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Labor Standards Law

Labor Standards Law is the core of employment law and establishes rules on wage, working hours, overtime pay, resignation, dismissal, and other legal rules seeking to deal with employment relationships entered into by employee and employer at arms length.

In the context of this law, employee "means any individual employed in an enterprise or an office ("enterprise") and be paid wages, regardless of the type of occupation" (Article 9). In essence, employee is any person who works for, and under the control of, another for hire.

Therefore executive officers and other officers who themselves exert control over fellow workers are not employees. However, executive officers may be considered employees to the extent that they do not possess agency status with the enterprise and work for compensation.

Employer, as used in the context of this law, "means owner, executive officer of the business, and all other person acting in the interest of an employer in relation to an employee" (Article 10). Employer is the master or principal who employs another to perform services for hire; who controls or has the right of control of the other; and who usually pays another's wages directly.

Although employment relationship is more than just a source of income, wages perhaps is of most importance to employees. "Wages", for the purpose of this law, means "wage, salary, allowance, bonus, and all other payments, regardless of its name" and include monetary and non-monetary benefits provided to workers in exchange for services.

In Japan, tips received directly from customers are not considered as wages. However, if tips are collected and distributed by an employer according to certain standards or guidelines, the nature of those tips are transformed into wages.


GENERAL RULES

Principles of Working Conditions

Article 1 of the Labor Standards Law declares the need to secure working conditions such that workers may live a "humane life" of value. The spirit of this article permeates throughout all provisions of the Labor Standards Law and shall be considered at all times in practice.

Labor Standards Law is a non-preemptive statute; "working conditions set by Labor Standards Law are minimum standards." Employers subject to standards higher than Labor Standards Law must abide by those higher standards. Labor Standards Law cannot be used as an excuse for failure to comply with any law, ordinance, or agreement establishing better working conditions.

Recently enacted Labor Contract Law places an emphasis on Article 2 of the Labor Standards Law and requires wage, working hours, overtime pay, resignation, dismissal, and other working conditions be spelled out in an employment contract entered into at arms length by an employee and an employer.

Futhermore, employees and employers are required to "honor collective employment agreements, rules of employment, and employment contracts, and each shall perform those duties in good faith."


Anti-Discrimination

The basic concept of "discrimination" is simple enough: one person or group of persons is treated differently from another person or group because of a personal characteristic or conduct. It is based on sterotyping or bias with no reasonable basis.

Specified in Article 3 of Labor Standards Law, Japan employs a fair employment practice and bans employers from engaging "in discriminatory practice with respect to wages, working hours, and other working conditions based on employee's nationality, religion, or social status." "Religion" includes specific religious and/or political belief, and "social status" includes status by nature or by birth.

Article 4 of Labor Standards Law prohibits sex-based wage discrimination by requiring equal pay for equal work regardless of sex.

This provision mirrors Article 14 of the Constitution of Japan which states "All people are equal under the law and there shall be no discrimination in political, economic or social relations due to race, creed, sex, social status or family origin."

It is worth noting that discriminatory practice not only includes practices that are disadvantageous but also practices advantageous to the other sex.


Prohibition of Forced Labor

Article 5 of Labor Standards Law prohibits employers from forcing an employee into labor against his will by use of "violence, threat, imprisonment, or other means of unjust mental or physical restriction of an employee".

"Unjust" for the purpose of this article is not confined to illegal acts. A restriction imposed by an employer may be within legal boundries but under specific circumstances may be considered "unjust" and in violation of the Labor Standards Law.

This provision was enacted to prevent compulsory or forced labor from developing into conditions analogous to slavery. Violation of this provision results in the heaviest punishment under Labor Standards Law: imprisonment of 10 years or less or fine of 3,000,000 yen or less.

Article 5 mirrors Article 18 of the Constitution of Japan which states "No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited."


Elimination of Intermediate Exploitation

Article 6 of Labor Standards Law forbids any person, unless otherwise permitted by law, to profit from intervening, as business, in other's employment.

For the purpose of this arcitle, "profit" includes commission, fee, and other monetary considerations regardless of the name given and regardless of whether tangible or not. Profit is restricted whether the source is the employer, employee, or other third party.

An act of agency or similar in nature where the third party plays a role in the initiation of and/or continuation of employment is considered "intervening".


CHAPTER 2: EMPLOYMENT CONTRACTS

Article 13 of Labor Standards Law voids any section of employment contracts providing working conditions that do not meet the minimum standards of the law. In such cases, the minimum standards provided by the Labor Standards Law will mandate the standards for the voided section.


Term of Employment Contracts

Absent an agreement to the contrary, both employee and employer can generally terminate the employment relationship at any time. On the other hand, to prevent employees from leaving in the midst of work in progress, some employment contracts provide for a time period in which the contract remains effective.

Generally, however, employment contracts binding an employee to one employer for an unusually extended period of time can potentially develop into conditions analogous to slavery. To prevent development of such conditions, Article 14 of Labor Standards Law prohibit employment contracts to be entered into for a specified period of time depending on the nature of work.

Employment contracts entered into for a position requiring advanced professional knowledge with workers possessing professional knowledge, skills, or experiences ("professional knowledge") and employment contracts entered into with workers aged 60 and above cannot exceed 5 years.

All other employment contracts cannot be entered into for a period exceeding 3 years.


Article 15: Clear Statement of Working Conditions
(1) An employer shall, when entering into an employment contract, make explicit wages, working hours and other working conditions to a worker. In such cases, matters on wages, working hours and other matters provided by Health, Labor and Welfare Regulations shall be made explicit in the manner provided by Health, Labor and Welfare Regulations.

(2) In cases where the working conditions made explicit under the preceding paragraph differs from facts, workers may immediately cancel the employment contract.

(3) When, under the preceding paragraph, a worker who changed residence for employment returns home within fourteen days from the date of cancellation, the employer shall bear the necessary traveling costs for the worker.


Article 16: Ban on Predetermined Indemnity
Employer shall not enter into contract providing for cancellation penalty for breach of employment contracts or for estimated amount for indemnity of damages.


Article 17: Ban on Offsets against Advances
Employer shall not offset wages against advances of money or advances of other credits made as a condition for work.


Article 18: Compulsory Savings
Employer shall not attach a savings contract to an employment contract nor shall an employer contract to manage employee's savings.


Article 18-2: Dismissal
In cases where a dismissal lacks objectively rational reasoning and is contrary to public policy, an employer is deemed to have abused rights embedded in at-will employment contracts and the dismissal is rendered void.


Article 19: Restrictions on Dismissal of Workers
(1) Employer shall not dismiss an employee during the period of absence due to recovery from injuries or sickness arising out of and in the course of employment and thirty days thereafter. Nor shall an employer dismiss a female employee during the period of maternity leave with respect to Article 65 of this law and thirty days thereafter. However, an employer shall not be restricted from dismissing employees during the above said period if an employer pays severance compensation with respect to Article 81 of this law and in cases where continuation of business operations is made impossible due to natural disasters and other act of God.

(2) In cases where dismissal falls under the latter section of the preceding paragraph, an employer shall obtain approval from executive government offices with regards to the matter.


Article 20: Notice of Dismissal
(1) Employer shall provide at least 30 days advance notice in the event of dismissing an employee. Employer not providing 30 days advance notice shall pay daily average wages of more than 30 days. However, this paragraph shall not apply in the event continuation of business operations is made impossible due to natural disasters and other act of God.

(2) With regard to advance notice in the preceding paragraph, in the event an employer pays average daily wage, days of required advance notice may be reduced for each day average daily wage is paid.

(3) Paragraph 2 shall apply to the latter section of paragraph 1.


Article 21
The preceding article shall not apply to employees listed below. However, the preceding article shall apply in the event an employee listed in (1) below has been employed consecutively for more than one month, or an employee listed in (2) or (3) below has been employed consecutively for a period exceeding the original period, or an employee listed in (4) below has been employed consecutively for more than 14 days.

(1) Employees employed on a daily basis,
(2) Employees employed for a predetermined period no longer than 2 months,
(3) Employees employed for seasonal work for a predetermined period no longer than 4 months, and
(4) Employees in probationary period.


CHAPTER 3: WAGES

Labor Standards Law requires wages to "be paid in cash in full amount, directly to employees", "at least once a month, on a fixed date". Nonrecurring wages, bonuses and other payments of similar nature, however, are not subject to this rule.

With respect to commissioned employees and other contracted workers, Labor Standards Law requires employers to guarantee a fixed amount of base payment proportional to hours worked.


CHAPTER 4: WORK HOURS, REST BREAK, REST PERIOD AND PAID TIME OFF

Under general rule, Article 32 of Labor Standards Law prohibits employers from working employees, excluding rest breaks, for more than forty hours a week, and for each day of the week, working employees, excluding rest breaks, for more than eight hours a day.


Article 32-2
(1) Employer may, when an agreement exists between a labor union comprised of the majority of employees, or if such labor union does not exist, an agreement with an employee representing the majority of employees, or by employee handbook or other collective agreements similar in nature, work employees, regardless of the preceding article, for hours exceeding that provided by paragraph (1) or (2) of the preceding article provided that an agreement exists to ensure that the average weekly work hours for any four weeks does not exceed the hours provided by paragraph (1) of the preceding article.

(2) Employer shall, according to Health, Labour and Welfare Regulations, file with Government Administrative Offices the agreement under the preceding paragraph.


Article 32-3
Employer may, with regards to employees given discretion to determine their own starting work hour and ending work hour under employee handbook and other collective agreements similar in nature, work employees, regardless of paragraph (1) and (2) of Article 32, for hours exceeding that provided by paragraph (1) and (2) of Article 32 provided that an agreement exists between a labor union comprised of the majority of employees, or if such labor union does not exist, an agreement with an employee representing the majority of employees on the following issues, and provided that the average weekly work hours during the adjusting period under clause 2 below is within the range provided by paragraph (1) of Article 32.

1. Employees who may be worked under the work hours of this article,
2. Adjusting period (a period whose average weekly work hours does not exceed the hours provided by paragraph (1) of article 32, and a period of no more than a month),
3. Total work hours during the adjusting period, and
4. Other matters provided by Health, Labour and Welfare Regulations.


Article 32-4
(1) Employers may, when an agreement with a labor union comprised of the majority of employees, or if such labor union does not exist, an agreement with an employee representing the majority of employees provide the following matters, work employees, regardless of article 32, for hours exceeding that provided by paragraph (1) and (2) of Article 32 provided that the average weekly work hours during the intended period under clause 2 below is less than forty hours.

1. Employees who may be worked under the work hours of this article,
2. Intended period (a period whose average weekly work hours does not exceed the hours provided by paragraph (1) of article 32, and a period of no more than a month),
3. Specific period (a period during the intended period when operation is expected to be exceptionally busy)
4. Work days during the intended period and work hours for those work days. (Latter section intentionally omitted)
5. Other matters provided by Health, Labour and Welfare Regulations.

(2) Intentionally omitted.
(3) Intentionally omitted.
(4) Intentionally omitted.


Article 32-4-2
In the event that an employer works an employee for period less than the intended period provided in the preceding article, if an employer works an employee to the extent that the average weekly hours exceeds forty hours, employer shall pay overtime wage, according to article 37, for those exceeding hours.


Article 32-5
(1) Employer may, for employees engaged in businesses defined by Health, Labour and Welfare Regulations whose work volume often varies significantly by the day and prohibits employer from scheduling specific daily work hours under employment handbook and other collective agreement similar in nature and the number of employees engaged in that business is less than the number provided by Health, Labour and Welfare Regulations, regardless of article 32, work employees up to ten hours a day provided that an agreement exists with a labor union comprised of the majority of employees, or if such labor union does not exist, an agreement exists with an employee representing the majority of employees.

(2) An employer shall, in the event an employer engages employers in work under the provision of the preceding paragraph, notify employee in advance of the working hours for each day of the work week in accordance with the Ministry of Health, Labour and Welfare Regulations.

(3) The provisions of paragraph 2 of Article 32-2 shall apply to an agreement under paragraph 1 of this Article.


Article 34: Rest Break
(1) An employer shall, where working hours exceed six hours, provide a rest break of at least forty-five minutes, and where working hours exceed eight hours, provide a rest break of at least one hour, during working hours.

(2) Rest break under the preceding paragraph shall be provided to all workers at the same time. Notwithstanding the above, when a written agreement exists between a labor union comprised of the majority of employees, or if such labor union does not exist, a written agreement with an employee representing the majority of employees, an employer may provide otherwise.

(3) An employer shall permit free use of rest break under paragraph 1.


Article 35: Rest Day
(1) An employer shall provide employees at least one rest day each week.

(2) The provision under the preceding paragraph shall not apply to an employer providing four or more rest days during hour weeks.


Article 36: Overtime and Rest Day Work
(1) Notwithstanding article 32 through 32-5 or article 40 (hereinafter referred to as "working hours" in this article) or the preceding article (hereinafter referred to as "rest day" in this article), an employer may, in the event an employer enters into a written agreement with a labor union comprised of the majority of employees, or if such labor union does not exist, with an employee representing the majority of employees, and files the agreement with government administrative office, extend working hours or work employees on rest days according to the agreement. However, an extension of working hours for mine work and other hazardous work provided by Ministry of Health, Labor and Welfare shall not exceed two hours.

(2) Intentionally omitted.
(3) Intentionally omitted.
(4) Intentionally omitted.


Article 37 of Labor Standards Law requires that employees be paid a "premium" for each hour worked over 40 in a workweek; the required premium is between one-quarter to one-half the "regular rate" the employee earns.

Article 37: Increased Wage for Overtime, Rest Day, and Midnight Work
(1) In the event an employer extends working hours or works an employee on rest day in according with Article 33 or paragraph 1 of the preceding article, employer shall pay increased wage within the range of 25 to 50 percent and as provided by Ministry of Health, Labor and Welfare Regulations over wages for normal working hours or working day.

(2) Regulation in the preceding paragraph shall be determined taking into account of workers' welfare, overtime and rest day work and other labor conditions.

(3) In the event an employer works an employee between 10 p.m. and 5 a.m. (between 11 p.m. and 6 a.m. in the event the Minister of Health, Labor and Welfare deems it necessary), for work during those hours, an employer shall pay increased wage of more than 25 percent over the normal working hours.

(4) Base wage for the purpose of calculating increased wages under paragraph 1 and the preceding paragraph shall not include family allowances, commuting allowance and other wages provided by the Ministry of Health, Labor and Welfare Regulations.


Article 38: Time Calculation
(1) Working hours, even in the event of being in different work locations, shall be aggregated for the purpose of applying working hour provisions.

(2) Intentionally omitted.


Article 38-2
(1) In the event an employee worked all or part of his working hours outside of the workplace and calculation of working hours is difficult, an employee is deemed to have worked for the scheduled working hours. Notwithstanding the above, in the event an employee is engaged in work that requires working hours beyond the scheduled hours, for that engagement, an employer is deemed to have worked for hours necessary as provided by Ministry of Health, Labor and Welfare Regulations to complete that work.

(2) Intentionally omitted.
(3) Intentionally omitted.


Article 39: Paid Time Off
(1) An employer shall, for employees employed for six consecutive months from the day of hire, and have worked for more than 80 percent of all working days, grant 10 days of consecutive or divided paid time off.
(2) An employer shall, for employees continuously employed for more than one and a half years, grant, in addition to days granted in the preceding paragraph, paid time off in accordance with the chart below for each additional year of service starting with the completion of the first year after the first six months of continuous employment. Notwithstanding the above, an employer is not required to grant paid time off to an employee who, for each annual period, after completion of the first six months of continuous employment, including the prior day of the beginning of a new annual period, did not work for more than 80 percent of all working days.

[Chart]

(3) Notwithstanding the preceding two paragraphs, paid time off for employees listed below (except for those whose weekly scheduled working hours exceed the hours provided by Ministry of Health, Labor and Welfare Regulations) shall be as provided by Ministry of Health, Labor and Welfare Regulations in proportion to the weekly scheduled working hours of normal employee and weekly scheduled working hours or weekly scheduled working days of these employee with reference to these provisions.

1. Employees, as provided by the Ministry of Health, Labor and Welfare Regulation, whose weekly scheduled working hours are considerably less than the weekly scheduled working hours of normal employee.
2. For employees whose scheduled working days are scheduled in periods other than in weeks, and whose annual working days are less than that provided by the Ministry of Health, Labor and Welfare Regulations.


(4) An employer shall provide paid time off under the preceding three paragraphs during the period requested by an employee. Notwithstanding the above, in the event that providing paid time off during the requested period conflicts with the normal operations of the business, paid time off may be provided on another period.
(5) Notwithstanding the above paragraph, an employer may, when a provision regarding paid time off under the paragraph one through three of this article exists in a written agreement with a labor union comprised of the majority of employees, or if such labor union does not exist, a written agreement with an employee representing the majority of employees, provide paid time off according to the agreement for paid time off days under these paragraphs exceeding five days.
(6) An employer shall, for the periods of paid time off under paragraph one through three of this article, in compliance with employment handbook and others similar in nature, pay the average wage or the amount of wage that would normally be paid for working the scheduled working hours. Notwithstanding the above, when a written agreement with a labor union comprised of the majority of employees, or if such labor union does not exist, a written agreement with an employee representing the majority of employees provides that daily standard remuneration under the article 3 of Health Insurance Law be paid, employer shall abide by the agreement.
(7) For the purpose of applying paragraph 1 and 2 above, periods of absence from work due recovery from injury and sickness arising out of and in the course of employment, child care leave under Article 2 Item (1) of the Law Concerning the Welfare of Workers Taking Care of Children of Other Family Members Including Child Care and Family Care or nursing leave under Item (2) of the same article, and maternity leave before and after childbirth under article 65 of this law, shall be deemed as having worked.

Article 41
Provisions under this chapter, Chapter 6 and Chapter 6-2 regarding working hours, rest breaks and rest periods shall not apply to the following employees:

(1) Employees listed under item 6 (excluding forestry) or item 7 of the separate chart.
(2) Employees in managerial positions regardless of industry.
(3) Employees who supervise or work on intervals and who have been approved by government administrative offices.


SAFETY AND HEALTH

Laws and regulations on employees' safety and health measures are provided by Labor Safety and Health Law.

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CHAPTER 6: MINORS

Article 56: Minimum Age
(1) An employer shall not work a child before the elapse of first March 31 after the child reaches the age of 15.

(2) Notwithstanding the preceding paragraph, for jobs other than those listed under items 1 through 5 of the separate chart and not considered to be heavy-duty, an employer may work a child above the age of 13 after school hours when approved not to be hazardous to the child's health and welfare by the government administrative office. Similar treatment applies for production of movies and entertainment businesses for a child under the age of 13.


Article 58: Employment Contracts of Minors
(1) A parent or a guardian of a minor shall not enter into a labor contract for that child.

(2) A parent, guardian, or administrative office may, where a labor contract is deemed disadvantageous to a minor, cancel the contract into the future.


Article 59
A minor may independently request for payment of wages. A parent of a guardian shall not receive minor's wages.


Article 60
(1) Provisions of articles 32-2 thru 32-5 and articles 36 and 40 shall not be applied to those under the age of 18.

(2) For the purpose of applying provisions of article 32 to a child employed under article 56(2), "40 hours per week" in the first paragraph shall be read as "40 hours per week including school hours," and "8 hours per day" shall be read as "7 hours a day including school hours."

(3) Notwithstanding provision of article 32, for those between the ages of 15 and 18, an employer may work them as follows:

1. In case an employer reduces a day's working hour by more than 4 hours on one day of a week, an employer may extend another day's working hours to 10 hours, provided that the working hours are within the range such that working hours for a week does not exceed the hours set by article 32.

2. Within the range such that a week's working hour is less than 48 hours and as set forth by Ministry of Health, Labor, and Welfare Regulations, an employer may work an employee under the provisions of articles 32-2, 32-4, and 32-4-2 provided that a day's working hours does not exceed 8 hours.


Article 61
(1) An employer shall not employ a child under the age of 18 between 10:00 p.m. and 5:00 a.m. Notwithstanding the preceding, an employer may work males over the age of 16 under work shift system.

(2) Minister of Health, Labor, and Welfare may, where he deems it necessary, change the restricted time in the preceding paragraph to 11:00 p.m. and 6:00 a.m. provided that such changes are applied during limited time or over limited area.

(3) For businesses employing work shift system, an employer may work employees until 10:30 p.m. regardless of the provisions of article 1 above, or from 5:30 a.m. regardless of the provisions of the preceding paragraph.

(4) The three preceding paragraphs shall not be applied for the purposes of extending working hours, working on rest day, or for businesses listed under item 6, 7, or 13 of the Separate Chart or telephone center businesses under the provision of Article 33 Paragraph 1.

(5) For child employed under the provision of Article 56 Paragraph 2, time in paragraph 1 and 2 shall be from 8 am to 5 pm for paragraph 1, and from 9 am to 6 pm for paragraph 2.


Article 62
(1) An employer shall not employ a child under 18 years of age to clean, oil, inspect, or maintain machines in motion or on dangerous parts of electric conductor machines, install or remove belts or ropes on machines in motion or on dangerous parts of electric conductor machines, operate cranes, or to work on other dangerous works provided by Ministry of Health, Labour and Welfare Regulations, or to work on work handling heavy materials as provided by Ministry of Health, Labour and Welfare Regulations.

(2) An employer shall not employ a child under 18 years of age to handle toxic materials, ingredients of toxic materials, explosives, inflammatory ingredients or materials, to work in areas where significantly amount of dust or powder are dispersed or where toxic gas or toxic radiation are emitted, or to work under high temperature or high pressure, or to work on other areas where safety, sanitation, and welfare is endangered.

(3) Jobs under the preceding paragraph shall be provided by the Ministry of Health, Labour and Welfare Regulations.


Article 63
An employer shall not employ a child under the age of 18 to work in mines.


Article 64
In the event where a child under the age of 18 returns home within 14 days after the day of termination, an employer shall incur necessary travelling costs. Notwithstanding the above, if a child under the age of 18 is terminated due to fault of his own and the employer obtains an approval from the administrative office, the employer is relieved from such obligations.


CHAPTER 6-2: PREGNANT WOMEN AND OTHERS

Article 64-2: Ban on Underground Labor
An employer shall not, for women under the following sections, work women on jobs listed in the following sections.

1. Pregnant women and women within one year after childbirth whom communicated to the employer of her wishes not to engage in work within mine: all work within mines.

2. Women over 18 full years of age other than those in the above section: work within mines such as excavation requiring man power or other work harmful to women as provided in Ministry of Health, Labour and Welfare Regulations.


Article 64-3: Restrictions on Harmful Work
(1) An employer shall not engage a pregnant women or women within one year after childbirth (hereinafter referred to as "expecting women") in the handling of heavy materials, work in areas where harmful gas is generated, or other work harmful to pregnancy, childbirth, nursing and the like of the expecting women.

(2) The preceding provision may be applied by the Ministry of Health, Labour and Welfare Regulations to women other than expecting women for work harmful to women�fs functions for pregnancy or childbirth.

(3) The scope of work under the preceding two paragraphs and the scope of persons who shall not be engaged in such work shall be provided by the Ministry of Health, Labour and Welfare Regulations.


Article 65: Before and After Childbirth
(1) An employer, in the event a woman expecting to give birth within 6 weeks (or 14 weeks in the case of multiple birth) requests rest days, shall not engage such person in work.

(2) An employer shall not engage woman within 8 weeks after childbirth in work. Notwithstanding the above, this shall not prevent an employer from engaging a woman in work in the event, after 6 weeks from childbirth, she so requests, provided that a doctor approves such work to pose no adverse effect on her.

(3) An employer shall, in the event an expecting woman requests, transfer her to other lighter work.


Article 66
(1) An employer shall not, in the event an expecting woman so requests, engage such person in work in excess of working hours under Article 32 Paragraph 1 on weekly basis, and in excess of working hours under Paragraph 2 of the same Article on daily basis, regardless of provisions of Article 32 Paragraph 2 Section 1, Article 32-4 Paragraph 1, and Article 32-5 Paragraph 1.

(2) An employer shall not, in the event an expecting woman so requests, engage such person in overtime work or work on rest days regardless of provisions of Article 33 Paragraphs 1 and 3 and Article 36 Paragraph 1.

(3) An employer shall not, in the event an expecting woman so requests, engage such person to work during night.


Article 67: Childcare Time
(1) A woman raising an infant under the age of one full year may request time of at least 30 minutes for twice a day to provide care for the infant in addition to the rest period provided under Article 34.

(2) An employer shall not, during childcare time under the preceding paragraph, engage her in work.


Article 68: Measures for Women Especially Difficult to Work during Menstrual Periods
An employer shall not, in the event a woman whose work during menstrual periods poses special difficulty requests for absence, engage such person in work on days of menstrual periods.


CHAPTER 7: TRAINING OF SKILLED WORKER

Article 69: Elimination of Abusive Apprenticeship
(1) An employer shall not exploit an apprentice, trainee, student, or others regardless of the name of position given, by reason that the individual is seeking to acquire skills.
(2) An employer shall not engage an employee seeking to acquire skills in domestic housework or other tasks with no relation to the acquiring of skills.

Article 70: Special Provision regarding Occupational Training
In the event necessary for an employee obtaining approval under Article 24 Paragraph 1 of Human Resources Development Promotion Law (including events where the provision is applied under Article 27 Paragraph 2 Clause 2) for occupational training, the provisions of Article 14 paragraph 1 concerning contract period, the provisions of Articles 62 and 64-3 concerning restrictions on dangerous and injurious jobs for minors and expectant and nursing mothers and others, and the provisions of Articles 63 and 64-2 concerning the ban on underground labor by minors and women may otherwise be provided by the Ministry of Health, Labour and Welfare Regulations within the limits of the necessity. Notwithstanding the above, with respect to the ban on underground labor by minors under Article 63, this shall not apply to persons under 16 full years of age.

Article 71
Ministry of Health, Labour and Welfare Regulations issued under the provision of the preceding Article shall not apply to employees other than those employed by an employer obtaining approval from government authorities under the same Regulation.

Article 72
For the purpose of applying provision of Article 39 for minors within the scope of Ministry of Health, Labour and Welfare Regulations issued under the provision of Article 70, "10 work days" under paragraph 1 of the article shall be "12 work days", and "10 work days" within the chart titles more than 6 years under paragraph 2 shall be "8 work days".

Article 73
In the event an employer obtaining approval under the provision of Article 71 violates Ministry of Health, Labour and Welfare Regulations issued under the provision of Article 70, government authorities may revoke such approval.

Article 74
Repealed.


CHAPTER 8: WORKERS' ACCIDENT COMPENSATION

Article 75 thru Article 88
Intentionally Omitted.


CHAPTER 9: RULES OF EMPLOYMENT

Article 89: Preparation and Submission Responsibilities
An employer continuously employing 10 or more employees shall prepare and submit rules of employment covering the following items to the government authority. The same shall apply in the event of changes to the following items.

1. Matters concerning the times at which work begins and at which work ends, rest periods, rest days, leaves, and matters concerning the change in shifts when workers are employed in two or more shifts.
2. Matters concerning the methods of determining, computing and paying of wages (excluding extraordinary wages and the like, hereinafter in this item the same qualification shall apply), the dates for closing accounts for wages and for payment of wages, and increases in wages.
3. Matters concerning resignation (including grounds for dismissal).
3-2. In the event of providing retirement allowances, matters concerning the qualification of covered employees, methods for determining, computing, and paying of retirement allowances, and the dates for payment of retirement allowances.
4. In the event of providing for extraordinary wages and the like (excluding retirement allowances) and/or minimum wages, matters concerning such items.
5. In the event of providing for having employees bear the cost of food, supplies for work, and other such expenses, matters concerning such items.
6. In the event of providing for matters regarding safety and health, matters concerning such items.
7. In the event of providing for matters regarding vocational training, matters concerning such items.
8. In the event of providing for matters regarding accident compensation and/or assistance for injury or illness outside the course of employment, matters concerning such items.
9. In the event of providing for matters regarding commendations and/or sanctions, matters concerning the types and degree.
10. In the event of providing for matters applicable to all employees at the workplace concerning matters other than those contained in the preceding items, matters concerning such other items.

Article 90: Preparation Procedures
(1) An employer shall, when preparing or amending rules of employment, ask the opinions of either a trade union organized by a majority of employees at the workplace where such trade union exists, or a person representing a majority of the employees where such trade union does not exist.
(2) An employer shall, in submitting rules of employment in accordance with the provision of the preceding Article, attach a document setting forth the opinions provided in the preceding Paragraph.

Article 91: Restrictions on Sanction Provisions
In the event of providing for sanctions to decrease wages to employees, the amount of decrease for a single event shall not exceed 50 percent of the daily average wage, and the total amount of decrease shall not exceed 10 percent of the total wages for a single payroll period.

Article 92: Relations to Laws and Agreements
(1) Rules of employment shall not conflict with laws or collective agreements applicable to the workplace.
(2) Government authorities may order the revision of rules of employment which conflict with laws and collective agreements.

Article 93: Validity
Labor contracts not meeting the standards set forth by the rules of employment shall be invalid with respect to such conditions. In such an event, the invalidated conditions are overruled by the standards set forth by the rules of employment.


CHAPTER 10: DORMITORIES

Article 94: Autonomy of Dormitory Life
(1) An employer shall not violate the freedom of personal lives of employees living in dormitories attached to the enterprise.
(2) An employer shall not interfere in the selection of dormitory leaders, room leaders, and other positions necessary for the autonomy of dormitory life.

Article 95: Order in Dormitory Life
(1) An employer providing lodging in dormitory attached to the enterprise shall prepare dormitory rules concerning the following items and submit such rules to the government authority. The same shall apply in the event an employer amends the rules.

1. Matters concerning to rising, going to bed, going out, and staying out overnight.
2. Matters concerning regular events.
3. Matters concerning meals.
4. Matters concerning safety and hygiene.
5. Matters concerning management of the building and facilities.

(2) An employer shall, for preparation of or amendment of provisions of items 1 thru 4 of the preceding Paragraph, obtain the consent of a person representing a majority of employees in the dormitory.
(3) An employer shall, in submitting the rules in accordance with the provision of Paragraph 1, attach a document to prove the consent referred to in the preceding Paragraph.
(4) An employer and employees living in the dormitory shall comply with the dormitory rules.

Article 96: Dormitory Facilities and Safety and Health
(1) An employer shall not, with respect to a dormitory attached to the enterprise, take necessary measures for ventilation, lighting, illumination, heating, damp proofing, hygiene, emergency escapes, maximum accommodation, sleeping facilities, and other measures necessary for preservation of health, morals, and living of employees.
(2) Standards for measures to be taken by an employer pursuant to the preceding paragraph shall be set forth by the Ministry of Health, Labour and Welfare Regulations.

Article 96-2: Administrative Measures for Supervision
(1) In the event an employer seeks to establish, relocate, or alter a dormitory attached to an enterprise that continuously employ 10 or more employees or attached to dangerous or hazardous enterprise as provided by the Ministry of Health, Labour and Welfare Regulations, an employer shall submit to the government authority, no later than 14 days prior to the start of construction, plans that have been established in accordance with standards concerning the prevention of danger and hazardous matters as set forth by the Ministry of Health, Labour and Welfare Regulations issues pursuant to the provisions of the preceding Article.
(2) Government authority may, in the event deemed necessary for employees�f safety and health, suspend construction or order alteration to plans.

Article 96-3: Administrative Measures for Supervision
(1) In the event a dormitory attached to an enterprise employing employees is in violation of standards established with respect to safety and health, government authority may order the employer to suspend use of or alter all or part of the dormitory, and order other necessary measures to the employer.
(2) In the event of the preceding paragraph, government authority may order employees on necessary matters in connection with orders to the employer.


CHAPTER 11: INSPECTING BODIES

Intentionally Omitted.


CHAPTER 12: MISCELLANEOUS PROVISIONS

Article 105-2: Mandated Government Assistance
Minister of Health, Labour and Welfare or Prefecture Chief of Labor shall provide employees and employers materials and other necessary assistance to meet the goals of this law.

Article 106: Notification of Laws
(1) Employer shall, by posting up or attaching on visible areas of the office, distribute in writing, or by other means provided by the Ministry of Health, Labour and Welfare Regulation, notify employees of summary of notices received with regards to this law and related regulations, employment handbook, agreements reached under provisions of Articles 89(2), 24(1), 32-2(1), 32-3, 32-4(1), 32-5(1), 34(2), 36(1), 38-2(2), 38-3(1), and 39(5) and (6), and decisions made under provisions of Articles 38-4(1) and (5).
(2) Employers shall, for summary of notices received with regards to this law and related regulations concerning employee dormitory and employee dormitory handbook, notify employees at the dormitory by posting up or attaching on visible areas of the dormitory.

Article 107: Employee List
(1) Employer shall, for each workplace, prepare a list of employees with respect to each employee (excluding day laborers) and shall include the employee�fs name, date of birth, personal history, and other matters prescribed by the Ministry of Health, Labour and Welfare Regulation.
(2) Employer shall, in the event of a change in any of the matters entered pursuant to the paragraph above, update the list without delay.

Article 108: Wage Ledger
Employer shall, for each workplace, prepare a payroll ledger and upon payment of each payroll record the basis of payroll calculation, payroll amount, and other matters prescribed by the Ministry of Health, Labour and Welfare Regulation without delay.

Article 109: Maintenance of Records
Employer shall maintain employee list, wage ledger, and documents related to hiring, dismissal, workers' accident compensation, wages, and other important documents for 3 years.

Article 110
Repealed.

Article 111
Intentionally Omitted.

Article 112
Intentionally Omitted.

Article 113
Intentionally Omitted.

Article 114: Additional Payment
Courts may, for employer in violation of provisions of Articles 20, 26, or 37 or employer not paying wages under provisions of Article 39(6), upon request from an employee, in addition to the unpaid portion of wages required to be paid under these provisions, order the payment of equal amount as additional payment. However, this request shall be made within 2 year from the day of violation.

Article 115: Statute of Limitation
Wages (excluding retirement allowance), workers' accident compensation, and other claims under provisions of this law shall be limited to 2 years. Claims for retirement allowance under provisions of this law shall be limited to 5 years.

Article 115-2
Intentionally Omitted.

Article 116: Exclusions
(1) With the exception of provisions of Articles 1 thru 11, the following paragraph, 117 thru 119, and 121, this law shall not apply to sailors under the provision of Article 1(1) of the Sailing Law.
(2) This law shall not apply to enterprises employing only family members living together and housemaids.


CHAPTER 13: PENALTY

Article 117
Violator of provisions under Article 5 shall be subject to imprisonment of more than 1 year and less than 10 years, or a fine of more than 200,000 yen and under 3,000,000 yen.

Article 118
(1) Violator of provisions under Articles 6, 56, 63, or 64-2 shall be subject to imprisonment of 1 year or less, or fine of 500,000 yen or less.
(2) Paragraph above shall apply to violator of regulations issued by the Ministry of Health, Labour and Welfare under provisions of Article 70 (limited to application of provisions under Articles 63 or 64-2)

Article 119
Violator of any one of the below shall be subject to imprisonment of 6 months or less or fine of 300,000 yen or less.

1. Provisions of Articles 3, 4, 7, 16, 17, 18(1), 19, 20, 22(4), 32, 34, 35, 36(1), 37, 39, 61, 62, 64-3 thru 67, 72, 75 thru 77, 79, 80, 94(2), 96, or 104(2).
2. Provisions of Articles 33(2), 96-2(2), 96-3(1).
3. Ministry of Health, Labour and Welfare Regulation issued under the provisions of Article 40.
4. Ministry of Health, Labour and Welfare Regulation issued under the provisions of Article 70 (limited to application of provisions under Articles 62 and 64-3).

Article 120
Violator of any one of the below shall be subject to fine of 300,000 yen or less.

1. Provisions of Articles 14, 15(1) or (3), 18(7), 22(1) thru (3), 23 thru 27, 32-2(2) (including for purposes of applying to applications of Articles 32-4(4) and 32-5(3)), 57 thru 59, 64, 68, 89, 90(1), 95(1) or (2), 96-2(1), 105 (including for purposes of applying to application of Article 100(3)), or 106 thru 109.
2. Ministry of Health, Labour and Welfare Regulations (limited for the purpose of applying Article 14) issued under the provisions of Article 70.
3. Provisions of Articles 92(2) or 96-3(2).
4. Those refusing, interfering, avoiding, not answering, false reporting, not submitting filings, or false reporting against inspection by Labor Standards Inspectors, Female Officers or by any other officials delegated the authority to inspect under provisions of Article 101 (including for the purposes of applying for the application of Article 103).
5. Those failing to report under the provision of Article 104-2, false reporting, or not appearing.

Article 121
(1) If a violator of this law is an agent of an employer for matters related to employees of the enterprise, employer shall be subject to the penalty of the respective Articles. Notwithstanding the above, employer shall not be subject to such treatment if the employer made reasonable efforts to avoid such violations.
(2) Employer shall be subject to penalty if the employer with knowledge of plans of violation, neglected to prevent such violation, with knowledge of acts of violation, did not take measures to prevent such violation or manipulated the act.