はじめに Introduction
Whether you are a Japanese national or a foreign resident working in Japan, the 労働基準法 (Labor Standards Act) protects your fundamental rights as an employee. Many workers are unaware of the specific protections they are entitled to — and some employers, intentionally or not, may violate these rights. This guide explains the core protections every worker in Japan should know.
労働時間と残業 Working Hours and Overtime
Under the Labor Standards Act, standard working hours are capped at:
- 8 hours per day
- 40 hours per week
Work beyond these limits is considered overtime (残業). Employers must pay a premium rate for overtime:
- Regular overtime: at least 25% above regular pay
- Overtime exceeding 60 hours/month: at least 50% above regular pay
- Late-night work (22:00–05:00): at least 25% above regular pay
- Holiday work: at least 35% above regular pay
The so-called "36 Agreement" (三六協定) is a labor-management agreement that allows overtime — but even with this agreement, there are legal caps on total overtime hours.
有給休暇 Paid Annual Leave
Employees who have worked at a company for 6 months continuously and have attended at least 80% of scheduled working days are entitled to paid leave. The entitlement increases with years of service:
| Years of Continuous Service | Days of Paid Leave |
|---|---|
| 6 months | 10 days |
| 1.5 years | 11 days |
| 2.5 years | 12 days |
| 3.5 years | 14 days |
| 4.5 years | 16 days |
| 5.5 years | 18 days |
| 6.5 years or more | 20 days |
Employers are also now required to ensure employees use at least 5 paid leave days per year.
不当解雇から身を守る Protection Against Unfair Dismissal
Under Article 16 of the Labor Contract Act, dismissal that lacks objectively reasonable grounds or is not socially acceptable is considered invalid. In practice, this means:
- Employers must generally give 30 days' advance notice before dismissal, or pay 30 days' wages in lieu
- Dismissal during illness/injury leave or maternity leave is prohibited
- "At-will" dismissal as practiced in some countries is not the standard in Japan
ハラスメント Harassment Protections
Japan has strengthened its anti-harassment laws significantly in recent years:
- パワーハラスメント (Power Harassment / "Pawa-hara"): Large employers (and now all employers) are legally required to have measures in place to prevent workplace power harassment.
- セクシャルハラスメント (Sexual Harassment): Employers are legally obligated to prevent sexual harassment and take corrective action when it occurs.
- マタニティハラスメント (Maternity Harassment / "Mata-hara"): Discriminatory treatment related to pregnancy or childcare leave is prohibited.
相談窓口 Where to Get Help
If you believe your rights have been violated, these are your main options:
- 労働基準監督署 (Labour Standards Inspection Office): File a complaint or seek guidance — these offices exist in every prefecture.
- 労働相談ほっとライン (0120-811-610): Free phone consultation on working conditions.
- 法テラス (0570-078374): For legal aid referrals if you are considering formal action.
- 労働審判 (Labor Tribunal): A faster alternative to full litigation for resolving individual labor disputes.
まとめ
Understanding your rights as a worker in Japan is the first step toward protecting them. Keep records of your working hours, pay slips, and any communications relevant to potential disputes. When in doubt, seek advice from one of the official consultation services above — often a single phone call is enough to clarify your options.