Labour Standards Act (Rōdō Kijun Hō)
The Labour Standards Act (Rōdō Kijun Hō) is the foundational statute of Japanese labour law, establishing minimum standards for wages, working hours, rest periods, holidays, and working conditions. Enacted in 1947 during the Allied occupation, the Act was modelled on New Zealand’s labour legislation. It establishes the principle of equal pay for equal work, regulates overtime and night work, provides protections for women and young persons, and creates the system of Labour Standards Inspectors for enforcement.
Legal area: Law governing the relationship between employers and employees.
Year enacted: 1947
Full text: https://elaws.e-gov.go.jp/document?lawid=japan-labour-standards-act
Key Provisions
- Part I: Wages (minimum wage, payment, deductions)
- Part II: Working hours and rest periods (40-hour week, overtime)
- Part III: Holidays and annual paid leave
- Part IV: Safety and health (employer duties)
- Part V: Women and young persons (special protections)
- Part VI: Severance pay and dismissal restrictions
- Part VII: Enforcement (Labour Standards Inspectors, criminal penalties)
Significance
The Labour Standards Act has been the backbone of worker protection in Japan since its enactment. The Act’s provisions on working hours have been tested by the phenomenon of ‘karōshi’ (death from overwork), leading to judicial and legislative reforms. The 2019 Work Style Reform Act amended the Act to impose caps on overtime hours. The Act’s protections against dismissal have been interpreted by courts to require ‘socially acceptable reason’ for termination. Enforcement remains challenging despite the existence of Labour Standards Inspectors.