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. Extra pay for overtime, work on holidays and midnight work.The statutory holidays are one day a week, or 4 days or more in 4-weekperiod.(Article 35 of the Labour Standard Law). (Articles 32,40 and 131 of the Labour Standard Law). The statutory working hours are 8 hours, a day, 40 hours a week (for certain size and types of industry, 44 hours a week). The amount of minimum wages is fixed according to regulations and industry. The employers must pay his/her worker wages which is not less than the amount of minimum wages stated by the Minimum Wages Law. within 7 days following the receiving of the former's request for payment. In case a worker resigns from his employer, the latter must pay the former outstanding wages, etc. Concerning the payment in full, however, exceptions are made such as statutory deductions for taxes, employment insurance and agreed deductions for union dues, etc. Wages must be paid to the workers in currency, directly, in full, at least once a month, and on a fixed date. (Article 20 and 21 of the Labour Standards 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. 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. 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. (Article 19 of the Labour Standards Law). Restrictions on the dismissals of workers who have been injured in an industrial accident and are under medical treatment.ĭismissing 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 16 of the Labour Standards Law). 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. Prohibition of a contract which describes the payment of a penalty, damages, etc.(Articles 5 and 6 of the Labour Standards Law). Unless authorized under the law, he/she must not make a profit by intervening as a business in the employment of others. The employer must not force labour upon workers by acts of violence or intimidation against the latter's will. Prohibition of forced labour, intermediary exploitation.by documents ( Employment notification ) etc., which show clearly the contents. In finding employment, it is recommendable to make sure of essential working conditions such as wages, working hours, etc. (Article 15 of the Labour Standards Law). Regarding wages, in particular, it is necessary to indicate them clearly in writing. In concluding a labour contract, the employer must clearly indicate wages, working hours, etc. Clear indication of working conditions.of the foreign national's home country are not as good as those in Japan. It is prohibited to discriminate against people because of their nationality.Īlso it is prohibited to discriminate by the reason that working conditions, etc.Labour related laws and regulations in Japan you need to be aware ofįor 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. Labour related laws you need to be aware of This section explains some basic information briefly which should be recognized by foreigners working in Japan or intending to do so.įoreign nationals who are permitted to work in Japan and those who are not.
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