Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991, Act No. 76 of May 15 1991. Translated April 1 2009 including amendments up to Act No. 160 of 2004. Published by Japanese Law Translation at http://www.japaneselawtranslation.go.jp/law/detail/?ft=1&re=02&dn=1&co=01&ky=act+on+welfare+of+workers+who+take+care+children&page=8 and accessed 22 November 2011.
Remarks: The Ministry of Health, Labor and Welfare has published a document titled 'Introduction to the Revised Child Care and Family Care Leave Act', summarising amendments made by a revision of the Act in June 2009 and effective from 30 June 2010. At the time of writing, an English version of the Act incorporating these amendments was not available. Accordingly, some of the information contained in this report may not reflect the current state of entitlements. The Ministry document is therefore attached for the reader's reference.
Name of Act
Labor Standards Act No. 49 of 7 April 1947, 2006 edition incorporating amendedments up to Act No. 147 of 2004. Published by the Cabinet Secretariat at http://www.cas.go.jp/jp/seisaku/hourei/data/LSA.pdf and accessed 28 November 2011.
Act on National Holidays, Act No. 178 of 1948. Published by the Government of Japan at http://law.e-gov.go.jp/cgi-bin/idxsearch.cgi. No English translation available (see http://www.japaneselawtranslation.go.jp/law/detail/?ft=1&re=02&dn=1&co=01&ha=02&la=01&x=51&y=5&ky=holidays&page=18). List of public holidays attached.
Act on Improvement, etc. of Employment Management for Part-Time Workers 1993, Act No. 76 of June 18, 1993. Published by Japanese Law Translation at http://www.japaneselawtranslation.go.jp/law/detail/?id=5&vm=04&re=01&new=1 and accessed 22 November 2011.
Labor Contract Act 2007, Act No. 128 of December 5, 2007. Published by the Japan Institute for Labour Policy and Training 2008 at http://www.jil.go.jp/english/laborinfo/library/Laws.htm and accessed 17 May 2011.
Ordinance for Enforcement of the Labor Standards Act, Ordinance of the Ministry of Health and Welfare No. 23 of August 30, 1947, 2007 edition incorporating revisions of Ordinance No.101 of the Ministry of Health, Labour and Welfare, June 4 2004. Published by the Cabinet Secretariat at http://www.cas.go.jp/jp/seisaku/hourei/data/oelsa.pdf and accessed 28 November 2011.
Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members Including Child Care and Family Care Leave. Ordinance of the Ministry of Labor No. 25 of October 15, 1991. Published by the Ministery of Health, Labour and Welfare at http://www.mhlw.go.jp/general/seido/koyou/ryouritu/english/e4.html and accessed 27 November 2011.
Worker shall mean one who is employed at an enterprise or place of business and receives wages therefrom, without regard to the kind of occupation.
However, the provisions of the Labour Standards Act regulating working time and leave do not apply to certain groups of workers, including managerial or supervisory workers, workers handling confidential matters and, with the permission from the relevant government agency, workers engaged in monitoring or intermittent labour. Persons engaged in enterprises stipulated in items (vi) and (vii) of Annexed Table No. 1 to the Labour Standards Act are also excluded from the working time provisions of the Act, but no such table was identified in the English translation available.
Labor Standards Act 1947 §§9, 41
Employer
Employer shall mean the business operator or manager of the enterprise or any other person who acts on behalf of the business operator of the enterprise in matters concerning the workers of the enterprise.
Labor Standards Act 1947 §10
Part-time work(er)
For the purposes of the Act on Improvement, etc. of Employment Management for Part-Time Workers 1993, ’part-time worker’ means a worker whose prescribed weekly working hours are shorter than those of ordinary workers employed at the same place of business (or said ordinary workers who are engaged in the same kind of work as said workers, unless otherwise specified by Ordinance of the Ministry of Health, Labour and Welfare, if the worker is engaged in the same kind of work as said ordinary worker employed at the said place of business).
Act on Improvement, etc. of Employment Management for Part-Time Workers 1993 §2
NORMAL HOURS LIMITS
Daily hours limit
General limit
An employer shall not have a worker work more than 8 hours per day for each day of the week, excluding rest periods.
Labor Standards Act 1947 §32(2)
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Exceptions
Workers in retail businesses, hotels, restaurants and eating and drinking places may be required to work up to 10 hours per day where agreement is reached between the employer and a union or other representative of the majority of workers.
Workers who are covered by a written agreement between their employer and a labour union or other representative of the majority of workers, providing for the averaging working hours over a period of up to 1 year, may also be required to work up to 10 hours in one day.
Finally, the daily limit on hours may be exceeded by an unspecified amount where: (a) there is an extraordinary need, due to a disaster or other unavoidable circumstances and the employer has obtained the permission of the competent government authority or, if urgent, notifies the authority after the fact; and (b) where special provisions with respect to working hours have been established by the Ministry of Health, Labour and Welfare in order to avoid public inconvenience or due to another special need.
Labor Standards Act 1947 §§32-2, 32-3, 32-4, 32-5, 33, 40, 41 Ordinance for Enforcement of the Labor Standards Act 1947 §§12-4(4), 12-5
Remarks: According to the scope of Chapter IV (Working Hours, Rest Periods, Days Off and Annual Paid Leave), the daily hours limit does not apply to certain groups, including managerial or supervisory workers, workers handling confidential matters and, with the permission from the relevant government agency, workers engaged in monitoring or intermittent labour. Persons engaged in enterprises stipulated in items (vi) and (vii) of Annexed Table No. 1 to the Labour Standards Act are also excluded from the working time provisions of the Act. However, no such table was identified.
Special categories
» Flexitime work
Workers who are given discretion as to their starting and finishing time for work may be required to work more than 8 hours in a day where written agreement has been reached between the employer and the union or other representative of the majority of workers.
Labor Standards Act 1947 §32-3
» Young workers
For workers aged 13-15 years, 7 hours per day including school hours.
Workers aged 15-18 years may be required to work 10 hours in a day, provided that the total weekly working time does not exceed 40 hours and the working hours on another day is reduced to no more than 4 hours.
Labor Standards Act 1947 §§32(1), 60(2), 60(3)
» Pregnant workers/recent birth
The Labor Standards Act prohibits employers from having an expectant or nursing mother work in excess of 8 hours per day, pursuant to a weekly hours averaging scheme, if so requested by the expectant or nursing mother.
Further, the Act on the Welfare of Workers Who Take Care of Children etc obliges employers to take measures of shortening of working hours, upon application from an employed worker who takes care of a child under one year of age but who does not take Child Care Leave.
Labor Standards Act 1947 §66(1) Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §§23(1), 24(1)
Remarks: The Act on the Welfare of Workers Who Take Care of Children etc 1991 also requires employers to: (i) take measures of shortening of working hours upon application from an employer worker who takes care of a child over one year of age and under three years of age; and (ii) endeavour to take such measures upon application from an employed worker who takes care of a child over three years and before the time of commencement of elementary school.
The Act contemplates that a Ministerial Ordinance shall be made with respect to the measures of shortening of working hours. At the time of writing, no such Ordinance was identified.
Weekly hours limit
General limit
An employer shall not have a worker work more than 40 hours per week, excluding rest periods.
Labor Standards Act 1947 §32(1)
Historical data (year indicates year of data collection)
2009: 40 hours
2007: 40 hours
1995: 40 hours.
Reference period(s)
A working week is to be a maximum of 6 days.
Labor Contract Act 2007 §35 Ordinance for Enforcement of the Labor Standards Act 1947 §12-4(5)
Exceptions
Exceptions in averaging arrangements: Workers who are covered by a written agreement between their employer and a labour union or other representative of the majority of workers, providing for the averaging working hours over a period of up to 1 year, may be required to work up to 52 hours in one week, provided that they are not required to work more than 48 hours in any 3 consecutive weeks or more than 40 hours per week on average.
The weekly working hour limit may also be exceeded where a written agreement exists between the employer and a labour union or other representative of the majority of workers, providing for the averaging working hours over a period of up to 1 month. In these cases, there is no statutory maximum on the number of hours that may be worked in one week.
Exceptions in case of emergency: The weekly hour limit may be exceeded in cases of extraordinary need due to disaster or other unavoidable event, with the prior permission or (in cases too urgent to obtain prior permission) subsequent notification of the relevant government agency.
Exceptions for small / micro enterprises: Employers in prescribed industries who usually employ less than 10 workers may require their workers to work up to 44 hours in a week.
Labor Standards Act 1947 §§32-2, 32-3, 32-4, 33, 40, 41 Ordinance for Enforcement of the Labor Standards Act 1947 §§12-4(4), 25-1
Remarks: According to the scope of Chapter IV (Working Hours, Rest Periods, Days Off and Annual Paid Leave), the daily hours limit does not apply to certain groups, including managerial or supervisory workers, workers handling confidential matters and, with the permission from the relevant government agency, workers engaged in monitoring or intermittent labour. Persons engaged in enterprises stipulated in items (vi) and (vii) of Annexed Table No. 1 to the Labour Standards Act are also excluded from the working time provisions of the Act. Table No. 1 to the Act also sets out the prescribed industries for the purposes of the 44 hour exception above. However, no such table existed in the available versions of the Act.
Special categories
» Flexitime work
Workers who are given discretion as to their starting and finishing time for work may be required to work more than 40 hours in a week where written agreement has been reached between the employer and the union or other representative of the majority of workers, provided workers work an average of 40 hours per week when calculated over the reference period not exceeding 1 month.
Labor Standards Act 1947 §32-3
» Young workers
For workers aged 13-15 years, 40 hours per week including school hours. For workers aged 15-18 years, 40 hours per week.
The averaging of weekly hours are not allowed for any worker under the age of 18 years.
Labor Standards Act 1947 §§32(1), 60
» Pregnant workers/recent birth
The Labor Standards Act prohibits employers from having an expectant or nursing mother work in excess of 40 hours per week, pursuant to a weekly hours averaging scheme, if so requested by the expectant or nursing mother.
Labor Standards Act 1947 §66(1)
OVERTIME WORK
Criteria for overtime
General
Workers may be required to work overtime where: (1) the employer has entered a written agreement with a union or other representative of the majority of workers allowing for overtime work and notified the relevant government agency of the agreement; or (2) there is an extraordinary need, due to a disaster or other unavoidable circumstances and the employer has obtained the permission of the competent government authority or, if urgent, notifies the authority after the fact.
Where a written agreement allowing for overtime work has been entered into, the agreement shall clarify the specific reasons why workers are required to work overtime.
Labor Standards Act 1947 §§33(1), 36(1) Ordinance for Enforcement of the Labor Standards Act 1947 §16(1)
Worker`s influence
No provision for worker influence on overtime, beyond the extent to which it is realised or provided for by a written agreement bewteen the employer and union or worker representative.
Labor Standards Act 1947 §36(1)
Limits on overtime hours
General limits
Generally, any limits on overtime work shall be set by the written agreement which provides for overtime to be worked.
The only statutorily-set limits on overtime apply to below-ground laborers and other workers performing particularly harmful to health. These workers cannot be required by a written agreement to work more than 2 hours of overtime per day.
No limits are imposed on overtime performed due to an extraordinary need.
Labor Standards Act 1947 §§33, 36(2), 36(3) Ordinance for Enforcement of the Labor Standards Act 1947 §§16(1), 18
Remarks: The other types of work to which the 2 hour limit applies as they are particularly harmful to health are as follows: (i) Work for which workers handle a large quantity of intensely heated materials, and work in an extremely hot place; (ii) Work for which workers handle a large quantity of cold materials, and work in an extremely cold place; (iii) Work for which workers are exposed to radium rays, Xrays, or some other injurious radioactive rays; (iv) Work in a place where a large quantity of dust or powder of earth, rocks, fur, or some other equivalent is scattered; (v) Work under unusual atmospheric pressure; (vi) Work for which workers receive an extreme vibration by operating a rock drill, riveter, or some other equivalent; (vii) Hard work such as those for which workers handle heavy materials; (viii) Work such as boiler manufacturing engaged in an extremely noisy place; (ix) Work in a place where particulate, vapor or gas of lead, mercury, chrome, arsenic, phosphorus, fluorine, chlorine, hydrochloric acid, nitric acid, sulphur dioxide, sulphuric acid, carbon monoxide, carbon disulphide, hydrocyanic, benzene, aniline, or some other injurious material is generated; (x) Work designated by the Minister of Health, Labour and Welfare other than those listed in the preceding items.
Historical data (year indicates year of data collection)
1995: No generally applicable limit.
Restrictions/exceptions
No relevant provisions identified.
Compensation for overtime work
Overtime rate(s)
Compensation rates payable for working overtime shall be set by cabinet order within the range of 25-50% over the normal wage per working hour or day.
Where overtime is performed between 10pm and 5am, the employer shall pay premium wages for that work at a rate no lower than 50% over the normal wage per working hour.
Labor Standards Act 1947 §37(1), (2) Ordinance for Enforcement of the Labor Standards Act 1947 §§19, 20(1), 21
Remarks: In setting the compensation rate, cabinet shall consider the welfare of workers, trends in work on rest days and other relevant circumstances.
Historical data (year indicates year of data collection)
2009: 25%-50% increase
2007: 25%-50% increase
1995: 25% premium, 35% for work on rest days and public holidays.
Exceptions
In accordance with the scope of Chapter IV of the Labour Standards Act, the right to additional compensation for overtime does not apply to: (a) managerial or supervisory workers, (b) workers handling confidential matters, and (c) with the permission of the relevant government agency, workers engaged in monitoring or intermittent labour.
Labor Standards Act 1947 §41
Remarks: Persons engaged in enterprises stipulated in items (vi) and (vii) of Annexed Table No. 1 to the Labour Standards Act are also excluded from the working time provisions of the Act, but no such table was identified in the English translation available.
Compensatory rest
Where overtime has been performed due to an extraordinary need without the prior permission of the relevant government agency, the agency may order the employer to provide the workers with rest periods or days off equivalent to the overtime that they worked if it determines that the overtime was inappropriate.
Labor Standards Act 1947 §33(2)
Compensation procedure
No relevant provisions identified.
Notice of requirement to work overtime
General provisions
No relevant provisions identified.
Special categories
Pregnant workers/recent birth
In the event that an expectant or nursing mother has so requested, an employer shall not have her work overtime.
Labor Standards Act 1947 §66(2)
Parents
An employer must not require a worker who is taking care of a child before the time of commencement of elementary school, and who makes a request for the purposes of taking care of that child, to work more than 24 overtime hours per month and 150 overtime hours per year.
However, this does not apply: (i) in the event that the limitation would impede normal business operations; (i) if the worker has been employed by the relevant employer for less than 1 year; (ii) if the worker’s spouse is a parent of the child and is deemed (by Ministerial Ordinance) to be a person who can normally take care of said child; or (iii) if the worker is deemed (by Ministerial Ordinance) to be a worker in relation to whom there is a reasonable reason for said request not being granted.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §17(1) Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members etc 1991 Chapter 3-3
SCHEDULES
General
Matters pertaining to the times at which work begins and at which work ends, rest periods, days off, leaves, and matters pertaining to shifts when workers are employed in two or more shifts, shall be set by rules of employment drawn up by the employer and submitted to the relevant government agency, with the views of the labour union or other person representing the majority of workers. However, this requirement only applies to employers who continuously employ 10 or more workers.
All labour contracts shall be concluded or changed between a worker and an employer while giving consideration to the harmony between work and private life.
Employers who do not continuously employ 10 or more workers are not required to establish rules of employment setting out the prescribed matters with respect to working time.
Labor Standards Act 1947 §89(1)
Compressed workweek
No relevant provisions identified.
REST PERIODS
Rest breaks
General provisions
Employers must provide at least 45 minutes of rest periods in the event that working hours exceed 6 hours, and 1 hour of rest periods if working hours exceed 8 hours.
Labor Standards Act 1947 §34(1)
Historical data (year indicates year of data collection)
2009: Forty-five minutes if working hours exceed six. One hour if working hours exceed eight.
Employers employing more than ten workers shall draw up employment rules respecting rest periods.
2007: Forty-five minutes if working hours exceed six. One hour if working hours exceed eight.
Employers employing more than ten workers shall draw up employment rules respecting rest periods.
1995: 45 minutes breaks for working time exceeding 6 hours.
Exceptions
The rest break requirements do not apply to: (i) engineers of a train, diesel railcar, electric railcar, automobile, ship or aircraft, drivers, pilots, conductors, train masters, baggagemen, trainmen, stewards, air conditioning engineers and power supply officers who continuously work on board over a long distance for prescribed businesses; (ii) workers who are employed for the postal, mail delivery, telegraphic, or telephone businesses, having less than 30 indoor workers; (iii) police officials, fire fighting officials, fulltime firefighters, and workers of institutions to support resocialization of minors who live together with consigned children; and (iv) workers of an infant home, home for dependent, neglected, and abused children, facility for children with intellectual disabilities, home for blind, deaf, and dumb children, and home for limb or body disabled children who live together with consigned children.
Labor Standards Act 1947 §40 Ordinance for Enforcement of the Labor Standards Act 1947 §§32, 33
Daily rest periods
Duration
No relevant provisions identified.
Historical data (year indicates year of data collection)
1995: No legal provision.
Weekly rest periods
Duration
» General
Employers are required to provide workers with at least 1 day off per week.
Labor Standards Act 1947 §35(1)
Historical data (year indicates year of data collection)
2009: 1 day
2007: 1 day
1995: 1 day.
» Exceptions
The weekly rest day requirement does not apply to an employer who provides workers with at least 4 rest days during a four-week period.
Labor Standards Act 1947 §35(2)
Remarks: According to the scope of Chapter IV (Working Hours, Rest Periods, Days Off and Annual Paid Leave at §41), the weekly rest requirement does not apply to certain groups, including managerial or supervisory workers, workers handling confidential matters and, with the permission from the relevant government agency, workers engaged in monitoring or intermittent labour. Persons engaged in enterprises stipulated in items (vi) and (vii) of Annexed Table No. 1 to the Labour Standards Act are also excluded from the working time provisions of the Act. However, no such table was identified in the English translation available.
Day specified
» General
No day specified by statute.
Work on weekly rest day
» Criteria
Workers may be required to work on a weekly rest day where: (1) the employer has entered a written agreement with a union or other representative of the majority of workers allowing for work on weekly rest days and notified the relevant government agency of the agreement; or (2) there is an extraordinary need, due to a disaster or other unavoidable circumstances and the employer has obtained the permission of the competent government authority or, if urgent, notifies the authority after the fact.
Where a written agreement allowing for work on weekly rest days has been entered into, the agreement shall clarify the specific reasons why workers are required to work on weekly rest days.
Labor Standards Act 1947 §§33, 36 Ordinance for Enforcement of the Labor Standards Act 1947 §16(1)
» Compensation (for working on a rest day)
Compensation rates payable for working on a rest day shall be set by cabinet order within the range of 25-50% over the normal wage per working hour or day. Where work on weekly rest days is performed between 10pm and 5am, the employer shall pay premium wages for that work at a rate no lower than 60% over the normal wage per working hour.
Further, where work on a weekly rest day has been performed due to an extraordinary need without the prior permission of the relevant government agency, the agency may order the employer to provide the workers with equivalent rest periods or days off if it determines that the overtime was inappropriate.
Labor Standards Act 1947 §§33(2), 37(1), 37(2) Ordinance for Enforcement of the Labor Standards Act 1947 §20(2)
Remarks: In setting the compensation rate, cabinet shall consider the welfare of workers, trends in work on rest days and other relevant circumstances.
» Prohibitions and limitations
Where work on weekly rest days is performed pursuant to a written agreement, restrictions shall apply as stipulated by that agreement.
Where work on weekly rest days is performed due to an extraordinary need, no limitations apply beyond the requirement that the employer obtain the permission of the relevant government agency or, if not possible due to the urgency of the situation, notify the agency after the fact.
Labor Standards Act 1947 §§33(1), 36(1)
Special categories
» Pregnant workers/recent birth
In the event that an expectant or nursing mother has so requested, an employer shall not have her work on days off.
Labor Standards Act 1947 §66(2)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
To qualify to annual leave, workers must have been employed continuously for 6 months from the date of being hired and have reported for work on at least 80% of the total working days.
Labor Standards Act 1947 §39(1)
Duration
» General
The initial annual leave entitlement is 10 days’ leave.
Workers who have been employed continuously for at least one and half years shall be granted one additional day’s leave for each year of service, up to a maximum of 20 days’ leave.
Labor Standards Act 1947 §39(1), (2)
Remarks: For the purposes of calculating the entitlement to annual leave after the initial 6 month qualifying period, each year's service shall be measured from the end date of the 6 month qualifying period.
Historical data (year indicates year of data collection)
2009: 10 days
After 2 years of service, 1 day is added, to a maximum of 20 days' annual leave.
2007: 10 days
After 2 years of service, 1 day is added, to a maximum of 20 days' annual leave.
1995: 10 days.
» Exceptions
Where a worker has reported for work on less than 80% of the total working days, the employer is not obliged to grant the worker annual leave in the following year.
Labor Standards Act 1947 §39(2)
Payment
» Amount
The employer shall pay either the average wage or the amount of wages that would normally be paid for working the prescribed working hours, in accordance with the rules of employment or the equivalent thereto, calculated in accordance with §25 of the Ordinance for Enforcement of the Labor Standards Act 1947.
Labor Standards Act 1947 §39(6) Ordinance for Enforcement of the Labor Standards Act 1947 §25
» Date of payment
No relevant provisions identified.
Schedule and splitting
The employer shall grant paid leave during the period requested by the worker, unless: (a) this would interfere with the normal operation of the enterprise (in which case, the employer may grant the leave during another period); or (b) a written agreement has been entered into by the employer and a union or other representative of a majority of workers, which stipulates the period in which annual leave shall be granted.
Annual leave may be taken either in a consecutive period or divided periods of time.
Labor Standards Act 1947 §39(1), (4), (5)
Work during annual leave
The Labour Standards Act does not contemplate work during annual leave.
Special categories
» Part-time work
Part-time workers whose prescribed weekly working hours are at least 30 hours per week are entitled to the same amount of annual leave as full-time workers.
Part-time workers who work less than 30 hours per week are entitled to annual leave according to the number of days on which they work per week or per year, as follows: (i) 4 days per week or 169 to 216 days per year - an initial entitlement of 7 days, increasing by one additional day each subsequent year up to a maximum of 15 days; (ii) 3 days per week or 121 to 168 days per year - an initial entitlement of 5 days, increasing by one additional day each subsequent year up to a maximum of 11 days; (iii) 2 days per week or 73 to 120 days per year - an initial entitlement of 3 days, increasing by one additional day each subsequent year up to a maximum of 7 days; (iv) 1 day per week or 48 to 72 days per year - an initial entitlement of 1 day, increasing by one additional day each subsequent year up to a maximum of 3 days.
There are reportedly 15 national holidays in Japan, as follows: (1) 1st January - New Year’s Day (2) 2nd Monday of January - Coming of Age Day (Seijin no Hi) (3) 11th February - National Foundation Day (kenkoku kinen-no-hi) (4) 20 (or 21) of March - Vernal Equinox Day (Shunbun no hi) (5) [Golden Week] 29th April - Shõwa Day (Shõwa no hi) (6) [Golden Week] 3rd May - Constitution Memorial Day (Kenpõ Kinen-bi) (7) [Golden Week] 4th May - Greenery Day (Midori no hi) (8) [Golden Week] 5th May - Children’s Day (Kodomo no hi) (9) 3rd Monday of July - Marine Day (Umi no Hi) (10) 3rd Monday of September - Respect for the Aged Day (Keirõ no hi) (11) 22 (or 23) of September - Autumnal Equinox Day (Shubun no hi) (12) 2nd Monday of October - Health and Sports Day (Taiiku no hi) (13) 3rd November - Culture Day (Bunka no hi) (14) 23rd November - Labor Thanksgiving Day (Kinrõ kansha no hi) (15) 23rd December - The Emperor’s Birthday (Tennõ tanjõbi)
Act on National Holidays 1948
Payment
No relevant provisions identified as English translation of the Act on National Holidays not available.
Work on Public Holidays
» Criteria
No relevant provisions identified as English translation of the Act on National Holidays not available.
EMERGENCY FAMILY LEAVE
A worker who is taking care of a child before the time of commencement of elementary school may be entitled take up to 5 days’ leave per fiscal year to look after the child in the event of injury or sickness to the child, upon application for such leave to his or her employer.
Further, a worker who cares for a prescribed family member who is in a condition requiring constant care for a period of 2 weeks or more due to injury, sickness or physical or mental disability, may be eligible to apply for family care leave if the worker: (a) is employed on a permanent basis; or (b) has been employed on a fixed term basis for at least one year and is likely to be employed beyond the maximum period of leave. Family care leave may be taken for a maximum of 93 days, less any previous periods of leave taken in relation to the family member and any days on which the worker exercised his or her right to shortened working hours in respect of the family member.
An employer may only refuse an application for sick/injured child care leave or an application for family care leave if the employer has entered into a written agreement with a union or person representative of the majority of workers, which entitles the employer to refuse family care leave applications from employees who have: (i) in the case of application for sick/injured child care leave - less than 6 months service; or (ii) in the case of application for family care leave - less than 1 year’s service; or (ii) in the case of application for family care leave - a spouse who is deemed (by Ministerial Ordinance) as normally able to care for the child; or (iii) in either case - another reason deemed (by Ministerial Ordinance) reasonable grounds for the leave not being granted.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §§6(1), 11, 12, 15, 16-2, 16-3 Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members etc 1991 §§1, 2, 3, 6, 7, 23 (see comments box below)
Remarks: For the purposes of Family Care Leave, the prescribed family members are the worker's spouse or de facto partner, parent, child, parent of a spouse, grandparent, brother, sister, grandchild or other relative living with the worker.
Spouses who are deemed by Ministerial Ordinance to be able to normally care for the child are: (i) A person who does not have an occupation (including a person who does not work due to Child Care Leave or other leave and a person who works for fewer days per week than the number of days specified by the Minister of Health, Labour and Welfare as extremely few days); (ii) A person who does not have difficulty in taking care of the child pertaining to the Child Care Leave Application due to injury, illness, or physical or mental disability; (iii) A person who is not going to give birth within six weeks (or 14 weeks in the case of multiple pregnancy) or is not within eight weeks after childbirth; and (iv) A person who is living with the child pertaining to an Child Care Leave Application.
Grounds prescribed by Ministerial Ordinance as reasonable grounds for refusing a request are: (a) certain termination of the worker's employment within the period of child care or family care leave; and (b) the worker performs only extremely few prescribed working days per week.
PART-TIME WORK
General provisions
When a business operator employs a part-time worker, he or she shall promptly and clearly indicate to the part-time worker prescribed matters concerning the working conditions by delivery of documents or by any other method specified by Ordinance of the Ministry of Health, Labour and Welfare. A range of other obligations with respect to part-time workers are imposed by the Act on Improvement, etc. of Employment Management for Part-Time Workers (including with regards to wages, welfare, training etc).
Act on Improvement, etc. of Employment Management for Part-Time Workers 1993 §6
Limits
No relevant provisions specific to part-time workers identified.
Schedule
No relevant provisions specific to part-time workers identified.
Rest breaks
No relevant provisions specific to part-time workers identified.
Daily rest period
No relevant provisions specific to part-time workers identified.
Weekly rest period
No relevant provisions specific to part-time workers identified.
Annual leave
Part-time workers whose prescribed weekly working hours are at least 30 hours per week are entitled to the same amount of annual leave as full-time workers.
Part-time workers who work less than 30 hours per week are entitled to annual leave according to the number of days on which they work per week or per year, as follows: (i) 4 days per week or 169 to 216 days per year - an initial entitlement of 7 days, increasing by one additional day each subsequent year up to a maximum of 15 days; (ii) 3 days per week or 121 to 168 days per year - an initial entitlement of 5 days, increasing by one additional day each subsequent year up to a maximum of 11 days; (iii) 2 days per week or 73 to 120 days per year - an initial entitlement of 3 days, increasing by one additional day each subsequent year up to a maximum of 7 days; (iv) 1 day per week or 48 to 72 days per year - an initial entitlement of 1 day, increasing by one additional day each subsequent year up to a maximum of 3 days.
Labor Standards Act 1947 §39(3) Ordinance for Enforcement of the Labor Standards Act 1947 §24-3
Right to equal treatment
Right/scope
A business operator shall not engage in discriminatory treatment in terms of the decision of wages, the implementation of education and training, the utilization of welfare facilities and other treatments for workers with regard to a part-time worker: (a) for whom the description of his/her work and the level of responsibilities associated with said work are equal to those of ordinary workers employed at the referenced place of business; and (b) who has concluded a labor contract without a definite period (or has had a contract with definite period repeatedly renewed, and is therefore reasonably deemed to be a labor contract without a definite period under socially accepted conventions); and (c) whose job description and assignment are likely to be changed within the same range as those of ordinary workers at the place of business, in light of the practices at the place of business and other circumstances, throughout the entire period until the termination of the employment relationship with said business operator.
Act on Improvement, etc. of Employment Management for Part-Time Workers 1993 §8
Permissable justification for different treatment
Different treatment of part-time workers is permissible so long as it is not by reason of the worker being a part-time worker.
Act on Improvement, etc. of Employment Management for Part-Time Workers 1993 §8(1)
NIGHT WORK
Compensation
In the event that an employer has a worker work during the period between 10pm and 5am, the employer shall pay increased wages for work during such hours at a rate no less than 25% over the normal wage per working hour.
Where overtime is performed between 10pm and 5am, the employer shall pay premium wages for that work at a rate no lower than 50% over the normal wage per working hour.
Where work on weekly rest days is performed between 10pm and 5am, the employer shall pay premium wages for that work at a rate no lower than 60% over the normal wage per working hour.
Labor Standards Act 1947 §37(3) Ordinance for Enforcement of the Labor Standards Act 1947 §§19, 20, 21
Remarks: The relevant period may be changed to the period between 11pm and 6am, in case that the Minister of Health, Labour and Welfare admits the necessity of the application of those hours for a certain area or time of the year.
Special categories
Young workers
Workers aged between 13 and 15 years shall not work between the hours of 8pm to 5am.
Workers aged between 15 and 18 years shall not work between the hours of 10pm to 5am, unless the worker is a male who is 16 years or more of age and employed on a shift work basis.
Labor Standards Act 1947 §61
Remarks: The relevant period may be changed to the hours of 9pm or 11pm (depending on age of worker) to 6am in the event that the Minister of Health, Labour and Welfare deems it necessary.
Also, with respect to work that is done in shifts, with the permission of the relevant government agency, an employer may have workers work until 10.30pm.
Pregnant workers/recent birth
In the event that an expectant or nursing mother has so requested, an employer shall not have her work at night.
Labor Standards Act 1947 §66(3)
Parents
An employer shall not make a worker who is taking care of a child before the time of commencement of elementary school, and makes a request in order to take care of that child, work in the period between 10pm and 5am.
However, this does not apply: (i) in the event that the limitation would impede normal business operations; (i) if the worker has been employed by the relevant employer for less than 1 year; (ii) if another member of the worker’s household is deemed (by Ministerial Ordinance) to be a person who can normally take care of said child; or (iii) if the worker is deemed (by Ministerial Ordinance) to be a worker in relation to whom there is a reasonable reason for said request not being granted.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §19(1) Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members etc 1991 Chapter 3-4
Remarks: Another member of the worker's household is deemed to be a person who can normally take care of said child if he or she is a family member aged 16 years or older living with the child and he or she: (i) does not work between 10pm and 5am, or works those hours for no more than 3 days per month; (ii) does not have difficulty in taking care of the child pertaining to the request, due to injury, illness, or physical or mental disability; (iii) is not going to give birth within 6 weeks (or 14 weeks in the case of multiple pregnancy) or is not within 8 weeks after childbirth.
A worker is deemed to be a worker in relation to whom there is a reasonable reason for said request not being granted if the worker is: (i) a worker whose prescribed working days are two days or fewer per week; or (ii) a worker whose prescribed working hours are all Late-Night.
SHIFT WORK
Criteria for shift work
No relevant provisions identified.
Limits
Daily hours limit
No relevant provisions specific to shift workers identified.
Weekly limit
No relevant provisions specific to shift workers identified.
Overtime work
No relevant provisions specific to shift workers identified.
Schedule
Matters pertaining to shifts when workers are employed in two or more shifts, shall be set by rules of employment drawn up by the employer and submitted to the relevant government agency, with the views of the labour union or other person representing the majority of workers. However, this requirement only applies to employers who continuously employ 10 or more workers.
Labor Standards Act 1947 §89(1)
Rest breaks
No relevant provisions specific to shift workers identified.
Daily rest period
No relevant provisions identified.
Weekly rest period
No relevant provisions specific to shift workers identified.
ON-CALL WORK
Criteria
No provisions regulating on-call work identified.
FLEXITIME
Criteria
Flexitime arrangements (being those under which workers may select their starting and ending times of work) may be entered into by written agreement between an employer and the labour union or other representative of the majority of workers. However, the agreement must specify the following matters: (i) the scope of the workers who may work under the flexitime arrangements; (ii) the settlement period, not exceeding 1 month, over which the workers’ hours will be averaged; (iii) the total working hours of each settlement period; (iv) standard daily working hours; (v) when a time period when workers have to work is fixed, from and to what time they have to work; (vi) when a time period when workers may choose to work or not is limited, from and to what time they may choose.
Labor Standards Act 1947 §32-3 Ordinance for Enforcement of the Labor Standards Act 1947 §12-3
Limits
Daily hours limit
Workers who are given discretion as to their starting and finishing time for work may be required to work more than 8 hours in a day where written agreement has been reached between the employer and the union or other representative of the majority of workers.
Labor Standards Act 1947 §32-3
Weekly limit
Workers who are given discretion as to their starting and finishing time for work may be required to work more than 40 hours in a week where written agreement has been reached between the employer and the union or other representative of the majority of workers, provided workers work an average 40 hours per week when calculated over the reference period not exceeding 1 month.
Labor Standards Act 1947 §32-3
Overtime work
No relevant provisions specific to flexitime arrangements identified.
Rest breaks
No relevant provisions specific to flexitime arrangements identified.
CASUAL WORK
General provisions
No provisions regulating casual work identified.
SHORT-TIME WORK/WORK-SHARING
General provisions
If a worker with carer responsibilities seeks shortened hours and/or the benefit of other measures that facilitate the balancing of the worker’s work and family responsibilities, the employer is obliged to take at least one of a number of prescribed measures in relation to that worker. One such measure is the establishment of a system of short-time working.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §23 Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members etc 1991 §34(1)(i), (2)(i)
Limits
The right to shortened hours and / or other measures to facilitate the balancing of work and care responsibilities applies only to a worker who: (a) cares for a child under the age of 1 year, and who have not taken child care leave in respect of that child; (b) cares for a child over the age of 1 but under the age of 3; or (c) cares for a spouse or de facto partner, parent, child, parent of a spouse, grandparent, brother, sister, grandchild or other relative living with the worker who is in a condition requiring constant care for a period of 2 weeks or more due to injury, sickness or physical or mental disability.
Workers who care for a child over the age of 3 but under the age of elementary school are entitled to apply for such measures, but the obligation on the employer is limited to endeavouring to take such measures.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §§2, 23, 24 Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members etc 1991 §§1, 2, 3, 34(1)(i), 34(2)(i)
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
An employer may be asked to establish: (i) a system of short-time working; (ii) a system with regard to working hours pursuant to the provision of Article 32-3 of the Labor Standards Act; (iii) system of moving up or delaying the starting time and closing time without changing prescribed number of working hours per day; or (iv) a system for allowing a worker not to work in excess of the prescribed working hours if he or she wishes so.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §23 Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members etc 1991 §34
Limitations
The right for parents to request a change to working hours is limited according to the age of the child (up to the age of commencing elementary school). Parents with a child under the age of 1 year may not request a change to working hours if he or she has taken Child Care Leave with respect to that child.
The right for carers to request a change to working hours is limited to a maximum period 93 days, less any period of Family Care Leave taken by the worker with respect to the family member requring care.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §§23, 24
Reasons for request
Parents
An application for shortened working hours or other measures to facilitate work and family responsibilities may be made by a worker who: (a) cares for a child under the age of 1 year, and who have not taken child care leave in respect of that child; (b) cares for a child over the age of 1 but under the age of 3; or (c) cares for a child over the age of 3 but under the age of elementary school.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §§2, 23, 24 Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members etc 1991 §§1, 2, 3, 34(1)(i)
Carers
An application for shortened hours or other measures that facilitate the balancing of work and family responsibilities may be made by a worker who cares for a prescribed family member who is in a condition requiring constant care for a period of 2 weeks or more due to injury, sickness or physical or mental disability.
The prescribed family members are the worker’s spouse or de facto partner, parent, child, parent of a spouse, grandparent, brother, sister, grandchild or other relative living with the worker.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §§2, 23 Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members etc 1991 §§1, 2, 3, 34(2)(i)
Employer duties
Except in relation to parents who care for a child over the age of 3 and under the age of commencing elementary school, an employer must take one of the prescribed measures upon the worker’s request.
Where a request is made by a parent who cares for a child over the age of 3 and under the age of commencing elementary school, the employer must endeavour to take the measure as requested, but is not compelled to do so by statute.
Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave 1991 §§23, 24 Ordinance for Enforcement of the Act on the Welfare of Workers Who Take Care of Children and Other Family Members etc 1991 §34
Permissible reasons for refusal
No relevant provisions identified.
Procedure
Parents
No relevant provisions identified.
Carers
No relevant provisions identified.
Right to return to prior working time
No relevant provisions identified.
Right to information
No relevant provisions identified.
Refusal to transfer
No relevant provisions identified.
INFORMATION & CONSULTATION
Information
An employer who continuously employs 10 or more workers shall draw up rules of employment covering prescribed matters, including those pertaining to the times at which work begins and at which work ends, rest periods, days off, leaves, and matters pertaining to shifts when workers are employed in two or more shifts. The employer shall submit those rules of employment (and any subsequent versions) to the relevant government agency.
Further, when concluding a labour contract, all employers shall clearly indicate the working hours and other working conditions to the worker in the manner prescribed.
Labor Standards Act 1947 §§15(1), 89(1)
Remarks: See also the notification requirements in Articles 12, 12-2-2 and 12-4 of the Ordinance for Enforcement of the Labour Standards Act.
Consultation
In drawing up or changing the rules of employment, the employer shall ask the opinion of either a labor union organized by a majority of the workers at the workplace concerned (in the case that such labor union is organized), or a person representing a majority of the workers (in the case that such labor union is not organized).
Also, when a business operator intends to prepare or amend the rules of employment with regard to the matters pertaining to part-time workers, he/she shall endeavor to hear opinions from a person or persons who is/are found to represent a majority of the part-time workers employed at the place of business.
Labor Standards Act 1947 §90(1) Act on Improvement, etc. of Employment Management for Part-Time Workers 1993 §7
Results generated on: 19th April 2024 at 21:49:23.
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