3 The labour standard laws, etc. in Japan you need to be aware of.
Foreign nationals working in Japan are covered by the Labour Standards Law and other related laws. These laws prescribe the following provisions by which the employers are required to obey (excerption).
(1)Prohibition against discrimination of people based on their nationality
It is prohibited that an employer discriminates workers in terms of wage, working hours, and other working conditions because of their nationality, religion, or social status. (Article 3 of the Labour Standards Law).
(2)Clear indication of working conditions
In concluding a labour contract, the employer must clearly indicate wages, working hours, and other working conditions to the worker concerned. With regards to the major issues such as wages and working hours, and other matters that are subject to the specific instructions of the employer, it is necessary for the employer to issue a document (Notice of Employment, etc. (see Appendixes) clearly indicating such conditions. (Article 15 of the Labour Standards Law).
(3)Prohibition of forced labour, intermediary exploitation.
The employer must not force labour upon workers by acts of violence or intimidation against the latter's will. Unless authorized under the law, he must not make a profit by intervening as a business in the employment of others. (Article 5 and 6 of the Labour Standards Law).
(4)Prohibition of a contract which describes the payment of a penalty damages, for non-fulfillment of a contract.
Making a contract which fixes in advance the payment of a penalty damages for non-fulfillment of a contract on a part of workers such as resignation before the completion of the contract period, etc. (Article 16 of the Labour Standards Law).
(5)Restrictions on the dismissal of workers who have been injured or are under medical treatment by an industrial accident.
In principle, dismissing a worker who has been injured or become sick in connection with his work and is absent from work in order to receive medical treatment is prohibited during such period of absence plus 30 days thereafter. (Article 19 of the Labour Standards Law).
(6)Advance notice of dismissal.
In principle, in the case of dismissing his worker, the employer is required, to give the worker an advance notice of at least 30days before dismissal. In case a dismissal notice is not given at least 30 days in advance of the date of dismissal, the employer must pay the average wages for, at a minimum, the number of days falling short of the 30-day dismissal notice allowance required by law. This shall not apply, however, in the case where the employer becomes unable to continue his business owing to uncontrollable circumstances such as natural calamities, etc., or where the employer dismisses the worker for reasons in which the worker is responsible for being dismissed.
In that case, the employer shall obtain approval for exemption from advance notice of dismissal, from Head of Labour Standards Inspection Office. (Articles 20 and 21 of the Labour Standards Law).
(7)Payment of wages.
Wages must be paid to the worker in currency, directly, in full, at least once a month, and on a fixed date. However, statutory deductions for taxes, employment insurance, health insurance, as well as other deductions arising from labour-management agreements, such as union dues, etc. shall be deducted from the full payment. (Article 24 of the Labour Standards Law).
(8)Minimum wages
The employer must pay his worker wages which is not less favorable than the amount of minimum wages. (Article 5 of the Minimum Wages Law) The amount of minimum wages is fixed according to region and industry of the work in each prefecture.
(9)Working hours, rest days
Employers must not have their employee(s) work more than 8 hours per day, 40 hours per week (for certain sizes and types of industry, 44 hours per week). (Article 32,40 of the Labour Standards Law)
The employer must provide their employee(s) with a minimum of one rest-day per week, or four or more rest-days per four-week period. (Article 35 of the Labour Standards Law).
(10)Extra pay for overtime, work on rest days and midnight work
Should an employer have their employee(s) work in excess of the maximum statutory working hours permitted by law (in principle, 8 hours per day, 40 hours per week), or if an employer has their employee(s) work on stipulated statutory rest-days (one rest-day per week or four rest-days per fourweek period), the employer shall comply with certain procedures as stipulated by law. (Article 36 of the Labour Standards Law)
For work done in excess of the statutory working hours, extra pay shall be calculated at a rate of 25 % or more of the payable wages during normal working hours or normal workday, and must be paid; for work on statutory rest days, at least 35 %.
In addition, extra pay for work conducted during late-night hours (between 10 p.m. and 5 a.m.), shall be calculated at a rate of 25% or more of the wages payable for the normal working hours or normal workday. (Article 37 of the Labour Standards Law).
(11)Annual leave with pay
The employer must give annual leave with pay to workers who have been employed continuously for 6 months, and have worked for 80 % or more of the whole working days. (The number of days of the annual leave depends on the duration of continuous employment. For the first year of employment, ten days will be given.) (Article 39 of the Labour Standards Law).
(12)Return of money and other goods
when a foreign worker dies or resigns form office, the employer shall pay the wages and return any money or articles in his/her ownership within seven days, as requested by the right holder. (The employer must not keep passport or Alien Registration Certificate (Article 23 of the Labour Standards Law).
(13) Industrial safety and health
In order to secure the safety and health of workers, employer must take measures to prevent dangers or health impairment to workers, such as providing industrial safety and health education (education, etc. at the time of hiring), and health examinations. (Article 59 and 66, etc. of Industrial Safety and Health Law, etc.)
