Glossary of Japanese Labour Law Terms

Introduction

Japanese labour law is codified in three principal statutes: the Labour Standards Act (Rōdō Kijun Hō, 1947), the Labour Union Act (Rōdō Kumiai Hō, 1949), and the Labour Relations Adjustment Act (Rōdō Kankei Chōsei Hō, 1946). The glossary below defines the core terms of individual employment, collective labour relations, and social protection.

Rōdō Kijun Hō (労働基準法)

Rōdō Kijun Hō — the Labour Standards Act — is the foundational statute governing individual employment conditions. Enacted in 1947, it sets minimum standards for wages, working hours, overtime, holidays, safety, and termination. Employers must comply with these standards, and any agreement providing less favourable terms is void (Article 13).

Rōdō Kumiai Hō (労働組合法)

Rōdō Kumiai Hō — the Labour Union Act — governs the formation and operation of labour unions and collective labour relations. Enacted in 1949, it guarantees workers the right to organise, to bargain collectively, and to engage in other concerted activities. It also establishes the system of unfair labour practices (futō rōdō kōi) and the Labour Relations Commissions.

Rōdō Kankei Chōsei Hō (労働関係調整法)

Rōdō Kankei Chōsei Hō — the Labour Relations Adjustment Act — provides mechanisms for the conciliation, mediation, and arbitration of labour disputes. The Act supplements the Labour Union Act by offering procedures to resolve disputes without resort to strikes or lockouts.

Rōdōsha (労働者)

Rōdōsha — a worker or employee — is defined in Article 9 of the Labour Standards Act as “a person who is employed at an enterprise or workplace and receives wages therefrom, regardless of the type of occupation.” The definition covers employees under an employment contract (koyō keiyaku) but excludes independent contractors. The boundary between employees and independent contractors is determined by a multi-factor test, including the degree of direction and control exercised by the employer.

Koyōsha (雇用者)

Koyōsha — an employer — is defined as the person who employs workers and pays wages. The employer bears the obligations set by labour law, including the duty to provide a safe workplace, to pay the minimum wage, to compensate workers for overtime, and to comply with the dismissal regulations.

Rōshi Kankei (労使関係)

Rōshi Kankei — labour-management relations — describes the collective relationship between organised labour (unions) and management (employers and employer associations). The term encompasses collective bargaining, labour disputes, and the institutional framework of the Labour Relations Commissions.

Rōdō Kyōyaku (労働協約)

Rōdō Kyōyaku — a collective labour agreement or labour-union contract — is a written agreement between a labour union and an employer (or employer association) governing terms and conditions of employment. A collective agreement has both a normative effect (its terms bind all workers in the bargaining unit) and a contractual effect (it binds the parties to observe its provisions).

Dan-tai Kōshō (団体交渉)

Dan-tai Kōshō — collective bargaining — is the process by which a labour union and an employer negotiate the terms and conditions of employment. The Labour Union Act guarantees the right to collective bargaining and makes it an unfair labour practice for an employer to refuse to bargain in good faith.

Suto-ki (ストライキ)

Suto-ki — a strike — is a concerted work stoppage by employees to press demands in collective bargaining. The right to strike is protected as part of the constitutional right to organise (Article 28 of the Constitution), but certain workers (e.g., police, firefighters, prison guards) are prohibited from striking.

Rōdō Iinkai (労働委員会)

Rōdō Iinkai — the Labour Relations Commission — is an administrative body responsible for the adjudication of unfair labour practices and the facilitation of collective bargaining. The Central Labour Relations Commission (Chūō Rōdō Iinkai) and the Prefectural Labour Relations Commissions are tripartite bodies comprising representatives of labour, management, and the public interest.

Futō Rōdō Kōi (不当労働行為)

Futō Rōdō Kōi — an unfair labour practice — is conduct by an employer that violates the rights of workers or unions under the Labour Union Act. The Act specifies four categories of unfair labour practice: discrimination against union members or organisers, refusal to bargain in good faith, interference with union organisation, and blacklisting of union activists.

Kaikō (解雇)

Kaikō — dismissal — is the termination of an employment contract by the employer. The Labour Standards Act requires 30 days’ notice (or payment in lieu) for dismissal (Article 20). Japanese courts apply a strict “abuse of right” test: a dismissal is void if it lacks “objectively reasonable grounds” and is not “socially acceptable” (Kōchi Shōten Jiken, Supreme Court, 1975).

Kaikō no Kisei (解雇の規制)

Kaikō no Kisei — regulation of dismissal — refers to the judicial doctrine that limits an employer’s right to dismiss. The “abuse of right” test was codified in Article 16 of the Labour Contract Act (Rōdō Keiyaku Hō, 2007). A dismissal is abusive if it lacks objective and rational justification and is not appropriate in general societal terms.

Teinen Taishoku (定年退職)

Teinen Taishoku — mandatory retirement — is the cessation of employment upon reaching a specified age, typically 60 or 65. The Act on Stabilisation of Employment of Older Persons (Kōreisha Koyō Antei Hō) requires employers to raise the retirement age to 65 or to continue employment of workers who wish to work until 65.

Teiji Koyō (定期雇用)

Teiji Koyō — regular full-time employment — refers to indefinite-term employment (kikan no sadame no nai koyō) that is the norm for core employees in large enterprises. Regular employees enjoy job security, seniority-based wages, and comprehensive benefits.

Hi-Teiji Koyō (非定期雇用)

Hi-Teiji Koyō — non-regular part-time or fixed-term employment — includes part-time workers (pāto-taimu rōdōsha), fixed-term contract workers (kikan koyōsha), temporary workers from staffing agencies (haken rōdōsha), and other atypical employment forms. Non-regular workers generally receive lower wages and fewer benefits than regular workers, a disparity that has become a central policy concern.

Keizoku Koyō no Kijun (継続雇用の基準)

Keizoku Koyō no Kijun — the standard for continuous employment — refers to the rules governing the conversion of fixed-term contracts to indefinite-term contracts. Under the Labour Contract Act, a fixed-term employee whose contract has been renewed repeatedly and whose total period of service exceeds five years may convert to an indefinite-term contract upon request (Article 18).

Chingin (賃金)

Chingin — wages — are defined by Article 11 of the Labour Standards Act as “wages, salaries, allowances, bonuses, and any other payment made by an employer in exchange for labour.” Wages must be paid in currency, directly to the worker, in full, and at least monthly (Article 24). The principle of equal pay for equal work is codified in Article 4 (prohibiting gender-based discrimination).

Saitei Chingin (最低賃金)

Saitei Chingin — the minimum wage — is set annually by the Minimum Wages Council. Japan has both a national minimum wage (a floor) and regional minimum wages set by prefecture (usually higher than the national floor). The minimum wage applies to all workers, including part-time and fixed-term employees.

Zangyō (残業)

Zangyō — overtime — is work performed beyond the statutory working hours of 40 hours per week and 8 hours per day (Article 32, Labour Standards Act). Overtime requires a labour-management agreement (sanroku kyōtei). The premium rate for overtime is at least 25% (Article 37). The 2018 reform introduced a statutory cap on overtime: generally 45 hours per month and 360 hours per year.

Yūkyū Kyūka (有給休暇)

Yūkyū Kyūka — paid annual leave — is the right of a worker to take leave with pay after six months of continuous employment and 80% attendance. Entitlement ranges from 10 days (after six months) to 20 days (after six years and six months). Upon request, an employer must grant paid leave at a time designated by the worker.

Hoken (保険)

Hoken — social insurance — encompasses Japan’s system of compulsory public insurance, including health insurance (kenkō hoken), employees’ pension insurance (kōsei nenkin hoken), workers’ accident compensation insurance (rōsai hoken), and employment insurance (koyō hoken). Premiums are shared between employers and employees, and coverage is managed by the Japan Health Insurance Association and the Japan Pension Service.