Japanese Labor Laws for Foreigners
When a foreigner works in Japan, it is very important to understand Japanese working methods and systems.
This article explains Japanese labor laws for foreigners working in Japan.
*This information is current as of February 2024.
What are Labor Laws?
About Labor Laws in Japan
Labor law is a general term used to refer to laws regarding working, such as the Labor Standards Law and the Minimum Wage Law.
Labor laws protect the rights of all people working in Japan and guarantee fair wages and working environment.
(Source: Ministry of Health, Labor and Welfare, Understanding and Utilizing Labor Laws)
The importance of understanding labor laws as a foreign worker
When you play a game, if you start the game without knowing the rules, you may make mistakes or miss chances.
In the same way, if you do not understand Japanese labor laws, you may not be able to protect your rights.
It is important to understand them properly to protect yourself.
About Employment Contracts in Japan
Types of Employment in Japan
There are various types of employment contracts in Japan.
In general,
- Full-time (regular employee)
- Part-time (part-time)
- Temporary staffing
- Contract employees (fixed-term labor contracts)
- Temporary staff
- Contract workers (fixed-term labor contract)
(Source: 厚生労働省「さまざまな雇用形態」Ministry of Health, Labor and Welfare, "Various Employment Status")
Since each employment status has its own rules and regulations, it is important to know about the employment status when you start working.
You can search for jobs by your desired employment status at JOB JOURNEY!
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Read Carefully the "Employment Contract"
When you start working at a new job, you sign an employment contract with the company.
Before signing an employment contract with a company, check it carefully. Make sure you read it properly before signing.
The employment contract contains the following important information you should check.
- Employment Status
- Job Description and Responsibilities - Your job role and responsibilities
- Hours of work ・・・ the time your work begins and ends, and break time
- Salary
- Holidays Etc
If you have any questions, ask a staff member in charge before signing the contract.
If you have difficulty reading Japanese, ask if you can have the Employment Contract translated into a language you can understand, which is actually provided in many companies who offer jobs for foreigners.
"Rights of Workers" that Foreign Nationals Should Know
Discrimination based on nationality is prohibited
Japanese labor laws prohibit discrimination on any basis, including nationality, gender, and race.
Therefore, foreigners are treated the same as Japanese nationals.
They are entitled to the same benefits and protections.
You will not be paid less or have your breaks shortened because you are a foreigner.
There is no need to worry about it.
Working hours and break times are regulated
In Japan, companies are required to give their employees break time according to their working hours. This is determined by the Labor Law.
More than 6 hours to less than 8 hours: minimum 45-minute break
More than 8 hours: a break of at least 60 minutes is obligatory
(Source : 厚生労働省「労働時間・休憩・休日関係」 (Ministry of Health, Labour and Welfare "Working hours, break time, and holidays " )
There are some regulations on termination of employment
Japanese labor law has strict rules regarding termination of employment.
For example, it is illegal to dismiss an employee for reasons such as " having been injured on the job and unable to work for 30 days," or " being pregnant and wanted to take maternity and paternity leave."
If you have been suddenly dismissed from your job, consult an expert for help.
You can find a place to consult at the following website.
総合労働相談コーナーのご案内(Multiple languages)
However, it doesn't apply if there is an obvious problem, such as a refusal to abide by company rules or frequent absences from work.
Minimum wage is fixed
It is very important to work and receive a fair wage.
In Japan, the government guarantees a minimum wage through a law called the "Minimum Wage Law".
The minimum wage varies depending on the region and the type of job.
If your salary is on an hourly basis, check the minimum wage in the prefecture where your workplace is located.
Working Hours and Overtime Pay Rules
In Japan, there are rules regarding " regular working hours (working hours from start to end of regular workday)" and "overtime work (overtime work).
According to the Labor Law, working hours are set at 40 hours per week. However, this may vary depending on the flextime system or variable working hour system adopted by the company.
If you work longer than the regular working hours, you will be paid for the overtime.
Generally, overtime is paid at a higher rate than the regular working hours.
Some companies also introduce a "deemed overtime" system, whereby a fixed amount of overtime is paid each month.
To make sure that there is no error in overtime pay, check the overtime pay before you start working.
In addition, be sure to record the hours you work overtime and receive appropriate pay for the hours you work.
[More detailed information] also available in English, Chinese, Vietnamese, and Tagalog.
知って役立つ労働法~働くときに必要な基礎知識~
(Understanding and Utilizing Labor Laws - Basic Knowledge You Need When Working)
If you feel worried, talk to an expert
Consult with a specialist
Labor laws differ from country to country. Furthermore, if you are not fluent in Japanese, it is difficult to understand specialized materials.
If you have any questions or concerns, do not hesitate to consult with employment and labor law offices or experts.
There are also some recruiting agencies or companies that can provide explanations in the language you are familiar with.
You can find places to get advice at the following website:
厚生労働省:総合労働相談コーナーのご案内(General Labor Consultation Corner)
Talk to your coworkers
If you think it may be too early to talk to a specialist or your boss, you have the option of talking to your coworkers.
It is a good idea to build a good relationship with your colleagues on a regular basis. That way, when you have a problem or concern, you can consult with them immediately.
Seek advice from the Labor Standards Inspection Office
Unfortunately, there may be situations that cannot be resolved internally or are not adequately addressed.
In such cases, you should consult the "Labor Standards Supervision Office.
The Labor Standards Inspection Office will issue a warning to the company that is in violation of the employment contract and investigate the company's situation.
When consulting with the Labor Standards Supervision Office, be sure to prepare the necessary documents so that you can show evidence.
For example, if there is a discrepancy between the employment contract and the actual salary, prepare the employment contract, pay stubs, and the deposit history of the salary account.
Conclusion
It is important for foreigners to understand labor laws when working in Japan.
This is because if you know the labor laws, you can protect your rights.
Some rules, like minimum wage, are constantly updated. Watch the Japanese news and read newspapers to learn about new information.
If you have any problems, such as "Not being paid for overtime work" or "Doing a work that is different from that in my employment contract," consult a specialist.
Please be assured that the rights of workers are well protected in Japan.
We wish those who are going to work in Japan and those who are looking for a new job in Japan will be able to find a job where they can work with satisfaction!