What is Japanese labour law ?

These limits may be relaxed for a definite period, which is defined by agreement of the employer and the enterprise trade union

if such union does not exist, a worker representing a majority of workers.

There may be different forms of a flexible working time, which are confined by ordinances.

There may be different forms of a flexible working time, which are confined by ordinances.

Termination of a labour contract at the worker's and the employer's initiative is governed by Art. 627 of the Civil Code, under which they are free to terminate the contract.

In order to meet the demand of Art. 27 of the Constitution to promote job security as a public matter, the employer's dismissal is limited predominantly by the LSL, court rulings and collective agreements.

This restriction applies to unlimited labour contracts as well as to those contracts of a definite period which have continued for longer than the period prescribed by law.

In any case, the average working time during the agreed period must not exceed 40 hours per week.

Notice must be given at least 30 days in advance before the dismissal takes effect (Art. 20 of the LSL ).

The number of days can be reduced, if the employer pays the average wage for each day by which the period is shortened.

It is recommended by court rulings but not legally required to give notice in writing.

Legal precedent further established the rule, that the dismissal must be based on a reasonable cause.

The employer must also provide at least one rest day per week as well as rest periods during working hours, at least 45 minutes after 6 working hours and one hour after 8 working hours .

Without reasonable cause any dismissal is regarded as an abuse of the right to dismiss and thus considered null and void.

For example, a dismissal for business reasons is allowed, if it satisfies all of the four requirements set by court:

Night work against increased wages is legally permitted but cannot be ordered to those workers who are raising a child and request to be excepted.

Annual leave with pay of the average wages is granted in Art. 39 of the LSL. The worker can claim it, only if he/she reported for work on at least 80% of the total working days.

The number of annual leave days is related to the time the worker has already been employed in the enterprise counting only those years, in which the worker reported sufficiently for work.

Overtime work may also be stipulated by agreement of the employer and the trade union.

Upwards of 6 months of continuous employment, the worker can claim 10 days of annual leave. In the following two years, one day per year is added.

Increased wages must then be paid within a range of no less than 25% and no more than 50% over the normal wage per working hour (Art. 37 of the LSL).

Being employed for at least two and a half years the worker is guaranteed two days added for each additional year of continuous service.

However, the total number of annual leave days does not become more than 20 days.

Provided that the vacations do not prevent business from operating adequately, they can be taken whenever the employee decides to do so. In Japan, there are also 14 national holidays a year, which are not legally binding for the private sector.

Maternity leave is secured by Art. 65 of the LSL, which does not include any payments during this period.