Article by: anees

As a general rule, Japanese laws concerning labor apply to all employees in Japan, regardless of nationality

When entering Japan as a tourist on vacation to settling down as a skilled professional, Japan has laws surrounding non-Japanese people traveling and living in Japan. Foreigners and tourists have their own rights on a variety of topics, including the human rights outlined in the United Nations Universal Declaration of Human Rights. As a general rule, Japanese laws concerning labor apply to all employees in Japan, regardless of nationality. It means that the Labor Standards Law, the Minimum Wages Law, the Industrial Safety and Health Law, the Workmen’s Accident Compensation Insurance Law, the Employment Security Law, and others also apply to foreigners. The Labor Standards Law stipulates that the employer shall not engage in discriminatory treatment concerning wages, working hours, or other working conditions because of nationality or another status of any worker. (Article 3, Labor Standards Law)

  

The two principal sources of employment law are the Labour Standards Act (the "LSA") and its Enforcement Ordinance, both of which provide minimum standards for the terms and conditions of employment contracts. In addition, the Labour Union Act (the "LUA") governs collective labor relationships, while the Labour Contract Law (the "LCL") governs individual labor relationships by providing for the principles under which a labor contract is to be entered into or changed through voluntary negotiations between a worker and an employer.   

The LCL also governs other basic matters concerning labor contracts. Other important sources of employment law include the Industrial Safety and Health Act, the Employment Security Act, the Act on Improvement, etc. of Employment Management for Part-Time Workers, and the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers (the "Temporary Staffing Services Law").  

In June 2018, the Japanese Diet passed laws to amend employment regulations (including the LSA and the LCL) and improve the working environment, focusing mainly on the problems of long working hours and wage gaps between regular workers and non-regular workers (the so-called "Work-Style Reform Laws"). The main parts of these new laws came into force on April 1, 2019. Some important court decisions also function as a source of law. The decisions of the higher courts, especially the Supreme Court, are seen as a source of law for lower courts, which usually hesitate to render judgments that contradict higher court rulings as such judgments would likely be overruled at the higher courts.  

Here are a List of-Foreigners Basic Labour Law& some of the things that Employer can`t do. 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)  

• A clear indication of working conditions

In concluding a labor 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 labor, intermediary exploitation.  

The employer must not force labor 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 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 at least 30 days before dismissal. In case an advance notice is not given 30 days before dismissal, the employer must pay him/ her the 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 are not less than the 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 a certain size and type 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 a 4-week period. (Article 35 of the Labour Standard Law).  

• Extra pay for overtime, work on holidays, and midnight work.  

To make a worker work more than the statutory working hours or on statutory holidays, the employer must comply with the certain procedure prescribed by the law and regulations. (Article 36 of the Labor Standard Law). For work done more than the statutory working hours, extra pay calculated at 25% or more of the wages payable for the normal working hours or workday 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 to carry with them their passport or certificate of alien registration. (Article 23 of the Immigration Control Law). Be careful not to entrust your passport to 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  

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 the provision of industrial safety and health education (education at the time of hiring) as well as conducting of health examination. If you have been discriminated against because of your nationality, please consult with the Japanese government or a local organization. Private groups, as well as NGOs and NPOs working on human rights issues, are also able to offer accessible advice and help. Needless to say, this also goes for other forms of discrimination, be it based on race, gender, or religion, to name a few examples.  

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Labour law and rights

*This information is from the time of this article's publication, Information mentioned is subject to change.