Basics of Labor Standards Laws 3

It has passed almost three years since I wrote. Today, April 4, 2024, I’d like to return to this page and continue to add basics of Japanese Labor Law.

9.　Equal Employment Opportunity Law for Men and Women

Employees are not discriminated on gender and female employees with regard to the following matters.

1. Recruitment and employment
2. Assignment, promotion, demotion and training
3. Fringe benefits
4. Job type and employment system
5. Retire, mandatory retirement, dismissal and renewal of employment contract
6. Prohibition of disadvantageous treatment for reasons of marriage, pregnancy, childbirth, etc.
7. In addition, an employer is required to take necessary measures for female employee’s pregnancy or childbirth and must not disturb her working environment.

Any employer who has not made a report required or who has made a false report shall be able to an administrative fine or not more than ¥200,000.

10.　Workers’ Accident Compensation Insurance

An employer shall have a duty to pay an employee’s medical care expenses and temporary disability compensation when an employee is injured or suffers an illness attributed to his/her employment.
The insurance will cover the expenses and compensation The following benefits shall be provided.

1. Medical treatment benefits
2. Temporary disability benefits
3. Injury and disease pension
4. Physical disability benefits
5. Survivor’s benefits
6. Funeral expenses

11.　Employment Insurance

The employment insurance system shall provide benefits which ensure displaced employees a stable life until they find a new job. It shall also be provided to foreign employees.

The insurance enrollment procedures will be undertaken by employers at the appropriate public employment security office. Insurance premiums shall be paid by both employer and employee, and their shares are defined respectively in accordance with the employee’s salary.

Unemployment benefits are provided when an employee covered by employment insurance is forced to leave employment (e.g. dismissal, bankruptcy) or leaves employment for his/her own reasons and is unable to find a new job despite having a positive will to get employment and the ability to take up a job any time.

12.　Health Insurance and Employees’ Pension Insurance

The purpose of these social insurance systems is to help a stable life by providing them with medical or pension benefits for an illness, injury, disability or post retirement.

The insurances are applied to all corporations and individual offices. An employer must apply for this insurance at a pension office, unless the company has its own health insurance society. An employer must pay both the shared premiums together each month, an employee’s portion shall be deducted from his/her monthly salary and bonus.

In addition, an employee between the age of 40 and under 65 shall pay premiums for Nursing-care Insurance.

1) Benefits on Health Insurance

1. Medical care benefits (30% of medical fees)
2. High medical care benefits, transportation benefits, etc.
3. Absence from work due to an injury or illness
4. Maternity leave
5. Funeral expenses or dependent’s funeral expenses in case of death

2) Benefits on Pension

1. Pension Insurance is a system for paying insured person’s remuneration-related pension in addition to the “basic pension benefits” of the National Pension. If a foreign employee who had been a member of the pension plan for 6 months or more has returned home without receiving any pension benefits, he/she may receive a lump-sum withdrawal refund on request, which should be submitted within two years after returning home. Amount of payment shall be calculated based o the period of enrollment.

13.　Lump-sum Withdrawal Payment System

If a foreign employee who had been a member of a Pension Insurance for 6 months or more has returned home without receiving any pension benefits, he/she may receive a lumpsum withdrawal refund on request, which should be submitted within two years after returning home.

14.　Social Security Agreement

When an employee who has been posted to Japan from a country which has entered into a social insurance agreement with Japan and who continues to pay his/her social insurance premiums to the social insurance system of the original country, the employee is exempted from subscription to the Employees’ Pension Insurance and Health Insurance of Japan.

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Notes: This information has been sourced mainly from Tokyo Metropolitan Government, Labor Consultation Center.

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