of the Ministry of Health, Labour and Welfare based on the provisions of Article 70, the phrase "10 working days" in Article 39, paragraph (1) is deemed to be replaced with "12 working days", and the phrase "10 working days" in the "6 years or more" column of the table in paragraph (2) of that Article is deemed to be replaced with "8 working days".
Article 73If an employer that has received permission under Article 71 violates an Order of the Ministry of Health, Labour and Welfare issued based on the provisions of Article 70, the relevant government agency may revoke that permission.
Article 74Deleted
Chapter VIII Accident Compensation
(Medical Compensation)
Article 75(1)If a worker sustains an injury or contracts an illness at work, the employer must furnish the necessary medical treatment at its expense, or must cover the expenses of any necessary medical treatment.
(2)Order of the Ministry of Health, Labour and Welfare prescribes the range of occupational illnesses and of medical treatment provided for in the provisions of the preceding paragraph.
(Compensation for Absence from Work)
Article 76(1)If a worker does not receive wages because the worker is unable to work due to medical treatment under the provisions of the preceding Article, the employer must pay compensation for that absence from work at the rate of 60 percent of the worker's average wage, while they are under treatment.
(2)If the per capita average monthly amount of ordinary wages in each of the periods of January through March, April through June, July through September, and October through December (any such period is referred to below as a "quarter") that would be paid to workers at the same workplace who are engaged in the same type of work as the worker receiving compensation for an absence from work pursuant to the preceding paragraph if they worked the prescribed working hours (or, for a workplace where less than 100 workers are ordinarily employed, that quarter's average monthly amount, per worker, for salaries paid on a monthly basis in the industry to which that workplace belongs, as provided in the Monthly Labor Survey compiled by the Ministry of Health, Labour and Welfare; whichever amount applies is referred to below as the average salary) exceeds 120 percent of the average salary during the quarter, that includes the day on which the worker in question sustained an injury or contracted an illness at work, or falls below 80 percent of that amount, the employer must revise the amount of compensation for absence from work which is payable to the worker in question pursuant to the preceding paragraph, in accordance with that rate of increase or decrease two quarters after the quarter in which the increase or decrease occurred; and the employer must provide the revised amount of compensation for absence from work from the first month of the quarter, that includes the day on which it makes that revision; the same applies to revisions to a previously revised amount of compensation for an absence from work.
(3)Order of the Ministry of Health, Labour and Welfare prescribes the means of making revisions when it is difficult to do so, pursuant to the provisions of the preceding paragraph, and provides for other necessary particulars regarding revisions under the provisions of that paragraph.
(Compensation for Disabilities)
Article 77If a worker has sustained an injury, or has contracted an illness at work, and has a physical disability after recovery, the employer must pay compensation for that disability in the amount obtained from the average wage multiplied by the number of days stated in Appended Table 2 according to the degree of that disability.
(Exceptions to Compensation for Absence from Work and to Compensation for Disabilities)
Article 78If a worker sustains an injury or contracts an illness at work due to gross negligence on their part, and the employer has had that negligence acknowledged by the relevant government agency, the employer is not obligated to pay compensation to that worker for any absence from work or any resulting disabilities.
(Compensation to the Bereaved Family)
Article 79If a worker has died at work, the employer must pay compensation to the bereaved family equivalent to 1,000 working days at the average wage.
(Funeral Expenses)
Article 80If a worker has died at work, the employer must pay an amount equivalent to 60 working days at the average wage, as funeral expenses to the person managing the funeral rites.
(Compensation for Discontinuation)
Article 81If a worker receiving compensation pursuant to the provisions of Article 75 fails to recover from an injury or illness within 3 years from the date of commencement of medical treatment, the employer may pay compensation for discontinuation of that medical compensation, equivalent to 1,200 working days at the average wage; thereafter, the employer does not need to pay compensation under the provisions of this Act.
(Payment of Compensation in Installments)
Article 82If an employer demonstrates the ability to pay and obtains the consent of the person entitled to compensation, in lieu of the compensation under Article 77 or Article 79, the employer may pay compensation every year for six years, in the amount arrived at when the average wage is multiplied by the number of days stated in Appended Table 3.
(Right to Receive Compensation)
Article 83(1)The right to receive compensation is unaltered by the worker's leaving employment.
(2)The right to receive compensation must not be transferred or seized.
(This Act's Relationship with Other Laws)
Article 84(1)If payments equivalent to accident compensation provided for in this Act are to be made under the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947) or under any other law or regulation designated by Order of the Ministry of Health, Labour and Welfare regarding grounds for accident compensation provided for in this Act, the employer is exempt from the liability for providing compensation under this Act.
(2)If an employer has provided compensation under this Act, it is exempt from liability for damages under the Civil Code based on the same grounds, up to the amount of that compensation.
(Administrative Review and Arbitration)
Article 85(1)A persons who objects to an acknowledgment regarding an injury, illness, or death at work; to the means of medical treatment; to the determination of the amount of compensation; or to anything concerning the implementation of that compensation, may file a petition with the relevant government agency for an administrative review or for case arbitration.
(2)If finding it necessary, the relevant government agency may undertake an administrative review, or arbitrate a case on its own authority.
(3)If a civil action has been filed regarding a case for which a person has filed a petition for administrative review or arbitration, pursuant to paragraph (1), or regarding a case for which the relevant government agency has commenced an administrative review or arbitration pursuant to the preceding paragraph, the relevant government agency does not conduct an administrative review or arbitration relating to that case
(4)If finding it necessary to do so for an administrative review or arbitration, the relevant government agency may have a physician make a diagnosis or perform an examination.
(5)As it relates to the renewal of the period of prescription, a petition for an administrative review or arbitration under paragraph (1) or the commencement of an administrative review or arbitration under paragraph (2) is deemed to be a demand for a juridical determination.
Article 86(1)A person who is dissatisfied with the results of an administrative review or arbitration under the provisions of the preceding Article may petition for an administrative review or arbitration by an industrial accident compensation insurance examiner.
(2)The provisions of paragraph (3) of the preceding Article apply mutatis mutandis when a person has filed a petition for an administrative review or arbitration pursuant to the provisions of the preceding paragraph.
(Exceptions for Work Contracts)
Article 87(1)If a business prescribed by Order of the Ministry of Health, Labour and Welfare is carried out based on multiple levels of work contracts, the main contractor is deemed to be the employer regarding accident compensation.
(2)In the case referred to in the preceding paragraph, if the main contractor has by a written contract had a subcontractor assume liability for compensation, that subcontractor also constitutes an employer; provided, however, that the main contractor must not have two or more subcontractors assume liability for compensation regarding the same business.
(3)In a case referred to in the preceding paragraph, if the main contractor has received a request for compensation, it may request that a demand for compensation first be made to the subcontractor that has assumed liability for compensation; provided, however, that this does not apply if the subcontractor has become subject to an order commencing bankruptcy procedures or is missing.
(Details of Compensation)
Article 88Order of the Ministry of Health, Labour and Welfare prescribes the details of compensation beyond what is provided for in this Chapter.
Chapter IX Rules of Employment
(Duty to Prepare and Submit Rules of Employment)
Article 89An employer that continuously employs 10 or more workers must prepare rules of employment covering the following particulars and must file those rules with the relevant government agency. The same applies if the employer has altered any of the following particulars:
(i)the particulars of the times at which work commences and ends, break times, days off, and leave periods; and the particulars of shifts, if it has workers work in two or more shifts;
(ii)the particulars of the means of determining, calculating, and paying wages (excluding special wages and other wages; the same applies below in this item); the end day of the pay period and payment date for wages; and wage increases;
(iii)the particulars of leaving employment (including grounds for dismissal);
(iii)-2if the rules of employment provide for a retirement allowance or severance pay, the particulars of the range of workers to whom those provisions apply; the means of determining, calculating, and paying that retirement allowance or severance pay; and the payment date for that retirement allowance or severance pay;
(iv)if the rules of employment provide for special wages and other wages (excluding retirement allowance or severance pay) or a minimum wage, the particulars of this;
(v)if the rules of employment include provisions that cause a worker to cover the cost of food, supplies for work, or any other expenses, the particulars of this;
(vi)if the rules of employment include provisions on safety and health, the particulars of these;
(vii)if the rules of employment include provisions on vocational training, the particulars of this;
(viii)if the rules of employment include provisions on accident compensation and support for non-work-related injury or illness, the particulars of these;
(ix)if the rules of employment provide for commendations or sanctions, the particulars concerning their types and level;
(x)if the rules of employment include provisions that are applicable to all workers at the workplace, beyond what is provided for in the preceding items, the particulars of them.
(Procedures for Preparing Rules of Employment)
Article 90(1)In preparing or altering the rules of employment, the employer must hear the opinions of the labor union that is organized by a majority of the workers at that workplace, if there is one, or of a person representing a majority of the workers at that workplace, if there is no such union.
(2)In filing the rules of employment pursuant to the provisions of the preceding Article, the employer must attach a document stating the opinion referred to in the preceding paragraph.
(Restrictions on Provisions for Sanctions)
Article 91If the rules of employment provide for a pay cut as a sanction against a worker, the pay cut amount must not exceed half of one day's average wage per occasion, and the total amount of pay cuts must not exceed one-tenth of the total wages for a single pay period.
(Relationship of the Rules of Employment to Laws and Regulations and to Collective Agreements)
Article 92(1)The rules of employment must not violate any laws and regulations or any collective agreement related to the workplace concerned.
(2)The relevant government agency may order the alteration of any rules of employment that conflict with laws and regulations or with a collective agreement.
(Relationship of the Rules of Employment to Labor Contracts)
Article 93The relationship between labor contracts and rules of employment is as provided in Article 12 of the Labor Contract Act (Act No. 128 of 2007).
Chapter X Communal Housing
(Autonomy of Life in Communal Housing)
Article 94(1)An employer must not infringe upon the freedom of the private life of a worker living in the communal housing associated with its business.
(2)An employer must not try to influence the selection of communal housing leaders, room monitors, and other leaders necessary for the autonomy of life in communal housing.
(Order in Communal Housing Life)
Article 95(1)An employer that has a worker live in communal housing associated with its business must prepare house rules regarding the following particulars, and must notify the relevant government agency of those rules. The same applies when the employer alters these rules:
(i)particulars related to getting up, going to bed, going out, and staying out overnight;
(ii)particulars related to regular events;
(iii)particulars related to meals;
(iv)particulars related to safety and health;
(v)particulars related to the management of buildings and facilities.
(2)In preparing or altering provisions concerning the particulars referred to in items (i) through (iv) of the preceding paragraph, an employer must obtain the consent of a person representing a majority of workers living in communal housing.
(3)In notifying the house rules pursuant to the provisions of paragraph (1), the employer must attach a document proving the consent referred to in the preceding paragraph.
(4)The employer and the workers who live in the communal housing must observe the house rules.
(Communal Housing Facilities and Safety and Health)
Article 96(1)Regarding communal housing associated with a business, the employer must take the necessary measures for ventilation, lighting, illumination, heating, damp-proofing, cleanliness, evacuation, maximum accommodation, and sleeping facilities, and other measures necessary to maintain the health, morals and lives of the workers.
(2)Order of the Ministry of Health, Labour and Welfare prescribes the standards for measures to be taken by an employer, pursuant to the preceding paragraph.
(Administrative Measures for Supervision)
Article 96-2(1)If an employer seeks to establish, move, or alter communal housing associated with a business that continuously employs 10 or more workers or communal housing associated with a business that is dangerous or hazardous to one's health and that Order of the Ministry of Health, Labour and Welfare prescribes, the employer must file with the relevant government agency plans that it has established in accordance with the standards for danger and hazard prevention, and related actions that are prescribed by the Order of the Ministry of Health, Labour and Welfare issued pursuant to the provisions of the preceding Article, no later than 14 days before the start of the construction work for that communal housing.
(2)If finding it necessary for the safety and health of the workers, the relevant government agency may suspend the start of construction work or order plans to be altered.
Article 96-3(1)If communal housing associated with a business employing a worker is in violation of the standards established for safety and health, the relevant government agency may order the employer to suspend the use of all or part of the communal housing or to alter all or part of the communal housing, and may issue orders on other necessary matters to the employer.
(2)In the case referred to in the preceding paragraph, the relevant government agency may order the workers to do as necessary in connection with the particulars for which it has issued orders to the employer.
Chapter XI Inspection Bodies
(Staff Members of Inspection Bodies)
Article 97(1)Labor standards inspectors and other necessary staff members prescribed by Order of the Ministry of Health, Labour and Welfare may be appointed in the Labor Standards Management Bureau (meaning the department established within the Ministry of Health, Labour and Welfare, with administrative responsibility for affairs involving labor conditions and the protection of workers; the same applies below), prefectural labor bureaus, and labor standards inspection offices.
(2)The Director-General of the Labor Standards Management Bureau (referred to below as the "Director-General of the Labor Standards Management Bureau"), the directors of prefectural labor bureaus, and the directors of labor standards inspection offices, are appointed from among labor standards inspectors.
(3)Cabinet Order prescribes particulars relating to the qualifications and appointment and dismissal of labor standards inspectors.
(4)A Labor Standards Inspector Dismissal Council may be established in the Ministry of Health, Labour and Welfare, pursuant to Cabinet Order.
(5)The consent of the Labor Standards Inspector Dismissal Council is required for the dismissal of a labor standards inspector.
(6)Beyond what is provided for in the preceding two paragraphs, Cabinet Order prescribes the necessary particulars relating to the structure and operation of the Labor Standards Inspector Dismissal Council.
Article 98Deleted
(Authority of the Director-General of the Labor Standards Management Bureau)
Article 99(1)The Director-General of the Labor Standards Management Bureau, under the direction and supervision of the Minister of Health, Labour and Welfare, directs and supervises the directors of the prefectural labor bureaus administers particulars connected with the establishment, amendment, or repeal of laws and regulations concerning labor standards, particulars connected with the appointment, dismissal, and training of labor standards inspectors, particulars connected with the establishment and adjustment of regulations concerning inspection methods, particulars of the preparation of an annual report on inspections, particulars connected with the Labor Policy Council and Labor Standards Inspector Dismissal Council (limited to the particulars connected with the Labor Policy Council relating to working conditions and the protection of workers), and other particulars regarding the enforcement of this Act; and directs and supervises staff members under their jurisdiction.
(2)The directors of the prefectural labor bureaus, under the direction and supervision of the Director-General of the Labor Standards Management Bureau, direct and supervise the directors of the labor standards inspection offices within their jurisdiction; administer the particulars of the adjustment of inspection methods and other particulars connected with the enforcement of this Act; and direct and supervise staff members under their jurisdiction.
(3)The directors of the labor standards inspection offices, under the direction and supervision of the director of the prefectural labor bureaus; administer inspections, examinations, approvals, acknowledgments, investigations, arbitration, and other particulars regarding the enforcement of this Act; and direct and supervise staff members under their jurisdiction.
(4)The Director-General of the Labor Standards Management Bureau and the directors of prefectural labor bureaus, may themselves exercise the powers of subordinate government agencies, or may have labor standards inspectors under their jurisdiction exercise those powers.
(Authority of the Director-General of the Women's Management Bureau)
Article 100(1)The Director-General of the Ministry of Health, Labour and Welfare's Women's Management Bureau (meaning the director of an internal bureau established within the ministry that is responsible for affairs regarding labor issues associated with the unique characteristics of female workers; the same applies below), under the direction and supervision of the Minister of Health, Labour and Welfare, administers particulars relating to the establishment, amendment, repeal and interpretation of special provisions in this Act relating to women, and advises the Director-General of the Labor Standards Management Bureau, and the directors of the government agencies subordinate to that Bureau, and assists in the direction and supervision of those subordinate government agencies by the Director-General of the Labor Standards Management Bureau, in connection with particulars concerning the enforcement of those provisions.
(2)The Director-General of the Women's Management Bureau may view documents related to inspections and other things that the Labor Standards Management Bureau, the government agencies subordinate to that Bureau, or officials of those agencies have undertaken, in particulars relating to women, by themselves; or may have the Women's Management Bureau's officials designated by the Director-General view those documents.
(3)The provisions of Articles 101 and 105 apply mutatis mutandis to investigations that the Director-General of the Women's Management Bureau or the designated officials under their jurisdiction, carry out in connection with the enforcement of special provisions of this Act relating to women.
(Authority of Labor Standards Inspectors)
Article 101(1)Labor standards inspectors may inspect workplaces, communal housing, and other associated buildings; demand the submission of books and records; and question employers and workers.
(2)In the case referred to in the preceding paragraph, a labor standards inspector must carry identification on them.
Article 102Labor standards inspectors carry out the duties of judicial police officers provided for in the Code of Criminal Procedure, regarding criminal violations of this Act.
Article 103If communal housing associated with a business that employs workers is in violation of the standards that have been established for safety and health, and there is an imminent danger to workers, a labor standards inspector may immediately exercise the powers of the relevant government agency under the provisions of Article 96-3.
(Filing Reports with Inspection Bodies)
Article 104(1)If there is any violation of this Act or any Order issued pursuant to this Act at a workplace, a worker may report the fact to the relevant government agency, or to a labor standards inspector.
(2)An employer must not dismiss a worker or treat a worker disadvantageously, due to the worker having filed a report referred to in the preceding paragraph.
(Reports)
Article 104-2(1)If finding it necessary for enforcing this Act, a relevant government agency may have an employer or a worker file a report on the necessary particulars or may order an employer or a worker to appear before the agency, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
(2)If finding it necessary for enforcing this Act, the inspector may have an employer or a worker report the necessary particulars or order an employer or a worker to appear before the inspector.
(Duties of Labor Standards Inspectors)
Article 105A labor standards inspector must not reveal confidential information learned in the course of duty. The same applies even after a labor standards inspector has left their position.
Chapter XII Miscellaneous Provisions
(The State's Duty to Provide Assistance)
Article 105-2The Minister of Health, Labour and Welfare and the directors of the prefectural labor bureaus must provide workers and employers with materials and other necessary assistance to achieve the purpose of this Act.
(Duty to Make Laws and Regulations Known)
Article 106(1)An employer must make known to workers the gist of this Act and any Order issued based on this Act, the rules of employment, any agreement provided for in Article 18, paragraph (2), the proviso to Article 24, paragraph (1), Article 32-2, paragraph (1), Article 32-3, paragraph (1), Article 32-4, paragraph (1), Article 32-5, paragraph (1), the proviso to Article 34, paragraph (2), Article 36, paragraph (1), Article 37, paragraph (3), Article 38-2, paragraph (2), Article 38-3, paragraph (1), Article 39, paragraphs (4) and (6), and the proviso to Article 39, paragraph (9), and any resolution as provided for in Article 38-4, paragraph (1), Article 38-4, paragraph (5) (including as applied mutatis mutandis pursuant to Article 41-2, paragraph (3)), and Article 41-2, paragraph (1), by posting or keeping them in a easily visible location or locations at the workplace at all times, by distributing written copies, or by any other means prescribed by Order of the Ministry of Health, Labour and Welfare.
(2)An employer must make known to workers living in communal housing the provisions of this Act and any Order issued pursuant to this Act, relating to communal housing and house rules, by posting or keeping them in a easily visible location or locations in that communal housing, or by other such means.
(Roster of Workers)
Article 107(1)An employer must prepare a roster of workers for each workplace and enter their names, dates of birth, personal history, and other particulars prescribed by Order of the Ministry of Health, Labour and Welfare in the roster for each worker (excluding workers hired on a daily basis).
(2)If a particular that is required to be entered in a roster pursuant to the provisions of the preceding paragraph is altered, the employer must correct it without delay.
(Wage Ledger)
Article 108An employer must prepare a wage ledger for each workplace and must enter the information upon which wage calculations are based, the amount of wages, and other particulars prescribed by Order of the Ministry of Health, Labour and Welfare without delay, each time wages are paid.
(Maintaining Records)
Article 109An employer must maintain the rosters of workers, wage ledgers, and important documents concerning hiring, dismissal, accident compensation, wages, and other particulars regarding labor relations for a period of five years.
Article 110Deleted
(Free Certification)
Article 111A worker or a person seeking to become a worker may request a certificate of their family register free of charge from the person responsible for family registers or their deputy. The same applies if an employer requests a certificate of the family register of a worker, and a person seeking to become a worker.
(Application to the State and Public Organizations)
Article 112This Act and orders issued based on this Act are to apply to the State, prefectures, municipalities, and other equivalent bodies.
(Establishment of an Order)
Article 113Any order issued based on this Act is established after hearing the opinions of worker representatives, employer representatives, and representatives of the public interest, regarding the draft of the order at a public hearing.
(Payment of Additional Monies)
Article 114At the request of a worker, the court may order an employer who has violated the provisions of Articles 20, 26 or 37, or an employer who has not paid wages under the provisions of Article 39, paragraph (9), to pay, in addition to the unpaid portion of the amount that the employer was required to pay pursuant to those provisions, additional monies in the same amount; provided, however, that this request must be made within five years from the date of the violation.
(Prescription)
Article 115Any claims for wages under the provisions of this Act are extinguished by prescription if not made within five years from the time when they may be exercised; and claims for accident compensation and other claims (excluding claims for wages) under the provisions of this Act are extinguished by prescription, if not made within two years from the time when they may be exercised.
(Transitional Measures)
Article 115-2When an order is established, amended, or repealed based on the provisions of this Act, the necessary transitional measures (including transitional measures on penal provisions) may be prescribed by that order to the extent considered reasonably necessary for its establishment, amendment, or repeal.
(Exclusion from Application)
Article 116(1)With the exception of the provisions of Articles 1 through 11, paragraph (2) below, Articles 117 through 119, and Article 121, this Act does not apply to the mariners provided for in Article 1, paragraph (1) of the Mariners Law (Act No. 100 of 1947).
(2)This Act does not apply to a business that employs only cohabiting relatives, nor to domestic workers.
Chapter XIII Penal Provisions
Article 117A person who violates the provisions of Article 5 is subject to imprisonment for not less than one year and not more than 10 years, or to a fine of not less than 200,000 yen, and not more than 3,000,000 yen.
Article 118(1)A person who violates the provisions of Article 6, Article 56, Article 63, or Article 64-2 is subject to imprisonment for not more than one year, or to a fine of not more than 500,000 yen.
(2)A person who violates an Order of the Ministry of Health, Labour and Welfare issued based on the provisions of Article 70 (limited to those parts of that Order relating to Article 63 or Article 64-2) is also governed by the preceding paragraph.
Article 119A person falling under one of the following items is subject to imprisonment for not more than 6 months, or to a fine of not more than 300,000 yen:
(i)a person who violates the provisions of Article 3, Article 4, Article 7, Article 16, Article 17, Article 18, paragraph (1), Article 19, Article 20, Article 22, paragraph (4), Article 32, Article 34, Article 35, Article 36, paragraph (6), Article 37, Article 39 (excluding paragraph (7)), Article 61, Article 62, Articles 64-3 through 67, Article 72, Articles 75 through 77, Article 79, Article 80, Article 94, paragraph (2), Article 96, or Article 104, paragraph (2);
(ii)a person who violates an Order under the provisions of Article 33, paragraph (2), Article 96-2, paragraph (2), or Article 96-3, paragraph (1);
(iii)a person who violates an Order of the Minister of Health, Labour and Welfare issued based on the provisions of Article 40;
(iv)a person who violates an Order of the Ministry of Health, Labour and Welfare issued based on the provisions of Article 70 (limited to those parts of that Order relating to the provisions of Article 62 or Article 64-3).
Article 120A person falling under one of the following items is subject to a fine of not more than 300,000 yen:
(i)a person who violates the provisions of Article 14, Article 15, paragraph (1) or (3), Article 18, paragraph (7), Article 22, paragraphs (1) through (3), Articles 23 through 27, Article 32-2, paragraph (2) (including as applied mutatis mutandis pursuant to Article 32-3, paragraph (4), Article 32-4, paragraph (4) and Article 32-5, paragraph (3)), Article 32-5, paragraph (2), the proviso to Article 33, paragraph (1), Article 38-2, paragraph (3) (including as applied mutatis mutandis pursuant to Article 38-3, paragraph (2)), Article 39, paragraph (7), Articles 57 through 59, Article 64, Article 68, Article 89, Article 90, paragraph (1), Article 91, Article 95, paragraph (1) or (2), Article 96-2, paragraph (1), Article 105 (including as applied mutatis mutandis pursuant to Article 100, paragraph (3)), or Articles 106 through 109;
(ii)a person who violates an Order of the Ministry of Health, Labour and Welfare issued based on the provisions of Article 70 (limited to the parts of that Order relating to the provisions of Article 14);
(iii)a person who violates an Order under the provisions of Article 92, paragraph (2), or Article 96-3, paragraph (2);
(iv)a person who has refused, obstructed, or evaded an inspection by a labor standards inspector or by the Director-General of the Women's Management Bureau or an official of that Bureau designated by the Director-General under the provisions of Article 101 (including as applied mutatis mutandis pursuant to Article 100, paragraph (3)); has not made statements or has made false statements in response to their questioning; has not submitted books and records to them; or has submitted books and records containing false entries;
(v)a person who has failed to give a report, has given a false report, or has failed to appear under the provisions of Article 104-2.
Article 121(1)If a person who violates this Act is an agent, employee, or other staff member who was acting on behalf of the person in control of the business in connection with a matter concerning a worker at that business, the person in control of the business is also subject to the fine referred to in the relevant Article; provided, however, that this does not apply if the person in control of the business has taken the necessary measures to prevent that violation (if the person in control of the business is a corporation, their representative is deemed to be the person in control of the business; and if the person in control of the business is a minor or an adult ward without the same legal capacity to act as an adult in connection with that business, their statutory representative is deemed to be the person in control of the business (if the statutory representative is a corporation, their representative); the same applies below in this Article).
(2)If the person in control of the business learns of a planned violation but does not take any necessary measures to prevent it, knows of a violation but does not take any necessary measures to rectify it, or instigates that violation, the person in control of the business is also punished as a violator.
Supplementary Provisions [Extract]
Article 122The effective date of this Act is specified by Imperial Order.
Article 123The Factory Act, Act on the Minimum Age of Industrial Workers, Workers' Compensation Act, Shop Act, Act on the Prohibition of Manufacturing Yellow Phosphorus Matches, and Act No. 87 of 1939 are repealed.
Article 129Accident compensation for a worker's injury, illness, or death at work, occurring before the enforcement of this Act, continues to be governed by the provisions of the former Act concerning support.
Article 131(1)To apply the provisions of Article 32, paragraph (1) (excluding the cases as applied by replacing terms pursuant to Article 60, paragraph (2)) to businesses not larger than the scale specified by an order or businesses of the categories specified by an order, the term "40 hours" in Article 32, paragraph (1) is deemed to be replaced with "hours specified by an order within the range exceeding 40 hours but not more than 44 hours" until March 31, 1997.
(2)The order referred to in Article 32, paragraph (1), as applied by replacing terms pursuant to the provisions of the preceding paragraph, is established taking into consideration workers' welfare, trends in working hours, and other circumstances.
(3)If an order referred to in Article 32, paragraph (1), as applied by replacing terms pursuant to the provisions of paragraph (1), is established or amended, transitional measures (including transitional measures for penal provisions) to the effect that the rules before the establishment or amendment of the order continue to govern businesses not larger than a certain scale, or businesses of a certain category, only for a certain period, may be prescribed by that order.
(4)The Minister of Labor must hear the opinions of the Central Labor Standards Council, before planning the establishment or amendment of the order referred to in Article 32, paragraph (1), as applied by replacing terms pursuant to the provisions of paragraph (1).
Article 132(1)To apply the provisions of Article 32-4, paragraph (1) to a business prescribed in paragraph (1) of the preceding Article while the provisions of that paragraph apply, the wording in the parts of paragraph (1) of Article 32-4 other than the items is deemed to be replaced with "Notwithstanding the provisions of Article 32, if the employer has established the following matters and the average working hours per week for the period determined as the applicable period referred to in item (ii) are within 40 hours (or within the number of hours specified by an order within the range exceeding 40 hours but not more than 42 hours for businesses not larger than the scale specified by an order) and premium wages are to be paid for the hours worked (excluding hours subject to the provisions of Article 37, paragraph (1)) in excess of the working hours in accordance with the provisions of that Article, pursuant to a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, the employer may have a worker work in excess of the working hours referred to in Article 32, paragraph (1) in a specified week or weeks, and have a worker work in excess of the working hours referred to in paragraph (2) of that Article on a specified day or days in accordance with that written agreement (including what has been prescribed under the provisions of the following paragraph, if applicable), within a range that does not cause the weekly average working hours for the period established in that agreement as the applicable period referred to in item (ii) to exceed the working hours stated in paragraph (1) of that Article. In this case, if the employer has a worker work in excess of 40 hours (or hours specified by the order referred to in the first sentence for businesses not larger than the scale specified by the order referred to in the first sentence) as the average working hours per week for the above period, the employer must pay the worker premium wages for the overtime hours worked (excluding hours subject to the provisions of Article 37, paragraph (1)) in accordance with the provisions of Article 37.", and the wording "40 hours" in item (ii) of that paragraph is deemed to be replaced with "the working hours referred to in Article 32, paragraph (1)".
(2)To apply the provisions of Article 32-5, paragraph (1) to a business provided for in paragraph (1) of the preceding Article while the provisions of that paragraph apply, in Article 32-5, paragraph (1), the phrase "if there is a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace" is deemed to be replaced with " if the employer has established that the working hours per week are within 40 hours (or hours specified by an order within the range exceeding 40 hours but not more than 42 hours for businesses not larger than the scale specified by an order) and premium wages are paid for hours worked (excluding hours subject to the provisions of paragraph (1) of Article 37) in excess of those working hours in accordance with the provisions of that Article, in a written agreement with the labor union that is organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union", and the phrase "per day if that worker is employed in a business prescribed by Order of the Ministry of Health, Labour and Welfare in which there is frequently substantial fluctuation in daily business, in which, since this is anticipated, it is found to be difficult to fix daily working hours through rules of employment or their equivalent, and in which the number of regular employees is below the number prescribed by Order of the Ministry of the Health, Labour and Welfare" is deemed to be replaced with "per day within the working hours referred to in paragraph (1) of that Article per week if that worker is employed in a business prescribed by Order of the Ministry of Health, Labour and Welfare in which there is frequently substantial fluctuation in daily business, in which, since this is anticipated, it is found to be difficult to fix daily working hours through rules of employment or their equivalent, and in which the number of regular employees is below the number prescribed by Order of the Ministry of the Health, Labour and Welfare, I this case, if the employer has a worker work in excess of 40 hours (or hours specified by an order referred to in the first sentence for businesses not larger than the scale specified by an order referred to in the first sentence) per week, the employer must pay the worker premium wages for the overtime hours worked (excluding hours subject to the provisions of Article 37, paragraph (1)) in accordance with the provisions of Article 37".
(3)The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the orders referred to in Article 32-4, paragraph (1) and Article 32-5, paragraph (1) (limited to the part subject to replacement pursuant to the provisions of paragraph (2)), as applied by replacing the terms pursuant to the provisions of the preceding two paragraphs.
Article 133Taking into consideration that the provisions of Article 64-2, paragraph (1) and paragraph (2) before amendment under Article 4 of the Act on Arrangement of Related Acts to the Ministry of Labour for Securing Equal Opportunity, Treatment between Men and Women in Employment (Act No. 92 of 1997) ceased to apply on April 1, 1999 to women 18 years of age or over who did not fall under the category of persons provided by the order prescribed in Article 64-2, paragraph (4) before that amendment, and also taking into consideration that the impact which significant changes in the vocational life of the women in question, who constitute workers taking care of their children or other family members (limited to women prescribed by Order of the Ministry of Health, Labour and Welfare; referred to as "specified workers " below in this Article) will bring on their family life, when the Minister of Health, Labour and Welfare establishes the standards referred to in Article 36, paragraph (2) of this Act, the Minister is to establish the standards for the specified workers (limited to those who notify their employers of their intention to shorten their overtime work) separately from the standards for those other than specified workers, regarding the limits on the extension of working hours provided for in the agreement in Article 36, paragraph (1) of this Act, and establish them so that the working hour extension limit is shorter than that of the standards for those other than specified workers, for the period prescribed by Order of the Ministry of Health, Labour and Welfare. In this case, the standard regarding the limit on the extension of working hours per year must be established in order to not exceed 150 hours.
Article 134To apply the provisions of Article 39 to a business that continuously employs 300 workers or less, the term "10 working days" in paragraph (1) of that Article is deemed to be replaced with "six working days" until March 31, 1991, and the term "10 working days" in that paragraph is deemed to be replaced with "eight working days" from April 1, 1991 until March 31, 1994.
Article 135(1)To apply the provisions of Article 39 to a worker whom an employer has continuously employed for four to eight years after the six-months elapsed date, if the day following that on which the worker reaches one of those years of continuous employment falls during the period from April 1, 1999 to March 31, 2000, for each category of the number of years of continuous employment from the six-month elapsed date listed in the left-hand column of the following table, the phrase in the table referred to in Article 39, paragraph (2) that is listed in the middle column of the following table is deemed to be replaced with the phrase listed in the right-hand column of the following table until March 31, 2000.
Four years
|
Six working days
|
Five working days
|
Five years
|
Eight working days
|
Six working days
|
Six years
|
Ten working days
|
Seven working days
|
Seven years
|
Ten working days
|
Eight working days
|
Eight years
|
Ten working days
|
Nine working days
|
(2)To apply the provisions of Article 39 to a worker whom an employer has continuously employed for five to seven years after the six-months elapsed date, if the day following that on which the worker reaches one of those years of continuous employment falls during the period from April 1, 2000 to March 31, 2001, for each category of the number of years of continuous employment from the six-months elapsed date stated in the left-hand column of the following table, the phrase in the table referred to in paragraph (2) of Article 39 that is listed in the middle column of the following table is deemed to be replaced with the phrase listed in the right-hand column of the following table during the period from April 1, 2000 to March 31, 2001.
Five years
|
Eight working days
|
Seven working days
|
Six years
|
Ten working days
|
Eight working days
|
Seven years
|
Ten working days
|
Nine working days
|
(3)The provisions of the preceding two paragraphs do not apply to the minors provided for in Article 72.
Article 136An employer must not reduce the wages of a worker who has taken paid leave under the provisions of Article 39, paragraphs (1) through (4) , or treat that worker in any other disadvantageous manner.
Article 137Notwithstanding the provisions of Article 628 of the Civil Code, until the measures provided for in Article 3 of the Supplementary Provisions of the Act Partially Amending the Labor Standards Act (Act No. 104 of 2003) are taken, beginning on the day that falls one year after the first day of the term of the labor contract, a worker who has entered into a fixed-term labor contract (limited to one with a term of over one year; excluding contracts in which it is provided that the contract period is the period necessary for the completion of a specific undertaking business) (excluding a worker provided for in the items of Article 14, paragraph (1)), may resign at any time by giving notice of this intention to the employer.
Article 138Deleted
Article 139(1)To apply the provisions of Article 36 to a business for constructing structures (limited to projects for recovery and reconstruction after a disaster) and other related business prescribed by Order of the Ministry of Health, Labour and Welfare, the phrase "the number of hours by which the employer may extend the working hours it has a worker work per month, and the number of hours it may have a worker work on days off per month (limited in range to less than 100 hours including the hours prescribed in the agreement in connection with paragraph (2), item (iv))" and "that item" in Article 36, paragraph (5) are deemed to be respectively replaced with "the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on days off per month" and "paragraph (2), item (iv)"; and the provisions of Article 36, paragraph (6) (limited to the parts concerning items (ii) and (iii)) do not apply, until otherwise provided for by law.
(2)Notwithstanding the provisions of the preceding paragraph, regarding a business which constructs structures or any other business prescribed by Order of the Ministry of Health, Labour and Welfare as being related to that business, the phrase "month, and" in Article 36, paragraph (2), item (iv) is deemed to be replaced with "period as prescribed by the employer and the labor union or a person representing a majority of the workers in the agreement referred to in the preceding paragraph, of more than one day but not more than three months, and", and the provisions of Article 36, paragraphs (iii) through (v) and paragraph (vi) (limited to the parts concerning items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement referred to in Article 36, paragraph (1) establishes a period that includes the previously mentioned date and the date immediately following it, until one year has passed from the start date of that period).
Article 140(1)To apply the provisions of Article 36 to the services of vehicle transportation businesses serving general passengers (meaning vehicle transportation businesses serving general passengers as defined in Article 3, item (i), (c) of the Road Transportation Act (Act No. 183 of 1951)), the services of motor truck transportation businesses (the motor truck transportation business as defined in Article 2, paragraph (1) of the Motor Truck Transportation Business Act (Act No. 83 of 1989)), and other services that involve vehicle operation prescribed by Order of the Ministry of Health, Labour and Welfare, the phrase "(limited in range to less than 100 hours including the hours prescribed in the agreement in connection with paragraph (2), item (iv)), as well as the number of hours by which the employer may extend the working hours it has a worker work per year (limited in range to less than 720 hours, including the hours prescribed in the agreement in connection with that item).If it needs to temporarily have a worker work more than the maximum amount of overtime referred to in paragraph (3) due to an ordinarily unforeseeable, significant increase in the volume of work at the workplace. In this case, the agreement referred to in paragraph (1) must also prescribe the number of months (up to six months per year) in the applicable period referred to in paragraph (2), item (ii) during which the number of hours by which the employer extends the working hours it has a worker work, may exceed 45 hours per month (or 42 hours per month, if the employer has a worker work pursuant to the provisions of Article 32-4, after setting a period exceeding three months as the applicable period referred to in Article 32-4, paragraph (1), item (ii))" in Article 36, paragraph (5) is deemed to be replaced with "and the number of hours by which the employer may extend the working hours it has a worker work per year (limited in range to less than 960 hours including the hours prescribed in the agreement concerning paragraph (2), item (iv))", and the provisions of Article 36, paragraph (6) (limited to the parts concerning items (ii) and (iii)) do not apply, until otherwise provided for by law.
(2)Notwithstanding the provisions of the preceding paragraph, concerning services provided for in the preceding paragraph, the phrase "month, and" in Article 36, paragraph (2), item (iv) is deemed to be replaced with "period established by the employer and the labor union or a person representing a majority of the workers in the agreement as stated in the preceding paragraph, of more than one day but not more than three months, and", and the provisions of Article 36, paragraphs (iii) through (v) and paragraph (vi) (limited to the parts concerning items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement as stated in Article 36, paragraph (1) establishes a period that includes the previously mentioned date and the date immediately following it, until one year has passed from the start date of that period).
Article 141(1)To apply the provisions of Article 36 to medical practitioners practicing medicine (limited to the medical practitioners that are necessary for ensuring the medical care delivery system prescribed by Order of the Ministry of Health, Labour and Welfare), the phrase "the number of hours by which the employer may extend the working hours it has a worker work per day, month, and year during the applicable period" in Article 36, paragraph (2), item (iv) is deemed to be replaced with "the number of hours by which the employer may extend the working hours it has a worker work during the applicable period" and the phrase "the overtime maximum" in Article 36, paragraph (3) is deemed to be replaced with "the overtime maximum and the hours that are prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of the workers", and the provisions of Article 36, paragraphs (5) and (6) (limited to the portions concerning items (ii) and (iii)) do not apply, until otherwise provided for by law.
(2)In the case referred to in the preceding paragraph, the agreement referred to in Article 36, paragraph (1) may establish the number of hours by which the employer may extend the working hours it has a worker work in excess of the hours established in the agreement concerning Article 36, paragraph (2), item (iv) (including the number of hours established in the agreement concerning Article 36, paragraph (2), item (iv), and limited in range to less than the number of hours and the number of months prescribed in Article 36, paragraph (5) and the number of hours prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of the workers) if the employer needs to temporarily have a worker work more than the hours prescribed by Order of the Ministry of Health, Labour and Welfare referred to in Article 36, paragraph (3) as applied by replacing terms pursuant to the provisions of the preceding paragraph due to an ordinarily unforeseeable, significant increase in the volume of work at the workplace, as well as any other particulars prescribed by Order of the Ministry of Health, Labour and Welfare, in addition to the items of paragraph (2) of Article 36.
(3)In the case as referred to in paragraph (1), even if the employer extends the working hours it has a worker work, or has a worker work on a day off, pursuant to the agreement prescribed in Article 36, paragraph (1), it must not have that worker work in excess of the hours prescribed by Order of the Ministry of Health, Labour and Welfare, in consideration of the requirements provided for in Article 36, paragraph (6) and workers' health and welfare.
(4)Notwithstanding the provisions of the preceding three paragraphs, as concerning a medical practitioner engaged in medical practice, "month, and" in Article 36, paragraph (2), item (iv) is deemed to be replaced with "period prescribed by the employer and the labor union or a person representing a majority of the workers, in the agreement referred to in the preceding paragraph, of more than one day but not more than three months, and", and the provisions of Article 36, paragraphs (iii) through (v) and paragraph (vi) (limited to the parts concerning items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement referred to in Article 36, paragraph (1) establishes a period that includes the previously mentioned date, and the date immediately following it, until one year has passed from the start date of that period).
(5)A person who violates the provisions of paragraph (3) is subject to imprisonment of not more than 6 months, or to a fine of not more than 300,000 yen.
Article 142To apply the provisions of Article 36 to sugar manufacturing businesses in Kagoshima Prefecture and Okinawa Prefecture, the phrase "the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on their days off per month (limited in range to less than 100 hours including the hours prescribed in the agreement in connection with paragraph (2), item (iv))" and "that item" in Article 36, paragraph (5) are deemed to be respectively replaced with "the number of hours by which the employer may extend the working hours it has a worker work per month, and the number of hours it may have a worker work on their days off per month" and "paragraph (2), item (iv)", and the provisions of Article 36, paragraph (6) (limited to the parts concerning items (ii) and (iii)) do not apply, until March 31, 2024 (or, if an agreement referred to in Article 36, paragraph (1) establishes a period that includes the previously mentioned date and the date immediately following it, until one year has passed from the start date of that period).
Article 143(1)To apply the provisions of Article 109, the term "five years" in that Article is deemed to be replaced with "three years", until otherwise provided for by law.
(2)To apply the provisions of Article 114, the term "five years" in the proviso to that Article is deemed to be replaced with "three years", until otherwise provided for by law.
(3)To apply the provisions of Article 115, the phrase "Any claims for wages under the provisions of this Act are extinguished by prescription if not made within five years from the time when they may be exercised" in that Article is deemed to be replaced with "Any claims for retirement allowances or severance pay under the provisions of this Act are extinguished by prescription if not made within five years from the time when they may be exercised; and claims for wages (excluding retirement allowances or severance pay) under the provisions of this Act are extinguished by prescription if not made within three years from the time when they may be exercised", until otherwise provided for by law.
Appended Table 1
(i)a business that manufactures, converts, processes, repairs, washes, sorts, packs, decorates, finishes, tailors for sale, destroys, or dismantles objects, or alters materials (including a business that generates, alters, or transmits electricity, gas, or other types of power, and a water supply business)
(ii)a mining, quarrying, or other soil- or mineral-collection business
(iii)a civil engineering business, or a business that builds or otherwise constructs, remodels, preserves, repairs, alters, destroys, or dismantles structures, or prepares for that purpose
(iv)a business that transports passengers or freight by road, railway, tram, cableway, ship, or aircraft
(v)a business that handles freight at, on, or in docks, ships, quays, wharfs, stations, or warehouses
(vi)a business that cultivates or reclaims land, or plants, grows, harvests, or cuts down plants, or any other agricultural or forestry business
(vii)a business that breeds animals, or harvests or cultivates aquatic animals or plants, or any other such livestock, sericulture, or fishery business
(viii)a business that sells, supplies, retains, or leases goods, or a business involving hairdressing
(ix)a financial, insurance, intermediation, brokering, money-collecting, guiding, or advertising business
(x)a film production or projection business, a business involved in theatrical productions, or any other business involving entertainment
(xi)a mail, correspondence delivery, or telecommunications business
(xii)a business involving education, research, or surveys
(xiii)a business that treats or nurses sick or infirm people, or any other business involving health and hygiene
(xiv)a hotel or restaurant business, a business involving an eating and drinking establishment, a business in the service industry, or a business involving an amusement center
(xv)an incineration, cleaning, or slaughterhouse business
Appended Table 2 Table of Physical Disability Grades and Accident Compensation
Grade
|
Accident compensation
|
Grade 1
|
1,340 days
|
Grade 2
|
1,190 days
|
Grade 3
|
1,050 days
|
Grade 4
|
920 days
|
Grade 5
|
790 days
|
Grade 6
|
670 days
|
Grade 7
|
560 days
|
Grade 8
|
450 days
|
Grade 9
|
350 days
|
Grade 10
|
270 days
|
Grade 11
|
200 days
|
Grade 12
|
140 days
|
Grade 13
|
90 days
|
Grade 14
|
50 days
|
Appended Table 3 Table of Payment of Compensation Installments
Category
|
Grade
|
Accident compensation
|
Compensation for disabilities
|
Grade 1
|
240 days
|
Grade 2
|
213 days
|
|
Grade 3
|
188 days
|
|
Grade 4
|
164 days
|
|
Grade 5
|
142 days
|
|
Grade 6
|
120 days
|
|
Grade 7
|
100 days
|
|
Grade 8
|
80 days
|
|
Grade 9
|
63 days
|
|
Grade 10
|
48 days
|
|
Grade 11
|
36 days
|
|
Grade 12
|
25 days
|
|
Grade 13
|
16 days
|
|
Grade 14
|
9 days
|
|
Compensation for bereaved families
|
180 days
|