Labor Standards Act
A law that sets minimum standards for working conditions.
A contract and labor regulations that do not meet the minimum standard of this law will be invalidated and the conditions of this law will be applied.
No-one shall be discriminated against in work conditions, in the wage they receive, their working hours, etc for the reason of their race, nationality, creed, social status, etc. Discrimination about their sex is stipulated under a different law.
Prohibition on Establishing the Compensation for Loss or Damage in Advance
An employer must not form a contract that prescribes a monetary penalty for breach of a labor contract or establishes the amount of compensation for loss or damage in advance.
Off-Hours Work and Work On Days Off
The employer must pay the worker premium wages for time worked in excess of legal working hours, for example if they worked on a day off, or worked a late night shift.
The employer must give the employee at least one day off every week.
The employer must not make the employee work more than 40 hours per week (excluding break time.), unless the employer and the employee are under mutual agreement.
Disadvantageous treatment for workers who have filed a declaration with the supervisory authority
An employee can report the company to a government office or a Labor Standards Inspector if there is a violation of the Labor Standards Act or a violation of an order covered under the Labor Standards Act. The employer shall not dismiss or give disadvantageous treatment to the employee due to them making this report.
If the business is closed under the employer's responsibility, the employer has to pay the employee allowance that is more than 60% of their usual salary while the business remains closed.
Guaranteed salary for piecework payment
For workers who are paid in a piecework payment system or other contract system, the employer must guarantee a certain amount of wages according to the working hours.
Obligation to make Employment Regulations and report
An employer who always have more than 10 employees are required to make Employment Regulations and report them to The Labour Standards Inspection Office.
Prohibition of forced labor
The employer must not force the employee to work against their will by assault, intimidation, confinement, or any other ways of illegal activitiy restraining their employees mental or physical freedom.
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Even if the company is managed by foreigners, they are eligible except if you are one the following:
- A company executive
- A business that hires only relatives living together
- A national public officer
- A local public officer (They are eligible except for some)
- Outsourcing/contracting (They are not eligible in principle, but it is applicable if labor relations are approved)
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★ The Labour Standards Inspection Office has jurisdiction over this law.