Japanese labor law is a labor law system operating in Japan.
Video Japanese labour law
Kontrak dan hak
The scope of Japanese labor law is defined by the Civil Code of Japan. Article 622 defines an employment contract, section 632 defines a contract for employment, and section 643 establishes a mandate contract. The parties are free to decide on the functional nature of their contract, but labor rights apply regardless of the label in the contract. The court uses a subordinated test to determine whether a person is an employee or an entrepreneur.
Work contract
Under the Civil Code, a contract in which one person performs service for another with compensation may be interpreted as one of the following:
- work agreement ( ???? , koy? keiyaku ) where the object is the completion of work under the direction of the employing party.
- independent contractor agreement , ukeoi keiyaku object is the completion of a particular task.
- credential agreement ( ???? , this is my ) where, similar to the power of attorneys in the common law countries, one party performs the assigned task on behalf of the other. These tasks are usually legal actions but may be non-legal actions, in this case, the agreement is referred to as quasi-mandates ( ??? , jun-inin ) .
The employment agreement is governed by the Civil Code and by the Labor Standards Act of 1947 ( ????? , R? ? -kijun-h? ) . (The JETRO references below cover this subject.) Some general guidelines follow Some items apply only to companies with ten or more employees.
The conditions of employment shall be clearly defined in the employment agreement or in the additional rules given to the employee.
Pay
Japan has minimum wage laws: the actual amount is based on local living costs and therefore varies from region to region (see link below).
Pay must generally be provided in full, in cash, and paid directly to employees on or on a certain day of the month (as per contract).
Cash payments are usually made by electronic funds transfer. The maximum payment period is one month, which is the standard payment period throughout Japan, although bonuses and other additional payments such as commute allowance can be paid at longer intervals.
Working time
Since 1987, Japan has adopted the principle of 40 hours a week. If people work more than eight hours per day, 40 hours per week, or on weekends (and one weekly "weekend"), or late at night (10 pm to 5 am), they are entitled to overtime pay. According to the Employment Standards Act of 1947 section 37, this is 25% of the payout, or 35% on holidays. Since 2010, overtime rates of 50% apply to people who work more than 60 hours a week. However, even though overtime is required by law, Japanese companies before 1990 are known to take employees to court at employee's request for overtime or other legitimate compensation. Also, collective agreements may extend the normal working week.
If an employee works six to eight hours a day, they are entitled to 45 minutes. If an employee works eight hours a day, they are entitled to a one-hour break.
The Labor Standards Act of 1947 grants the right to annual leave paid on the basis of seniority of employees. Since 1988, employees have the right to ten days of annual leave after their employees work for the first 6 months. The minimum amount of annual leave increases every year after following a fixed schedule (as per contract), usually up to twenty working days per year. An employee is entitled to one day off per week unless they receive four or more days off in each four-week period.
Some forms of unpaid leave are also provided by law, including maternity leave, child care leave, family care leave and maternity leave.
Maps Japanese labour law
Participation
Under the Japanese Constitution article 28, everyone has the right to union and collective bargaining. Under the Labor Union Act of 1949, article 7 (2) the refusal of an employer to negotiate with the union in good faith, for no good reason, is an unfair labor practice. The obligation to bid in good faith extends to managerial issues that affect working conditions.
Under the 1949 Workers Union Act of 18, an order of the Minister may extend the terms of the collective agreement if the employer and the union asks him or her to a particular region or sector. But in practice this is very little used. Under the Workers Union Act of 1949 Chapter 7 (1) closed shop agreements are permitted with a majority of trade unions.
Japan has, unlike the majority of OECD countries, there is no right of workers to elect a member of the company's board of directors. There is no statutory right to choose a working council with binding rights, even if the company uses an extensive employee consultant committee. If no union is recognized by the majority, the employee committee may enter into an agreement with the same effect as the collective agreement. Under the Labor Union Act of 1949, article 38 (4) the use of health and safety committees is discretionary.
The Constitution of Japan article 28 contains the basic right to strike, or take collective action to defend the interests of workers. However, there is no protection for unofficial strikes without union support, political strikes, and secondary actions have been suppressed since 1975 case law. The "defensive" key aimed at restoring the "balance" between the collective parties is permitted. There is also a requirement to inform the employer 10 days prior before the strike in the "essential" service under the Labor Relations Adjustment Act, article 37 (1). A strike violating a peace obligation does not in itself violate the law and is not grounds for dismissal. The dismissal of taking part in a legitimate strike is not permitted but there is no prohibition to employ a replacement during the strike.
Equality
Discrimination
Article 4 of the Labor Standards Act of 1947 prohibits discrimination in wages by sex: "An employer shall not engage in discriminatory treatment of a woman in comparison with a man in respect of wages for the reason of the worker being a woman."
Subsequent legislation has also banned different forms of treatment previously used to circumvent this provision. For example, women should be given the same job, job training, promotion opportunities and retirement plans as men. Despite legislation, it is reported that wage and promotion differences between men and women are among the highest of so-called developed countries.
Article 3 of the Labor Standards Act of 1947 prohibits ethnic, national and religious discrimination by employers in the case of working conditions: "An employer shall not engage in discriminatory treatment in respect of wages, working hours or other conditions of work for reasons of citizenship, social of every worker... "
Article 7 of the Trade Union Act of 1949 prohibits discrimination against persons who join or attempt to join trade unions, or who participate in union activities.
Atypical workers
Since 2008, part-time workers have the right to equal treatment with full-time workers if they have contracts indefinitely. If part-time workers have a fixed term contract, there is no right to equal treatment. Case law has stated that different redundancy payments between regular workers and others are potentially justified. Contract contracts remain unrestricted, and there is no right to equal treatment with permanent workers. The Labor Standards Act of 1947 section 14 states that the maximum term of a fixed contract is three years, but there is no limit to renewal or any necessary reason. Case law suggests updates are possible. However, since 2013, the fixed term contract will be converted into a permanent contract after five years if the employee submits a request, unless the update can be considered socially acceptable.
Until the 1986 Employment Law, the agent's work was strictly controlled and limited to a number of sectors. The rules were liberalized in 1996 and 1999 and then restrictions were removed in 2004. Agency workers have no right to equal treatment with directly employed staff.
Work security
Long-term employment contracts are generally limited to one year (there are some exceptions). For staff bertenor, the term is not specified (but of course the retirement age is usually stated). If the contract is a full-year contract, and has been updated at least once, then the compensation - usually a one-month payment for each year of work - is often negotiated.
According to the Labor Standards Act 1947 of article 20, employers should normally give notice 30 days prior to dismissal, or pay in lieu of notice. An employee is allowed to resign at any time (usually two weeks notice is required).
An employer may only fire an employee for rational, reasonable, and socially acceptable reasons. There is no qualifying period for this right. The main criterion for fair dismissal is that it follows a fair procedure, since case law from 1970. Reasonable reason for dismissal is defined by the Labor Contract Act 2008. However, restoration is rare and compensation is a normal recovery under Civil Code of Japan, articles 546 and 709.
Dismissal is specifically prohibited for:
- The maternity leave of a female employee, and for 30 days thereafter.
- Hospitalization of employees following occupational illness or injury, and for 30 days thereafter.
An employee who plans to refuse dismissal must say so, demands that the reason be given in writing, and may not receive a thirty day payment in lieu of notice - as this may be construed as accepting dismissal.
There is no legal right to redundancy payments, and there is no rule about priority in redundancy based on seniority.
The 1974 Employment Insurance Law gives workers who lose their job allowance.
See also
- Religious freedom in Japan
- Japanese Law: Employment Law
- Family law in Japan
- Claim for termination of JNR (1987)
- Prada gender discrimination case (2012)
- The Law of Cooperation Opportunity (Japan)
General:
- Trade unions in Japan
- Human Rights in Japan
International:
- British labor law
- German labor law
- European labor law
- US labor law
Note
References
- Z Adams, L Bishop, and S Deakin, CBR Employment Regulatory Index (Dataset of 117 Countries) (Cambridge: Center for Business Research 2016)
External links
- Labor contract and labor law from the Iidabashi consulting center and the 2008 Foreign Workers Handbook 2008
- Guidelines on working conditions and National hourly minimum wage (in Japanese)
- Guide of the university teacher union to labor rights
- Legal & amp; Regulation on Business Arrangement in Japan: Human Resource Management (JETRO)
- Employment law (in English) - including the Employee Attestation legislation
- Labor Standards law (in English); official bilingual version
Source of the article : Wikipedia
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