Supplementary Provisions [Extract]
Article 122
The effective date of this Act is specified by Imperial Ordinance.
Article 123
The Factory Act, Act on the Minimum Age of Industrial Workers, Workers’ Compensation Act, Shop Act, Act on the Prohibition of Manufacturing Yellow Phosphorus Matches, and Act No. 87 of 1939 are hereby repealed.
Article 129
Compensation for injury or illness for a worker’s injury, illness, or death in the course of employment that has occurred prior to the enforcement of this Act continues to be subject to the provisions of the former Act concerning support.
Article 131
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To apply the provisions of Article 32, paragraph 1. (excluding as applied following a deemed replacement of terms pursuant to Article 60, paragraph 2. ) to businesses not larger than the scale specified by an order or businesses of the business types specified by an order, the term “40 hours” in Article 32, paragraph 1. is deemed to be replaced with “hours specified by an order within the range exceeding 40 hours but not more than 44 hours” until March 31, 1997.
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The order set forth in Article 32, paragraph 1. , as applied following a deemed replacement of terms pursuant to the provisions of the preceding paragraph, is established in consideration of workers’ welfare, trends in working hours, and other circumstances.
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If an order set forth in Article 32, paragraph 1. , as applied following the deemed replacement of terms pursuant to the provisions of paragraph 1. , is established or amended, transitional measures (including transitional measures for penal provisions) to the effect that the rules prior to the establishment or amendment of the order continue to govern businesses not larger than a certain scale or of certain business types only for a certain period may be prescribed by that order.
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The Minister of Labor must hear the opinions of the Central Labor Standards Council prior to planning the establishment or amendment of the order set forth in Article 32, paragraph 1. , as applied following a deemed replacement of terms pursuant to the provisions of paragraph 1. .
Article 132
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To apply the provisions of Article 32-4, paragraph 1. to a business as prescribed in paragraph 1. of the preceding Article while the provisions of that paragraph apply, the wording in the parts of paragraph 1. of Article 32-4 other than the items is deemed to be replaced with “Notwithstanding the provisions of Article 32, if the employer has established the following particulars and the average working hours per week for the period determined as the applicable period set forth in item (ii) are within 40 hours (or within the number of hours specified by an order within the range exceeding 40 hours but not more than 42 hours for businesses not larger than the scale specified by an order) and premium wages are paid for hours worked (excluding hours subject to the provisions of Article 37, paragraph 1. ) in excess of the working hours in accordance with the provisions of that Article, pursuant to a written agreement with the labor union that has been organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, the employer may have a worker work in excess of the working hours set forth in Article 32, paragraph 1. in a specified week or weeks, and have a worker work in excess of the working hours set forth in paragraph 2. of that Article on a specified day or days in accordance with that written agreement (including what has been prescribed as under the provisions of the following paragraph, if applicable), within a scope that does not cause the weekly average working hours for the period established in that agreement as the applicable period referred to in item (ii) to exceed the working hours set forth in paragraph 1. of that Article. In such a case, if the employer has a worker work in excess of 40 hours (or hours specified by an order set forth in the first sentence for businesses not larger than the scale specified by an order set forth in the first sentence) as the average working hours per week for the above period, the employer must pay the worker premium wages for the hours worked in excess (excluding hours subject to the provisions of Article 37, paragraph 1. ) in accordance with the provisions of Article 37.”, and the wording “40 hours” in item (ii) of that paragraph is deemed to be replaced with "the working hours set forth in Article 32, paragraph 1. ".
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To apply the provisions of Article 32-5, paragraph 1. to a business as prescribed in paragraph 1. of the preceding Article while the provisions of that paragraph apply, in Article 32-5, paragraph 1. , the phrase “if there is a written agreement with the labor union that has been organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace” is deemed to be replaced with " if the employer has established that the working hours per week are within 40 hours (or hours specified by an order within the range exceeding 40 hours but not more than 42 hours for businesses not larger than the scale specified by an order) and premium wages are paid for hours worked (excluding hours subject to the provisions of paragraph 1. of Article 37) in excess of those working hours in accordance with the provisions of that Article, in a written agreement with the labor union that has been organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union", and the phrase “per day if that worker is employed in a business prescribed by Order of the Ministry of Health, Labour and Welfare in which there is frequently substantial fluctuation in daily business, in which, since this is anticipated, it is found to be difficult to fix daily working hours through rules of employment or their equivalent, and in which the number of regular employees is below the number prescribed by Order of the Ministry of the Health, Labour and Welfare” is deemed to be replaced with “per day within the working hours set forth in paragraph 1. of that Article per week if that worker is employed in a business prescribed by Order of the Ministry of Health, Labour and Welfare in which there is frequently substantial fluctuation in daily business, in which, since this is anticipated, it is found to be difficult to fix daily working hours through rules of employment or their equivalent, and in which the number of regular employees is below the number prescribed by Order of the Ministry of the Health, Labour and Welfare. In such a case, if the employer has a worker work in excess of 40 hours (or hours specified by an order set forth in the first sentence for businesses not larger than the scale specified by an order set forth in the first sentence) per week, the employer must pay the worker premium wages for the hours worked in excess (excluding hours subject to the provisions of Article 37, paragraph 1. ) in accordance with the provisions of Article 37”.
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The provisions of paragraph 4. of the preceding Article apply mutatis mutandis to the orders set forth in Article 32-4, paragraph 1. and Article 32-5, paragraph 1. (limited to the part subject to deemed replacement pursuant to the provisions of paragraph 2. ), as applied following a deemed replacement of their terms pursuant to the provisions of the preceding two paragraphs.
Article 133
Considering that the provisions of Article 64-2, paragraph 1. and paragraph 2. prior to its amendment under Article 4 of the Act on the Revision of Acts Related to the Ministry of Labour for Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Act No. 92 of 1997) ceased to apply on April 1, 1999 to women of 18 years of age or over who did not fall under the category of persons provided by the order prescribed in Article 64-2, paragraph 4. prior to that amendment, and also taking into the consideration the impact which significant changes in the vocational life of the women in question who constitute workers taking care of their children or other family members (those women are limited to those prescribed by Order of the Ministry of Health, Labour and Welfare; hereinafter referred to as "specified workers " in this Article) will bring on their family life, when the Minister of Health, Labour and Welfare establishes the standards set forth in Article 36, paragraph 2. of this Act, the Minister is to establish the standards for the specified workers (limited to those who notify their employers of their intention to shorten their off-hours work) separately from the standards for those other than specified workers, with respect to the limits on the extension of working hours set forth in the agreement in Article 36, paragraph 1. of this Act, and set them so that the working hour extension limit is shorter than that of the standards for those other than specified workers, for the period prescribed by Order of the Ministry of Health, Labour and Welfare. In such a case, the standard for limits on the extension of working hours per year must be set at one that does not exceed 150 hours.
Article 134
To apply the provisions of Article 39 to a business that continuously employs not more than 300 workers, the term “10 working days” in paragraph 1. of that Article is deemed to be replaced with “six working days” until March 31, 1991, and the term “10 working days” in that paragraph is deemed to be replaced with “eight working days” from April 1, 1991 until March 31, 1994.
Article 135
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To apply the provisions of Article 39 to a worker whom an employer has continuously employed for four to eight years after the six-month mark, if the day following that on which the worker reaches one of those years of continuous employment after the six-month mark falls during the period from April 1, 1999 to March 31, 2000, for each category of the number of years of continuous employment from the six-month mark set forth in the left-hand column of the following table, the phrase in the table referred to in Article 39, paragraph 2. that is set forth in the middle column of the following table is deemed to be replaced with the phrase set forth in the right-hand column of the following table until March 31, 2000.
Four years Six working days Five working days Five years Eight working days Six working days Six years Ten working days Seven working days Seven years Ten working days Eight working days Eight years Ten working days Nine working days -
To apply the provisions of Article 39 to a worker whom an employer has continuously employed for five to seven years after the six-month mark, if the day following that on which the worker reaches one of those years of continuous employment after the six-month mark falls during the period from April 1, 2000 to March 31, 2001, for each category of the number of years of continuous employment from the six-month mark set forth in the left-hand column of the following table, the phrase in the table referred to in paragraph 2. of Article 39 that is set forth in the middle column of the following table is deemed to be replaced with the phrase set forth in the right-hand column of the following table during the period from April 1, 2000 to March 31, 2001.
Five years Eight working days Six working days Six years Ten working days Seven working days Seven years Ten working days Eight working days -
The provisions of the preceding two paragraphs do not apply to the minors prescribed in Article 72.
Article 136An employer must strive not to reduce the wages of a worker who has taken paid leave under the provisions of paragraphs 1. through 4. of Article 39 or subject such a worker to other disadvantageous treatment.
Article 137
Notwithstanding the provisions of Article 628 of the Civil Code, until the measures provided for in Article 3 of the Supplementary Provisions of the Act on the Partial Revision of the Labor Standards Act (Act No. 104 of 2003) are taken, beginning on the day that falls one year after the first day of the term of the labor contract, a worker who has entered into a fixed-term labor contract (but only one with a term of over one year; contracts in which it is provided that the contract period is the period necessary for the completion of a specific undertaking business are excluded) (other than a worker as prescribed in the items of paragraph 1. of Article 14), may separate from employment at any time by giving notice of this to the employer.
Article 138: (Deleted)
Article 139
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To apply the provisions of Article 36 to a business for constructing structures (limited to projects for recovery and reconstruction after a disaster) and other related business prescribed by Order of the Ministry of Health, Labour and Welfare, the phrases “the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on days off per month (limited in scope to fewer than 100 hours including the hours prescribed in the agreement in connection with paragraph 2. , item (iv))” and “that item” in Article 36, paragraph 5. are deemed to be respectively replaced with “the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on days off per month” and “paragraph 2. , item (iv)”; and the provisions of Article 36, paragraph 6. (limited to the parts that concern items (ii) and (iii)) do not apply, until otherwise provided for by law.
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Notwithstanding the provisions of the preceding paragraph, as concerns a business for constructing structures or any other business prescribed by Order of the Ministry of Health, Labour and Welfare as being related thereto, the phrase “month, and” in Article 36, paragraph 2. , item (iv) is deemed to be replaced with “period as prescribed by the employer and the labor union or a person representing a majority of the workers in the agreement as set forth in the preceding paragraph, of more than one day but not more than three months, and”, and the provisions of Article 36, paragraphs (iii) through (v) and paragraph (vi) (limited to the parts that concern items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement as set forth in Article 36, paragraph 1. establishes a period that includes the aforementioned date and the date that immediately follows it, until one year passes from the start date of that period).
Article 1401. To apply the provisions of Article 36 to the services of vehicle transportation businesses serving general passengers (meaning vehicle transportation businesses serving general passengers as defined in Article 3, item (i), (c) of the Road Transportation Act (Act No. 183 of 1951)), the services of motor truck transportation business (the motor truck transportation business as defined in Article 2, paragraph 1. of the Motor Truck Transportation Business Act (Act No. 83 of 1989)), and other services that involve vehicle operation as prescribed by Order of the Ministry of Health, Labour and Welfare, the phrase “(limited in scope to fewer than 100 hours including the hours prescribed in the agreement in connection with paragraph 2. , item (iv)), as well as the number of hours by which the employer may extend the working hours it has a worker work per year (limited in scope to fewer than 720 hours including the hours prescribed in the agreement in connection with that item), If it needs to temporarily have a worker work more than the off-hours maximum referred to in paragraph 3. due to an ordinarily unforeseeable, significant increase in the workload at the workplace. In such a case, the agreement referred to in paragraph 1. must also prescribe the number of months (up to six months per year) in the applicable period referred to in paragraph 2. , item (ii) during which the number of hours by which the employer extends the working hours it has a worker work may exceed 45 hours per month (or 42 hours per month, if the employer has a worker work pursuant to the provisions of Article 32-4 after setting a period exceeding three months as the applicable period referred to in Article 32-4, paragraph 1. , item (ii))” in Article 36, paragraph 5. is deemed to be replaced with “and the number of hours by which the employer may extend the working hours it has a worker work per year (limited in scope to not more than 960 hours including the hours prescribed in the agreement concerning paragraph 2. , item (iv))”, and the provisions of Article 36, paragraph 6. (limited to the parts that concern items (ii) and (iii)) do not apply, until otherwise provided for by law. -
Notwithstanding the provisions of the preceding paragraph, as concerns services as prescribed in the preceding paragraph, the phrase “month, and” in Article 36, paragraph 2. , item (iv) is deemed to be replaced with “period established by the employer and the labor union or a person representing a majority of the workers in the agreement as set forth in the preceding paragraph, of more than one day but not more than three months, and”, and the provisions of Article 36, paragraphs (iii) through (v) and paragraph (vi) (limited to the parts that concern items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement as set forth in Article 36, paragraph 1. establishes a period that includes the aforementioned date and the date that immediately follows it, until one year passes from the start date of that period).
Article 141
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To apply the provisions of Article 36 to medical practitioners engaged in medical practice (limited to the medical practitioners that are necessary for ensuring the medical care delivery system as prescribed by Order of the Ministry of Health, Labour and Welfare), the phrase “the number of hours by which the employer may extend the working hours it has a worker work per day, month, and year during the applicable period” in Article 36, paragraph 2. , item (iv) is deemed to be replaced with “the number of hours by which the employer may extend the working hours it has a worker work during the applicable period” and the phrase “the off-hours maximum” in Article 36, paragraph 3. is deemed to be replaced with “the off-hours maximum and the hours that are prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of the workers”, and the provisions of Article 36, paragraphs 5. and 6. (limited to the portions that concern items (ii) and (iii)) do not apply, until otherwise provided for by law.
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In a case as referred to in the preceding paragraph, the agreement referred to in Article 36, paragraph 1. may establish the number of hours by which the employer may extend the working hours it has a worker work in excess of the hours established in the agreement concerning Article 36, paragraph 2. , item (iv) (including the number of hours established in the agreement concerning Article 36, paragraph 2. , item (iv), and limited in scope to not more than the number of hours and the number of months prescribed in Article 36, paragraph 5. and the number of hours prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of the workers) if the employer needs to temporarily have a worker work more than the hours prescribed by Order of the Ministry of Health, Labour and Welfare referred to in Article 36, paragraph 3. as applied following a deemed replacement of terms pursuant to the provisions of the preceding paragraph due to an ordinarily unforeseeable, significant increase in the workload at the workplace, as well as any other matters prescribed by Order of the Ministry of Health, Labour and Welfare, in addition to the items of paragraph 2. of Article 36.
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In a case as referred to in paragraph 1. , even if the employer extends the working hours it has a worker work or has a worker work on a day off pursuant to the agreement as prescribed in Article 36, paragraph 1. , it must not have that worker work beyond the hours prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the requirements provided for in Article 36, paragraph 6. and workers’ health and welfare.
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Notwithstanding the provisions of the preceding three paragraphs, as concerns a medical practitioner engaged in medical practice, “month, and” in Article 36, paragraph 2. , item (iv) is deemed to be replaced with “period as prescribed by the employer and the labor union or a person representing a majority of the workers in the agreement as set forth in the preceding paragraph, of more than one day but not more than three months, and”, and the provisions of Article 36, paragraphs (iii) through (v) and paragraph (vi) (limited to the parts that concern items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement as set forth in Article 36, paragraph 1. establishes a period that includes the aforementioned date and the date that immediately follows it, until one year passes from the start date of that period).
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A person violating the provisions of paragraph 3. is subject to imprisonment with work of not more than 6 months or to a fine of not more than 300,000 yen.
Article 142To apply the provisions of Article 36 to sugar manufacturing businesses in Kagoshima Prefecture and Okinawa Prefecture, the phrase “the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on days off per month (limited in scope to fewer than 100 hours including the hours prescribed in the agreement in connection with paragraph 2. , item (iv))” and “that item” in Article 36, paragraph 5. are deemed to be respectively replaced with " the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on days off per month" and “paragraph 2. , item (iv)”, and the provisions of Article 36, paragraph 6. (limited to the parts that concern items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement as referred to in Article 36, paragraph 1. establishes a period that includes the aforementioned date and the date that immediately follows it, until one year passes from the start date of that period).
Appended Table 1
(Re: Art. 33, Art. 40, Art. 41, Art. 56, and Art. 61)
(i)a business that manufactures, converts, processes, repairs, washes, sorts, packs, decorates, finishes, tailors for sale, destroys, or dismantles objects, or alters materials (including a business that generates, changes, or transmits electricity, gas, or other power sources, and a water supply business)
(ii)a mining, quarrying, or other soil- or mineral-collection business
(iii)a civil engineering business or a business that builds or otherwise constructs, remodels, preserves, repairs, changes, destroys, or dismantles structures, or prepares therefor
(iv)a business that transports passengers or freight by road, railway, tram, cableway, ship, or aircraft
(v)a business that handles freight at, on, or in docks, ships, quays, wharfs, stations, or warehouses
(vi)a business that cultivates or reclaims land, or plants, grows, harvests, or cuts pla<a name="supplementary-provisions"></a>
Supplementary Provisions [Extract]
Article 122
The effective date of this Act is specified by Imperial Ordinance.
Article 123
The Factory Act, Act on the Minimum Age of Industrial Workers, Workers’ Compensation Act, Shop Act, Act on the Prohibition of Manufacturing Yellow Phosphorus Matches, and Act No. 87 of 1939 are hereby repealed.
Article 129
Compensation for injury or illness for a worker’s injury, illness, or death in the course of employment that has occurred prior to the enforcement of this Act continues to be subject to the provisions of the former Act concerning support.
Article 131
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To apply the provisions of Article 32, paragraph 1. (excluding as applied following a deemed replacement of terms pursuant to Article 60, paragraph 2. ) to businesses not larger than the scale specified by an order or businesses of the business types specified by an order, the term “40 hours” in Article 32, paragraph 1. is deemed to be replaced with “hours specified by an order within the range exceeding 40 hours but not more than 44 hours” until March 31, 1997.
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The order set forth in Article 32, paragraph 1. , as applied following a deemed replacement of terms pursuant to the provisions of the preceding paragraph, is established in consideration of workers’ welfare, trends in working hours, and other circumstances.
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If an order set forth in Article 32, paragraph 1. , as applied following the deemed replacement of terms pursuant to the provisions of paragraph 1. , is established or amended, transitional measures (including transitional measures for penal provisions) to the effect that the rules prior to the establishment or amendment of the order continue to govern businesses not larger than a certain scale or of certain business types only for a certain period may be prescribed by that order.
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The Minister of Labor must hear the opinions of the Central Labor Standards Council prior to planning the establishment or amendment of the order set forth in Article 32, paragraph 1. , as applied following a deemed replacement of terms pursuant to the provisions of paragraph 1. .
Article 132
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To apply the provisions of Article 32-4, paragraph 1. to a business as prescribed in paragraph 1. of the preceding Article while the provisions of that paragraph apply, the wording in the parts of paragraph 1. of Article 32-4 other than the items is deemed to be replaced with “Notwithstanding the provisions of Article 32, if the employer has established the following particulars and the average working hours per week for the period determined as the applicable period set forth in item (ii) are within 40 hours (or within the number of hours specified by an order within the range exceeding 40 hours but not more than 42 hours for businesses not larger than the scale specified by an order) and premium wages are paid for hours worked (excluding hours subject to the provisions of Article 37, paragraph 1. ) in excess of the working hours in accordance with the provisions of that Article, pursuant to a written agreement with the labor union that has been organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union, the employer may have a worker work in excess of the working hours set forth in Article 32, paragraph 1. in a specified week or weeks, and have a worker work in excess of the working hours set forth in paragraph 2. of that Article on a specified day or days in accordance with that written agreement (including what has been prescribed as under the provisions of the following paragraph, if applicable), within a scope that does not cause the weekly average working hours for the period established in that agreement as the applicable period referred to in item (ii) to exceed the working hours set forth in paragraph 1. of that Article. In such a case, if the employer has a worker work in excess of 40 hours (or hours specified by an order set forth in the first sentence for businesses not larger than the scale specified by an order set forth in the first sentence) as the average working hours per week for the above period, the employer must pay the worker premium wages for the hours worked in excess (excluding hours subject to the provisions of Article 37, paragraph 1. ) in accordance with the provisions of Article 37.”, and the wording “40 hours” in item (ii) of that paragraph is deemed to be replaced with "the working hours set forth in Article 32, paragraph 1. ".
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To apply the provisions of Article 32-5, paragraph 1. to a business as prescribed in paragraph 1. of the preceding Article while the provisions of that paragraph apply, in Article 32-5, paragraph 1. , the phrase “if there is a written agreement with the labor union that has been organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace” is deemed to be replaced with " if the employer has established that the working hours per week are within 40 hours (or hours specified by an order within the range exceeding 40 hours but not more than 42 hours for businesses not larger than the scale specified by an order) and premium wages are paid for hours worked (excluding hours subject to the provisions of paragraph 1. of Article 37) in excess of those working hours in accordance with the provisions of that Article, in a written agreement with the labor union that has been organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union", and the phrase “per day if that worker is employed in a business prescribed by Order of the Ministry of Health, Labour and Welfare in which there is frequently substantial fluctuation in daily business, in which, since this is anticipated, it is found to be difficult to fix daily working hours through rules of employment or their equivalent, and in which the number of regular employees is below the number prescribed by Order of the Ministry of the Health, Labour and Welfare” is deemed to be replaced with “per day within the working hours set forth in paragraph 1. of that Article per week if that worker is employed in a business prescribed by Order of the Ministry of Health, Labour and Welfare in which there is frequently substantial fluctuation in daily business, in which, since this is anticipated, it is found to be difficult to fix daily working hours through rules of employment or their equivalent, and in which the number of regular employees is below the number prescribed by Order of the Ministry of the Health, Labour and Welfare. In such a case, if the employer has a worker work in excess of 40 hours (or hours specified by an order set forth in the first sentence for businesses not larger than the scale specified by an order set forth in the first sentence) per week, the employer must pay the worker premium wages for the hours worked in excess (excluding hours subject to the provisions of Article 37, paragraph 1. ) in accordance with the provisions of Article 37”.
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The provisions of paragraph 4. of the preceding Article apply mutatis mutandis to the orders set forth in Article 32-4, paragraph 1. and Article 32-5, paragraph 1. (limited to the part subject to deemed replacement pursuant to the provisions of paragraph 2. ), as applied following a deemed replacement of their terms pursuant to the provisions of the preceding two paragraphs.
Article 133
Considering that the provisions of Article 64-2, paragraph 1. and paragraph 2. prior to its amendment under Article 4 of the Act on the Revision of Acts Related to the Ministry of Labour for Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Act No. 92 of 1997) ceased to apply on April 1, 1999 to women of 18 years of age or over who did not fall under the category of persons provided by the order prescribed in Article 64-2, paragraph 4. prior to that amendment, and also taking into the consideration the impact which significant changes in the vocational life of the women in question who constitute workers taking care of their children or other family members (those women are limited to those prescribed by Order of the Ministry of Health, Labour and Welfare; hereinafter referred to as "specified workers " in this Article) will bring on their family life, when the Minister of Health, Labour and Welfare establishes the standards set forth in Article 36, paragraph 2. of this Act, the Minister is to establish the standards for the specified workers (limited to those who notify their employers of their intention to shorten their off-hours work) separately from the standards for those other than specified workers, with respect to the limits on the extension of working hours set forth in the agreement in Article 36, paragraph 1. of this Act, and set them so that the working hour extension limit is shorter than that of the standards for those other than specified workers, for the period prescribed by Order of the Ministry of Health, Labour and Welfare. In such a case, the standard for limits on the extension of working hours per year must be set at one that does not exceed 150 hours.
Article 134
To apply the provisions of Article 39 to a business that continuously employs not more than 300 workers, the term “10 working days” in paragraph 1. of that Article is deemed to be replaced with “six working days” until March 31, 1991, and the term “10 working days” in that paragraph is deemed to be replaced with “eight working days” from April 1, 1991 until March 31, 1994.
Article 135
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To apply the provisions of Article 39 to a worker whom an employer has continuously employed for four to eight years after the six-month mark, if the day following that on which the worker reaches one of those years of continuous employment after the six-month mark falls during the period from April 1, 1999 to March 31, 2000, for each category of the number of years of continuous employment from the six-month mark set forth in the left-hand column of the following table, the phrase in the table referred to in Article 39, paragraph 2. that is set forth in the middle column of the following table is deemed to be replaced with the phrase set forth in the right-hand column of the following table until March 31, 2000.
Four years Six working days Five working days
|Five years |Eight working days |Six working days |
|Six years |Ten working days |Seven working days|
|Seven years |Ten working days|Eight working days|
|Eight years|Ten working days|Nine working days|
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To apply the provisions of Article 39 to a worker whom an employer has continuously employed for five to seven years after the six-month mark, if the day following that on which the worker reaches one of those years of continuous employment after the six-month mark falls during the period from April 1, 2000 to March 31, 2001, for each category of the number of years of continuous employment from the six-month mark set forth in the left-hand column of the following table, the phrase in the table referred to in paragraph 2. of Article 39 that is set forth in the middle column of the following table is deemed to be replaced with the phrase set forth in the right-hand column of the following table during the period from April 1, 2000 to March 31, 2001.
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|Five years |Eight working days |Six working days |
|Six years |Ten working days |Seven working days|
|Seven years |Ten working days|Eight working days| -
The provisions of the preceding two paragraphs do not apply to the minors prescribed in Article 72.
Article 136An employer must strive not to reduce the wages of a worker who has taken paid leave under the provisions of paragraphs 1. through 4. of Article 39 or subject such a worker to other disadvantageous treatment.
Article 137
Notwithstanding the provisions of Article 628 of the Civil Code, until the measures provided for in Article 3 of the Supplementary Provisions of the Act on the Partial Revision of the Labor Standards Act (Act No. 104 of 2003) are taken, beginning on the day that falls one year after the first day of the term of the labor contract, a worker who has entered into a fixed-term labor contract (but only one with a term of over one year; contracts in which it is provided that the contract period is the period necessary for the completion of a specific undertaking business are excluded) (other than a worker as prescribed in the items of paragraph 1. of Article 14), may separate from employment at any time by giving notice of this to the employer.
Article 138: (Deleted)
Article 139
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To apply the provisions of Article 36 to a business for constructing structures (limited to projects for recovery and reconstruction after a disaster) and other related business prescribed by Order of the Ministry of Health, Labour and Welfare, the phrases “the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on days off per month (limited in scope to fewer than 100 hours including the hours prescribed in the agreement in connection with paragraph 2. , item (iv))” and “that item” in Article 36, paragraph 5. are deemed to be respectively replaced with “the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on days off per month” and “paragraph 2. , item (iv)”; and the provisions of Article 36, paragraph 6. (limited to the parts that concern items (ii) and (iii)) do not apply, until otherwise provided for by law.
-
Notwithstanding the provisions of the preceding paragraph, as concerns a business for constructing structures or any other business prescribed by Order of the Ministry of Health, Labour and Welfare as being related thereto, the phrase “month, and” in Article 36, paragraph 2. , item (iv) is deemed to be replaced with “period as prescribed by the employer and the labor union or a person representing a majority of the workers in the agreement as set forth in the preceding paragraph, of more than one day but not more than three months, and”, and the provisions of Article 36, paragraphs (iii) through (v) and paragraph (vi) (limited to the parts that concern items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement as set forth in Article 36, paragraph 1. establishes a period that includes the aforementioned date and the date that immediately follows it, until one year passes from the start date of that period).
Article 1401. To apply the provisions of Article 36 to the services of vehicle transportation businesses serving general passengers (meaning vehicle transportation businesses serving general passengers as defined in Article 3, item (i), (c) of the Road Transportation Act (Act No. 183 of 1951)), the services of motor truck transportation business (the motor truck transportation business as defined in Article 2, paragraph 1. of the Motor Truck Transportation Business Act (Act No. 83 of 1989)), and other services that involve vehicle operation as prescribed by Order of the Ministry of Health, Labour and Welfare, the phrase “(limited in scope to fewer than 100 hours including the hours prescribed in the agreement in connection with paragraph 2. , item (iv)), as well as the number of hours by which the employer may extend the working hours it has a worker work per year (limited in scope to fewer than 720 hours including the hours prescribed in the agreement in connection with that item), If it needs to temporarily have a worker work more than the off-hours maximum referred to in paragraph 3. due to an ordinarily unforeseeable, significant increase in the workload at the workplace. In such a case, the agreement referred to in paragraph 1. must also prescribe the number of months (up to six months per year) in the applicable period referred to in paragraph 2. , item (ii) during which the number of hours by which the employer extends the working hours it has a worker work may exceed 45 hours per month (or 42 hours per month, if the employer has a worker work pursuant to the provisions of Article 32-4 after setting a period exceeding three months as the applicable period referred to in Article 32-4, paragraph 1. , item (ii))” in Article 36, paragraph 5. is deemed to be replaced with “and the number of hours by which the employer may extend the working hours it has a worker work per year (limited in scope to not more than 960 hours including the hours prescribed in the agreement concerning paragraph 2. , item (iv))”, and the provisions of Article 36, paragraph 6. (limited to the parts that concern items (ii) and (iii)) do not apply, until otherwise provided for by law. -
Notwithstanding the provisions of the preceding paragraph, as concerns services as prescribed in the preceding paragraph, the phrase “month, and” in Article 36, paragraph 2. , item (iv) is deemed to be replaced with “period established by the employer and the labor union or a person representing a majority of the workers in the agreement as set forth in the preceding paragraph, of more than one day but not more than three months, and”, and the provisions of Article 36, paragraphs (iii) through (v) and paragraph (vi) (limited to the parts that concern items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement as set forth in Article 36, paragraph 1. establishes a period that includes the aforementioned date and the date that immediately follows it, until one year passes from the start date of that period).
Article 141
-
To apply the provisions of Article 36 to medical practitioners engaged in medical practice (limited to the medical practitioners that are necessary for ensuring the medical care delivery system as prescribed by Order of the Ministry of Health, Labour and Welfare), the phrase “the number of hours by which the employer may extend the working hours it has a worker work per day, month, and year during the applicable period” in Article 36, paragraph 2. , item (iv) is deemed to be replaced with “the number of hours by which the employer may extend the working hours it has a worker work during the applicable period” and the phrase “the off-hours maximum” in Article 36, paragraph 3. is deemed to be replaced with “the off-hours maximum and the hours that are prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of the workers”, and the provisions of Article 36, paragraphs 5. and 6. (limited to the portions that concern items (ii) and (iii)) do not apply, until otherwise provided for by law.
-
In a case as referred to in the preceding paragraph, the agreement referred to in Article 36, paragraph 1. may establish the number of hours by which the employer may extend the working hours it has a worker work in excess of the hours established in the agreement concerning Article 36, paragraph 2. , item (iv) (including the number of hours established in the agreement concerning Article 36, paragraph 2. , item (iv), and limited in scope to not more than the number of hours and the number of months prescribed in Article 36, paragraph 5. and the number of hours prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the health and welfare of the workers) if the employer needs to temporarily have a worker work more than the hours prescribed by Order of the Ministry of Health, Labour and Welfare referred to in Article 36, paragraph 3. as applied following a deemed replacement of terms pursuant to the provisions of the preceding paragraph due to an ordinarily unforeseeable, significant increase in the workload at the workplace, as well as any other matters prescribed by Order of the Ministry of Health, Labour and Welfare, in addition to the items of paragraph 2. of Article 36.
-
In a case as referred to in paragraph 1. , even if the employer extends the working hours it has a worker work or has a worker work on a day off pursuant to the agreement as prescribed in Article 36, paragraph 1. , it must not have that worker work beyond the hours prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the requirements provided for in Article 36, paragraph 6. and workers’ health and welfare.
-
Notwithstanding the provisions of the preceding three paragraphs, as concerns a medical practitioner engaged in medical practice, “month, and” in Article 36, paragraph 2. , item (iv) is deemed to be replaced with “period as prescribed by the employer and the labor union or a person representing a majority of the workers in the agreement as set forth in the preceding paragraph, of more than one day but not more than three months, and”, and the provisions of Article 36, paragraphs (iii) through (v) and paragraph (vi) (limited to the parts that concern items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement as set forth in Article 36, paragraph 1. establishes a period that includes the aforementioned date and the date that immediately follows it, until one year passes from the start date of that period).
-
A person violating the provisions of paragraph 3. is subject to imprisonment with work of not more than 6 months or to a fine of not more than 300,000 yen.
Article 142To apply the provisions of Article 36 to sugar manufacturing businesses in Kagoshima Prefecture and Okinawa Prefecture, the phrase “the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on days off per month (limited in scope to fewer than 100 hours including the hours prescribed in the agreement in connection with paragraph 2. , item (iv))” and “that item” in Article 36, paragraph 5. are deemed to be respectively replaced with " the number of hours by which the employer may extend the working hours it has a worker work per month and the number of hours it may have a worker work on days off per month" and “paragraph 2. , item (iv)”, and the provisions of Article 36, paragraph 6. (limited to the parts that concern items (ii) and (iii)) do not apply, until March 31st, 2024 (or, if an agreement as referred to in Article 36, paragraph 1. establishes a period that includes the aforementioned date and the date that immediately follows it, until one year passes from the start date of that period).
(Re: Art. 33, Art. 40, Art. 41, Art. 56, and Art. 61)
(i)a business that manufactures, converts, processes, repairs, washes, sorts, packs, decorates, finishes, tailors for sale, destroys, or dismantles objects, or alters materials (including a business that generates, changes, or transmits electricity, gas, or other power sources, and a water supply business)
(ii)a mining, quarrying, or other soil- or mineral-collection business
(iii)a civil engineering business or a business that builds or otherwise constructs, remodels, preserves, repairs, changes, destroys, or dismantles structures, or prepares therefor
(iv)a business that transports passengers or freight by road, railway, tram, cableway, ship, or aircraft
(v)a business that handles freight at, on, or in docks, ships, quays, wharfs, stations, or warehouses
(vi)a business that cultivates or reclaims land, or plants, grows, harvests, or cuts plants, or any other agricultural or forestry business
(vii)a business that breeds animals, or harvests or cultivates aquatic animals or plants, or any other such livestock, sericulture, or fishery business
(viii)a business that sells, supplies, retains, or leases goods, or a business involving hairdressing
(ix)a financial, insurance, intermediation, brokering, money-collecting, guiding, or advertising business
(x)a business that makes or shows motion pictures, a business involved in theatrical productions, or any other business involving entertainment
(xi)a mail, correspondence delivery, or telecommunications business
(xii)a business involving education, research, or surveys
(xiii)a business that treats or nurses sick or infirm people, or any other business involving health and hygiene
(xiv)a hotel or restaurant business, a business involving an eating and drinking establishment, a business in the service industry, or a business involving an amusement center
(xv)an incineration, cleaning, or slaughterhouse business
Appended Table 2 Table of Physical Disability Grades and Compensation for Injury or Illness (Re: Art. 77)
| Grade | Accident compensation |
|---|---|
| Grade 1 | 1,340 days |
| Grade 2 | 1,190 days |
| Grade 3 | 1,050 days |
| Grade 4 | 920 days |
| Grade 5 | 790 days |
| Grade 6 | 670 days |
| Grade 7 | 560 days |
| Grade 8 | 450 days |
| Grade 9 | 350 days |
| Grade 10 | 270 days |
| Grade 11 | 200 days |
| Grade 12 | 140 days |
| Grade 13 | 90 days |
| Grade 14 | 50 days |
Appended Table 3 Table of Payment of Compensation Installments (Re: Art. 82)
|
Category
|
Grade
|
Accident compensation
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Compensation for disabilities
|
Grade 1
|
240 days
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 2
|
213 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 3
|
188 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 4
|
164 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 5
|
142 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 6
|
120 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 7
|
100 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 8
|
80 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 9
|
63 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 10
|
48 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 11
|
36 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 12
|
25 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 13
|
16 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Grade 14
|
9 days
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Compensation for bereaved families
</td
[Supplementary Provisions [Extract]](#supplementary-provisions)
Article 122The effective date of this Act is specified by Imperial Ordinance. Article 123The Factory Act, Act on the Minimum Age of Industrial Workers, Workers’ Compensation Act, Shop Act, Act on the Prohibition of Manufacturing Yellow Phosphorus Matches, and Act No. 87 of 1939 are hereby repealed. Article 129Compensation for injury or illness for a worker’s injury, illness, or death in the course of employment that has occurred prior to the enforcement of this Act continues to be subject to the provisions of the former Act concerning support. Article 131
Article 132
Article 133Considering that the provisions of Article 64-2, paragraph 1. and paragraph 2. prior to its amendment under Article 4 of the Act on the Revision of Acts Related to the Ministry of Labour for Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Act No. 92 of 1997) ceased to apply on April 1, 1999 to women of 18 years of age or over who did not fall under the category of persons provided by the order prescribed in Article 64-2, paragraph 4. prior to that amendment, and also taking into the consideration the impact which significant changes in the vocational life of the women in question who constitute workers taking care of their children or other family members (those women are limited to those prescribed by Order of the Ministry of Health, Labour and Welfare; hereinafter referred to as "specified workers " in this Article) will bring on their family life, when the Minister of Health, Labour and Welfare establishes the standards set forth in Article 36, paragraph 2. of this Act, the Minister is to establish the standards for the specified workers (limited to those who notify their employers of their intention to shorten their off-hours work) separately from the standards for those other than specified workers, with respect to the limits on the extension of working hours set forth in the agreement in Article 36, paragraph 1. of this Act, and set them so that the working hour extension limit is shorter than that of the standards for those other than specified workers, for the period prescribed by Order of the Ministry of Health, Labour and Welfare. In such a case, the standard for limits on the extension of working hours per year must be set at one that does not exceed 150 hours. Article 134To apply the provisions of Article 39 to a business that continuously employs not more than 300 workers, the term “10 working days” in paragraph 1. of that Article is deemed to be replaced with “six working days” until March 31, 1991, and the term “10 working days” in that paragraph is deemed to be replaced with “eight working days” from April 1, 1991 until March 31, 1994. Article 135
|Five years |Eight working days |Six working days |
Article 137Notwithstanding the provisions of Article 628 of the Civil Code, until the measures provided for in Article 3 of the Supplementary Provisions of the Act on the Partial Revision of the Labor Standards Act (Act No. 104 of 2003) are taken, beginning on the day that falls one year after the first day of the term of the labor contract, a worker who has entered into a fixed-term labor contract (but only one with a term of over one year; contracts in which it is provided that the contract period is the period necessary for the completion of a specific undertaking business are excluded) (other than a worker as prescribed in the items of paragraph 1. of Article 14), may separate from employment at any time by giving notice of this to the employer. Article 138: (Deleted)Article 139
Article 141
(Re: Art. 33, Art. 40, Art. 41, Art. 56, and Art. 61) (i)a business that manufactures, converts, processes, repairs, washes, sorts, packs, decorates, finishes, tailors for sale, destroys, or dismantles objects, or alters materials (including a business that generates, changes, or transmits electricity, gas, or other power sources, and a water supply business) (ii)a mining, quarrying, or other soil- or mineral-collection business (iii)a civil engineering business or a business that builds or otherwise constructs, remodels, preserves, repairs, changes, destroys, or dismantles structures, or prepares therefor (iv)a business that transports passengers or freight by road, railway, tram, cableway, ship, or aircraft (v)a business that handles freight at, on, or in docks, ships, quays, wharfs, stations, or warehouses (vii)a business that breeds animals, or harvests or cultivates aquatic animals or plants, or any other such livestock, sericulture, or fishery business (viii)a business that sells, supplies, retains, or leases goods, or a business involving hairdressing (ix)a financial, insurance, intermediation, brokering, money-collecting, guiding, or advertising business (x)a business that makes or shows motion pictures, a business involved in theatrical productions, or any other business involving entertainment (xi)a mail, correspondence delivery, or telecommunications business (xii)a business involving education, research, or surveys (xiii)a business that treats or nurses sick or infirm people, or any other business involving health and hygiene (xiv)a hotel or restaurant business, a business involving an eating and drinking establishment, a business in the service industry, or a business involving an amusement center (xv)an incineration, cleaning, or slaughterhouse business
|
180 days
|
(vii)a business that breeds animals, or harvests or cultivates aquatic animals or plants, or any other such livestock, sericulture, or fishery business
(viii)a business that sells, supplies, retains, or leases goods, or a business involving hairdressing
(ix)a financial, insurance, intermediation, brokering, money-collecting, guiding, or advertising business
(x)a business that makes or shows motion pictures, a business involved in theatrical productions, or any other business involving entertainment
(xi)a mail, correspondence delivery, or telecommunications business
(xii)a business involving education, research, or surveys
(xiii)a business that treats or nurses sick or infirm people, or any other business involving health and hygiene
(xiv)a hotel or restaurant business, a business involving an eating and drinking establishment, a business in the service industry, or a business involving an amusement center
(xv)an incineration, cleaning, or slaughterhouse business
Appended Table 2 Table of Physical Disability Grades and Compensation for Injury or Illness (Re: Art. 77)
| Grade | Accident compensation |
|---|---|
| Grade 1 | 1,340 days |
| Grade 2 | 1,190 days |
| Grade 3 | 1,050 days |
| Grade 4 | 920 days |
| Grade 5 | 790 days |
| Grade 6 | 670 days |
| Grade 7 | 560 days |
| Grade 8 | 450 days |
| Grade 9 | 350 days |
| Grade 10 | 270 days |
| Grade 11 | 200 days |
| Grade 12 | 140 days |
| Grade 13 | 90 days |
| Grade 14 | 50 days |
Appended Table 3 Table of Payment of Compensation Installments (Re: Art. 82)
|
Category
|
Grade
|
Accident compensation
|
|
Compensation for disabilities
|
Grade 1
|
240 days
|
|
Grade 2
|
213 days
|
|
|
Grade 3
|
188 days
|
|
|
Grade 4
|
164 days
|
|
|
Grade 5
|
142 days
|
|
|
Grade 6
|
120 days
|
|
|
Grade 7
|
100 days
|
|
|
Grade 8
|
80 days
|
|
|
Grade 9
|
63 days
|
|
|
Grade 10
|
48 days
|
|
|
Grade 11
|
36 days
|
|
|
Grade 12
|
25 days
|
|
|
Grade 13
|
16 days
|
|
|
Grade 14
|
9 days
|
|
|
Compensation for bereaved families
|
180 days
|