This section explaing some basic information briefly which should be recognized
by foreigners working in Japan or intending to do so.
Foreign nationals who are permitted to work in Japan and those who are not.
When you look for a job.
Labour related laws you need to be aware of
When you resign from a company
Other insurance systems for workers
Labour related laws and regulations
in Japan you need to be aware of
For those people working in Japan, the Labour Standards Law and other related
laws prescribe the following provisions and "Guidelines concerning employment
and working conditions for foreign workers." Employers should look closely
at these provisions and respect them. (Excerpts)
- It is prohibited to discriminate against
people because of their nationality.
Also it is prohibited to discriminate by the reason that working conditions, etc.
of the foreign national's home country are not as good as those in Japan. (Article
3 of the Labour Standards Law)
- Clear indication of working conditions.
In concluding a labour contract, the employer must clearly indicate wages, working
hours, etc. to the worker concerned.
Regarding wages, in particular, it is necessary to indicate them clearly in writing.
(Article 15 of the Labour Standards Law) .
In finding employment, it is recommendable to make sure of essential working conditions
such as wages, working hours, etc. by documents ( Employment
notification ) etc., which show clearly the contents.
- 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/she must not make
a profit by intervening as a business in the employment of others. (Articles 5
and 6 of the Labour Standards Law).
- Prohibition of a contract which describes
the payment of a penalty, damages, etc. for non-fulfillment of a contract.
Making a contract which fixes in advance the payment of a penalty or damages for
non-fulfillment of a contract on the part of the workers such as resignation before
the completion of the contract period, etc. (Article 16 of the Labour Standards
Law).
- Restrictions on the dismissals of workers
who have been injured in an industrial accident and are under medical treatment.
Dismissing a worker who has been injured or become sick in
connection with his/her 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).
- Advance notice of dismissal.
In the case of dismissing a worker, the employer is required, in principle, to
give the worker an advance notice of least 30 days before dismissal. In case an
advance notice is not given at 30 days before dismissal, the employer must pay
him/ her the amount of average wages for the number of days falling short of the
30 days dismissal notice allowance required by law. This shall not apply, however,
in the case where the employer becomes unable to continue his/her business owing
to uncontrollable circumstances such as national calamities, etc.,or where the
employer dismisses the worker for reasons in which the worker is responsible for
being dismissed. (Article 20 and 21 of the Labour Standards Law)
- Payment of wages
Wages must be paid to the workers in currency, directly, in full, at least
once a month, and on a fixed date. (Article 24 of the labour Standard law). Concerning
the payment in full, however, exceptions are made such as statutory deductions
for taxes, employment insurance and agreed deductions for union dues, etc.
In case a worker resigns from his employer, the latter must pay the former outstanding
wages, etc. within 7 days following the receiving of the former's request for
payment. (Article 23 of the Labour Standard Law).
- Minimum wages
The employers must pay his/her worker wages which is not less than the amount
of minimum wages stated by the Minimum Wages Law. The amount of minimum wages
is fixed according to regulations and industry.
- Working hours and holidays
The statutory working hours are 8 hours, a day, 40 hours a week (for certain size
and types of industry, 44 hours a week). (Articles 32,40 and 131 of the
Labour Standard Law).
The statutory holidays are one day a week, or 4 days or more in 4-weekperiod.(Article
35 of the Labour Standard Law).
- Extra pay for overtime, work on holidays
and midnight work.
In order to make a worker work in excess of the statutory working hours or on
statutory holidays, it is necessary for the employer to comply with certain procedure
prescribed by the law and regulations. (Article 36 of the labour Standard Law).
For work done in excess of the statutory working hours, extra pay calculated at
a 25% or more of the wages payable for the normal working hours or work day must
be paid, and for work on statutory holidays, at least 35%.
In addition, it is regarded necessary for workers to be paid extra pay calculated
at a rate of 25% or more for working during midnight(between10p.m.and5 a.m.).(Article
37 of the Labour Standard Law).
- Annual leave with pay
Annual leave with pay is to be given to workers who have been employed continuously
for 6months, and have worked for 80% or more of the whole working days. (Article
39 of the labour Standard Law)
- Return of money and other goods
Foreign nationals living in Japan always need carry with them their passport
or registered identification card. (Article 23 of the Immigration Control Law).
Be careful not to entrust your passport with others.
Also, when a worker resigns from a company, the employer must pay the former outstanding
wages and any other kind of goods to which the former is entitled within 7 days
following the receiving of the former's request for payment.(Article 23 of the
Labour Standard Law).
- Industrial safety and health
In order to secure the safety and the health of the workers, the Industrial Safety
and Health Law prescribes the prevention of dangers or health impairment to workers.
The Law also prescribes provision of industrial safety and health education (education
at the time of hiring) as well as conducting of health examination.
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