JapanEmployment
Wrongful termination, overtime pay, unpaid wages, discrimination, leave rights
24 questions
đź‘¶
Leave Rights
(4)How many months after starting can I take paid leave?
You can take paid leave after working continuously for 6 months and attending work for at least 80% of scheduled workdays.
Until what child's age can I take childcare leave?
You can take childcare leave in Japan until your child turns 1 year old, and up to 1 year and 2 months under certain conditions.
Company's duty to prevent maternity harassment?
Employers in Japan must take necessary measures to prevent maternity harassment, including establishing consultation systems and responding promptly to complaints.
Can employer dismiss during maternity leave?
No, an employer generally cannot dismiss an employee during maternity leave in Japan. The law prohibits dismissal from 6 weeks before childbirth (14 weeks for multiple births) until 8 weeks after childbirth.
⚖️
Dismissal Protections
(5)I was suddenly fired. How many days notice is required?
In Japan, employers must give at least 30 days’ written notice before dismissal—or pay 30 days’ average wages instead.
I was fired because of pregnancy. Is this illegal?
Yes, firing someone because of pregnancy is illegal in Japan under the Equal Employment Opportunity Law and the Labor Standards Act.
Dismissed during probation. Same protections as regular?
No, employees dismissed during probation generally have fewer protections than regular employees in Japan, but employers must still act reasonably and avoid abuse of rights.
What are the four requirements for economic dismissal?
Economic dismissal in Japan requires (1) genuine business necessity, (2) efforts to avoid dismissal, (3) reasonable selection of employees, and (4) proper procedural fairness.
In unfair dismissal, what can I request from the court?
In Japan, in an unfair dismissal case, you can request reinstatement, unpaid wages from dismissal to reinstatement, and/or payment in lieu of reinstatement.
⏰
Work Conditions
(5)My overtime isn't paid. What is the mandated premium rate?
In Japan, employers must pay at least 25% more than the regular hourly wage for overtime work exceeding 8 hours per day or 40 hours per week.
What is the legal maximum working hours per day?
In Japan, the legal maximum working hours per day is 8 hours, unless overtime is agreed upon under strict limits and conditions.
What is the monthly overtime limit?
In Japan, the monthly overtime limit is generally 45 hours, but under special agreements, it can rise to 100 hours per month — with strict conditions.
What is the premium rate for late-night work?
Employers in Japan must pay at least 25% more than the regular hourly wage for work performed between 10 p.m. and 5 a.m.
Must employment conditions be provided in writing?
Yes, employers in Japan must provide key employment conditions in writing to employees at the time of hiring.
⚖️
Equal Treatment
(4)I'm being sexually harassed. What are the company's obligations?
Under Japanese law, employers must take necessary measures to prevent sexual harassment, including establishing consultation systems, investigating complaints promptly, and implementing appropriate responses such as disciplinary action or workplace adjustments.
Part-time but same work as full-time. Can I demand equal pay?
Yes, under Japan’s Equal Employment Opportunity Law and Part-Time Workers Act, part-time workers performing the same duties as full-time workers must receive equal pay and treatment.
Treated unfairly for joining a union. Illegal?
Yes, it is illegal in Japan to treat a worker unfairly for joining or organizing a union. The Labor Union Act explicitly prohibits such discrimination.
Is it illegal to have different hiring criteria by gender?
Yes, it is illegal in Japan to set different hiring criteria by gender, as this violates the Equal Employment Opportunity Law and the Constitution.
📝
Contract Changes
(3)Employment conditions unilaterally changed. Is this valid?
No, an employer generally cannot unilaterally change employment conditions without the employee’s consent, unless the change is reasonable and meets strict legal requirements under the Labor Contract Act.
Work rules changed to reduce salary. Must I comply?
No, you do not have to comply if the salary reduction violates the Labor Contract Act or lacks reasonable grounds and proper procedure.
Can a fixed-term contract be freely non-renewed?
No, a fixed-term contract in Japan cannot be freely non-renewed if renewal has become reasonably expected — employers must have objectively reasonable grounds and act in good faith.
🤝
Collective Rights
(2)Collective bargaining refused without justification.
Under Japanese law, employers must not refuse collective bargaining without justifiable reasons; doing so constitutes an unfair labor practice.
Company won't pay retirement allowance. Do I have a right?
Yes, you generally have a right to retirement allowance if your company has a retirement allowance system and you meet its conditions — especially if it’s stipulated in your employment contract or work rules.