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JAPAN · EMPLOYMENT LAW · BASE RULES & EXCEPTIONS

Every rule in Japan has an exception waiting behind it.

Japanese labor law is a base rule qualified by exceptions — layers of them, many with no equivalent in your home jurisdiction. These notes give you the base rules in English, one structure at a time, so a decision made at headquarters still holds here. Keeping the dispute from ever starting is what a Japanese labor attorney is for.

原則があり、例外がある。日本の労働法は極めて複雑で、日本独自の制度も少なくありません。まずは基本ルールを英語で整理してお届けします。紛争を未然に防ぐことが、社会保険労務士の役割です。

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PUBLISHEDIN PREPARATION
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Base rules, exceptions, and what they pull with them.

Highlighted lines show which notes must be read together before a rule can be applied.

01

Setting up & hiring

進出・採用

What you may not ask before hiring, what the written terms must say, who counts as an employee at all, and what must be filed once someone starts.

PLANNEDWhat You Must Not Ask at Recruitment採用時のタブー(聞いてはいけない個人情報)IN PREPARATION
PLANNEDMandatory Procedures After Hiring採用後に必要な法的手続き(届出先とスケジュール)IN PREPARATION
NOTE 05Employment Contracts in Japan日本の雇用契約の基本(必須の記載事項)NOTE 05 · PUBLISHED NOTE 07Fixed-Term Employment Rules有期雇用契約のルールとリスクNOTE 07 · PUBLISHED
PLANNEDEmployee vs Independent Contractor業務委託と従業員の違い(偽装請負・誤分類リスク)IN PREPARATION
PLANNEDWhat Counts as an Unreasonable Difference in Treatment?不合理な待遇差とは?IN PREPARATION
02

Operating

在職中

Working time, work rules, the majority representative, leave, safety and harassment duties.

NOTE 01Working Time — Three Layers労働時間の3種構造NOTE 01 · PUBLISHED NOTE 02Article 36 Agreement vs Rules of Employment36協定と就業規則NOTE 02 · PUBLISHED NOTE 03Hierarchy of Labor Rules労働法規の効力順序NOTE 03 · PUBLISHED
PLANNEDWhen Work Rules Become Mandatory就業規則が必要になる会社(作成・届出方法)IN PREPARATION
PLANNEDWhat a "Union" Means in Japan日本で言う組合とは?労働者の過半数代表IN PREPARATION
PLANNEDAnnual Paid Leave in Japan年次有給休暇制度(年5日の取得義務)IN PREPARATION
PLANNEDOccupational Safety Obligations労働安全衛生法の基本IN PREPARATION
PLANNEDHarassment Prevention Obligationsハラスメント防止義務(パワハラ・セクハラ・カスハラ)IN PREPARATION
03

Leave & insurance

休業・保険

Which agency owns which scheme — and the health, pension, employment and accident insurance that sits under it.

NOTE 06Japan Administrative Agencies Map日本の保険の全体図(労働保険と社会保険に分かれている)NOTE 06 · PUBLISHED NOTE 10Health Insurance — Benefits健康保険制度概要(医療給付と現金給付)NOTE 10 · PUBLISHED
PLANNEDFamily Care Leave介護休業制度IN PREPARATION
PLANNEDChildcare Leave育児休業制度IN PREPARATION
NOTE 09Dependents and Providers被扶養者と扶養者(健康保険・年金・税で異なる)NOTE 09 · PUBLISHED
PLANNEDEmployees’ Pension Explained厚生年金制度概要(社会保障協定)IN PREPARATION
PLANNEDEmployment Insurance Explained雇用保険制度概要IN PREPARATION
NOTE 08Workers’ Compensation Insurance Explained労災保険制度概要(業務災害・通勤災害)NOTE 08 · PUBLISHED
PLANNEDWorkplace Accident Procedures労災事故発生時の対応(報告義務)IN PREPARATION
PLANNEDMental Health and Workers’ Compensation精神障害と労災IN PREPARATION
04

Ending

雇用終了

What ends the contract, why dismissal is the hardest part of the system, and where retirement fits.

NOTE 04What Ends Employment?退職と解雇(普通解雇、自然退職など)NOTE 04 · PUBLISHED
PLANNEDWhy Dismissal Is Difficult in Japan日本ではなぜ解雇が難しいのか(解雇の4条件)IN PREPARATION
PLANNEDLawful Dismissal Requirements解雇の4条件IN PREPARATION
PLANNEDDisciplinary Dismissal懲戒解雇のルールIN PREPARATION
PLANNEDRetirement Age and Re-employment System定年と再雇用制度IN PREPARATION

Recently published

ALL 29 NOTES BY LIFECYCLE ↓
STRUCTURAL NOTE 10 Health insurance pays benefits in two forms: medical benefits and cash benefits. Medical benefits reach the insured and their dependents alike. Within cash benefits, the income-replacement benefits attach to the insured person only — an 傷病手当金 is never paid to a dependent. SUMMARY + PDF → STRUCTURAL NOTE 09 Dependent is not one status. Three systems decide it — each on its own test. Health insurance, pension and tax each define “dependent” separately — different relatives, different income limits, different deciders. The same person can be a dependent for one and not for another, and in National Health Insurance the status does not exist at all. SUMMARY + PDF → STRUCTURAL NOTE 08 Work injuries do not go through health insurance. They have their own system — and its own gate. An injury arising from work or commuting is carved out of health insurance entirely. The gate into 労災 is not the employer’s approval, the worker’s nationality, or whether the company ever filed a form — none of those is an input to the decision. SUMMARY + PDF → STRUCTURAL NOTE 07 On the contract-duration axis, Japan has only two states: fixed-term, or no fixed term. Workplace labels — 正社員, 契約社員, パート — are not contract types. The only legal division is whether a term exists, and it earns its place at the exit: a fixed-term contract has one door more, and both of its doors are regulated. SUMMARY + PDF → STRUCTURAL NOTE 06 There is no single "Ministry of Labor" counter. Coverage splits two ways before it reaches an agency. Labor Insurance and Social Insurance are separate families, and enrolment is tested per scheme — one worker can be inside one and outside another on the same day. SUMMARY + PDF → STRUCTURAL NOTE 05 Two documents are folded into one sheet. Neither of them is what creates the contract. The 労働条件通知書 discharges a public-law disclosure duty; the 雇用契約書 records a private-law agreement. Issued as one combined sheet, they still rest on different statutes and fail independently — and neither is a formation requirement. SUMMARY + PDF →
WHO WRITES THESE
Wakana Chiba, Tokutei Sharoushi

Licensed Labor and Social Security Attorney in Japan

Wakana Chiba is a Tokutei Sharoushi — a nationally qualified and registered Labor and Social Security Attorney in Japan. She advises employers on Japanese employment law, workplace rules, working time, employment documentation, and labor and social insurance procedures, translating complex statutory requirements into policies and operations that work in practice.

METHOD & SOURCES

Legal analysis and review of Japanese primary sources are performed by Wakana Chiba. English terminology is checked against the Japanese Law Translation Database and official MHLW materials. While AI may be used to draft initial texts, all published conclusions have been reviewed by the author.

TSUKURU-HR.COM / GLOBAL  ·  COOKIE POLICYSTATUTORY POSITION AS STATED IN EACH NOTE · GENERAL INFORMATION, NOT LEGAL ADVICE