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1) Relevant Laws
1) Relevant Laws
If you're seeking employment opportunities in Japan, it's crucial to understand the laws that pertain to your employment. The "Guidelines for Employees to Ensure Proper Employment Management for Foreign Workers" (referred to as the "Guidelines") issued by the Ministry of Health, Labor, and Welfare outline essential measures that should be taken into account by both employers and job seekers when considering employment of foreign nationals.
According to the Guidelines, labor-related laws and social insurance-related laws and regulations apply to individuals, regardless of their nationality. As a job seeker, you must ensure that you are aware of and follow these relevant laws and procedures.
These laws encompass various aspects and include the Law Concerning Comprehensive Promotion of Labor Security, Worker Dispatching Law, Employment Insurance Law, Labor Standards Law, Minimum Wage Law, Industrial Safety and Health Law, Workers' Accident Compensation Insurance Law, Labor Contract Law, Labor Union Law, Law Concerning Equal Employment Opportunity for Men and Women, Health Insurance Law, and the Employees' Pension Insurance Law.
This article will particularly focus on the following crucial laws: "Labor Standards Law," "Employment Countermeasures Law," "Minimum Wage Law," and "Immigration Control and Refugee Recognition Law."
2) Labor Standards Law
2) Labor Standards Law
①) The Labor Standards Law
①) The Labor Standards Law
The Labor Standards Law establishes the minimum working conditions that employers must adhere to, applying to all workers regardless of their employment status, including regular employees, contract employees, and part-time workers.
The Law strictly prohibits discrimination against workers based on nationality, creed, or social status (Article 3). Therefore, these rules are applicable to all workers, regardless of their nationality.
②）Working Hours
②）Working Hours
Maximum working hours are generally set at 8 hours per day and 40 hours per week (Article 32, Paragraphs 1 and 2).
Employees are entitled to at least one day off per week (Article 35, Paragraph 1).
Rest periods of at least 45 minutes are required when working hours exceed 6 hours and at least 1 hour when working hours exceed 8 hours (Article 34, Paragraph 1).
Overtime or holiday work requires a "36 Agreement" to be concluded and submitted to the Labor Standards Inspection Office (Article 36, Paragraph 1).
The maximum monthly overtime hours are typically set at 45 hours (Article 36, Paragraph 4). However, they can temporarily exceed this limit during busy periods, up to 100 hours per month or 720 hours per year (Article 36, Paragraph 5).
Premiums of at least 25% and 50% of the regular wage apply for overtime work, depending on the total hours worked in a month (Article 37, Paragraphs 1 and 2).
For work performed on holidays, a premium of at least 35% of the regular wage is required.
③）Paid Leave
③）Paid Leave
◆After six months of continuous employment and working at least 80% of all working days, workers are entitled to at least 10 days of paid leave (Article 39). Additional days are granted for each year of continuous service.
④）Wages
④）Wages
Employers must pay wages directly to workers in currency at least once a month on a fixed date (Article 24, Paragraphs 1 and 2). Foreign employees must be compensated based on the minimum wage, ensuring fair treatment similar to Japanese employees.
Minimum Wage Law
Understanding the Minimum Wage Law
The Minimum Wage Law mandates that employers pay workers at least the minimum wage, determined as an hourly rate (Article 3). The minimum wage is applicable to basic wages paid monthly, excluding overtime, holiday, and commuting allowances.
⑤）Key Points:
The minimum wage has been increasing over the years, with the national average in 2022 set at 961 yen per hour.
Contracts offering wages below the minimum wage are considered null and void (Article 4, Paragraph 2).
Regional and specific industry-based minimum wages are revised annually. Employers should ensure they pay the higher of these two amounts.
3) Employment Countermeasures Law
3) Employment Countermeasures Law
①）Purpose of the Employment Countermeasures Law
①）Purpose of the Employment Countermeasures Law
The Employment Countermeasures Law, officially known as the "Law Concerning Comprehensive Promotion of Labor Measures and Stabilization of Employment and Improvement of Working Lives of Workers," aims to:
Stabilize job positions.
Improve economic and social status.
Foster economic and social development.
Achieve full employment.
Notification of Employment Status of Foreign Nationals:
Employers are required to submit a "Notification of Employment Status of Foreign Nationals" when hiring or terminating foreign workers (Article 28, Paragraph 1).
Ensure that you are aware of and comply with these requirements to avoid legal consequences.
②）Guidelines for Employment Management of Foreign Workers
②）Guidelines for Employment Management of Foreign Workers
Understanding the Guidelines
Understanding the Guidelines
Article 7 of the Employment Countermeasures Law imposes an obligation on employers to take measures facilitating the adjustment of foreign nationals to their jobs and improving their employment management. Article 8 authorizes the Minister of Health, Labor, and Welfare to establish and publish guidelines necessary for employers to ensure appropriate employment management for foreign workers.
These guidelines provide essential measures for both employers and job seekers employing foreign workers. Please carefully review them for detailed information.
③）Immigration Control and Refugee Recognition Act
③）Immigration Control and Refugee Recognition Act
About the Immigration Control and Refugee Recognition Act
The Immigration Control and Refugee Recognition Act regulates the entry, exit, and stay of all individuals in Japan, including foreign nationals residing in the country.
Foreign nationals intending to live and work in Japan must obtain specific statuses of residence as defined by this law (Article 2-2). Status of residence are based on your area of activity.
Foreigners with activity-based statuses are limited to working within the scope of their status or may not be allowed to work, depending on their specific status.
Consequently, it is essential for job seekers and employers to verify whether a foreign national's status of residence allows for employment within a particular job role. Engaging in activities outside the scope of one's status of residence may result in legal penalties, including imprisonment and fines.
Compliance with these regulations is crucial to ensuring a smooth transition to employment in Japan.
6) Summary
6) Summary
In this article, we have outlined the key laws relevant to job seekers in Japan. While we have focused on specific laws, it's essential to recognize that many other legal requirements apply, similar to those for Japanese nationals. To avoid any legal issues, it's crucial to ensure full compliance with all applicable laws and regulations.
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