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www.leglobal.org EMPLOYMENT LAW OVERVIEW JAPAN 2019-2020 ATSUMI & SAKAI / Proud Member of L&E GLOBAL an alliance of employers’ counsel worldwide

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Page 1: employment law overview japan 2019-2020 · term visa should first obtain a Certificateof Eligibility (‘COE’). A COE is a document issued by the Ministry of Justicein Japan. In

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employment law overview japan 2019-2020ATSUMI & SAKAI / Proud Member of L&E GLOBAL

an alliance of employers’ counsel worldwide

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table of contents.

i. General overview 01II. PRE-EMPLOYMENT CONSIDERATIONS 02III. EMPLOYMENT CONTRACTS 03IV. wORkINg CONDITIONS 05V. SOCIAL MEDIA AND DATA PRIVACY 06VI. AuThORISATIONS fOR fOREIgN EMPLOYEES 07 VII. TERMINATION Of EMPLOYMENT CONTRACTS 08VIII. RESTRICTIVE COVENANTS 10IX. TRANSfER Of uNDERTAkINgS 11X. EMPLOYEE BENEfITS 12

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i. general overview

2. Key points•Japanese employment laws mainly coveremployer-employee relationships. Boardmembers and independent contractors are, inprinciple,notcategorisedasemployees.

•There is no “at will” employment in Japan.Japaneselawrequiresthatterminationofregularemployment shall be considered objectively,deemed reasonable, and appropriate uponsocialconvention,whichisreadrigidlyinlightofJapanesejudicialprecedent.

•Regulation concerning overtime work hasbeen strengthened with the recent legislativeamendments. In principle, work on statutorypublicholidaysandlate-nightworkrequiresextraallowanceinadditiontothenormalwage.

•Japaneselawprovidesvariousprotectionsagainstdiscriminative treatmentsnotonlyby reasonofnationality,creed,socialstatusorgender,butalsodue to the associationwith union activities, ortakingchildcareornursingcareleave.Thereisalsoa prohibition against unreasonable differencesbetween full-time permanent employeesand non-regular employees. Furthermore, anemployer’s obligation to prevent harassmenthas been strengthened in light of the recentlegislativeamendments.

•DominantmajorityunionsinJapanaredeemedasenterpriseunions.TheunionisationrateinJapanhasbeenconsiderablyandcontinuouslydeclining.

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1. introductionJapaneseemploymentlawsmainlycoveremployer-employeerelationships.TheselawsapplytoallemployeesworkinginJapanregardlessoftheirnationality.However,boardmembersasdefinedundertheCompany Act (2005)aswellasindependentcontractorsarenotcategorisedasemployeessubjecttoJapaneseemploymentlaws,inprinciple,andthereforearenotprotectedunderJapaneseemploymentlaws.

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ii. PRE-EMPLOYMENT considerations LiMiTaTiONs ON bacKground checKsThere is no statutory limitation on backgroundchecks in Japan. However, due to the sensitivenature of data gathered, certain informationrequirescarefulhandling.TheActontheProtection of Personal Information (2003) provides thatsensitivepersonalinformationsuchasrace,creed,socialstatus,medicalhistory,criminalrecord,andthe fact of having suffered damage by a crimemust not be collected, in principle, unless anapplicant’s consent is obtained. Furthermore, theguidelinesbasedon theEmployment Security Act (1947) provide that an employer is prohibitedfrom acquiring informationwhichmay become acause for social discrimination. This includes, butis not limited to, information pertaining to race,ethnicgroup, social status, familyorigin,domicileor birthplace, creed, personal beliefs, or historyofunionmembership.Inpractice,forthepurposeof lawfully searching an individual’s background,informedconsentfromeachindividualemployeeorprospectiveemployee,andspecifyingthepurposeofandtheitemssubjecttosaidbackgroundcheck,iscommonlyutilised.Itisalsocommonpracticetoaskforadeclarationofcriminalrecordsandtorequireamedical examination. This sensitive informationshallbecollected inasociallyacceptablemethodandsecurelyretained.

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iii. EMPLOYMENT contracts1. MiNiMuM REquiREMENTsWhileanemploymentcontractmaybe inwrittenor verbal form,when concluding an employmentcontract, the followingconditionsmustbeclearlyprovidedinwrittenform:

•termofemployment;•placeofemploymentandjobdescription;•startandfinishtime,overtimework,restperiod,daysoff,leaveandchangeinshifts;

•determination, calculation and payment ofwages(exceptretirementallowancesandspecialwages);and

•resignation(includinggroundsfordismissal).

2. FixEd-TERM/OPEN-ended contractsGenerally, the maximum term of a fixed-termemployment contract is three years. However,there is anexception foremployeeswhopossessexpertknowledge,skillsorexperience,orwhoare60yearsofageorolder,inwhichcasethemaximumtermoftheemploymentcontractisfiveyears.

In the situation where a fixed-term employmentcontract with the same employer has beenrepeatedly renewed, and its total contract termexceedsfiveyears,theemployeeisentitledtoapplyfor conversion of his/her fixed-term employmentintoanindefiniteterm,fromthedayfollowingthedate of expiration of the fixed-term employmentcontract, and the employer is deemed to accepttheapplication.Inaddition,thetotalcontracttermmayberesetbysettingcertaincooling-offperiods(e.g. sixmonths for one year, or additional fixed-terms). Similar to above, an exception exists foremployees who possess expert knowledge, skills

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orexperience,orwhoarecontinuouslyemployedafter the mandatory retirement age, which issubjecttoanapprovalbyaDirectorGeneraloftherelevantLabourBureau.

3. trial periodsInJapan,itiscommonpracticetosetaprobationaryperiod of three to six months for new hires,effectivefromthehiringdate.Whiletherearenolegal requirements regarding the length of theprobationary period, the probationary periodwouldberegardedasvoidifitisunreasonablylongduetoitbeingagainstpublicorderandmorals.Theprobationaryperiodmayalsobefurtherunilaterallyextended inaccordancewith thework rulesand/ortheemploymentcontracts.Inpractice,however,probationary periods are deemed as temporaryperiods for employers to review an employee’squalities and abilities before the employee isable to transition into a regular employment.Consequently, an employer is expected to decidewhether to accept or reject the employee as aregularemployeeaftertheprobationaryperiodhasconcluded.Anextensionoftheprobationaryperiodisonlypermittedifthereisastrongnecessity,andreasonable reasonsexist, forwhich theemployermustcontinuethereviewofanemployee’squalitiesandabilities.Accordingly,anemployerwill faceasignificantlyhigherhurdlewhenthecompanytriesto terminate an employee’s employment duringthe extended probationary period, as comparedtotheterminationaftertheexpirationoftheinitialprobationaryperiod.

4. notice periodsAdvance notice of terminationmust be providedat least 30 days prior to dismissal. An employermayalsoprovideapaymentinlieuofsuchnotice,whichamountstothe30daysormoreofthesalary

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amount.Noticeperiodscanalsobeshortenedbythenumberofdaysforwhichthepaymentinlieuofnoticehasbeenmade.Theadvancenoticeperiodisnotapplicablewhentheemployerdismissesanemployee under the probationary period, withinfourteendaysafterthedateofthecommencementoftheprobationaryperiod.

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iv. worKing conditions 1. salary‘Wage’,asdefinedundertheLabour Standards Act (1947),meansanykindofpaymentmadefromanemployer to its employees as remuneration fortheir work including wage, salary, allowance andbonus.Wages must be paid in the appropriatelydesignated currency and paid in full directly toemployees.Wages,otherthanextraordinarywagesand bonuses, must also be paid to employeesperiodicallyatleastonceamonthonaspecificallydesignateddate.TheamountofminimumwageineachprefectureisregulatedinaccordancewiththeMinimum Wages Act (1959).

Work on statutory holidays and late-night work(between 10 p.m. and 5 a.m.) requires extraallowance in addition to the normal wage.Statutoryholidayallowancemustbeatleast35%ofthenormalhourlywage.Late-nightworkallowancemustbeatleast25%ofthenormalhourlywage.

2. OvERTiMEOver-timeworkofupto60hourspermonthmustbe at least 25% of the normal hourly wage, andover-timework thatexceeds60hourspermonthmustbeat least50%of thenormalhourlywage.Employeesinmanagerialandsupervisorypositionsas defined under the Labour Standards Act are exemptfromtheovertimeregulationsasdiscussedabove.However, the late-nightworkallowance isstillapplicablethereto.

3. health and safety in the worKplace

A. EMPLOYER’S OBLIgATION TO PROVIDE A hEALThY AND SAfE wORkPLACE

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The Labour Contract Act (2007)hasacknowledgedinitswrittenpolicyanemployer’sobligationtotakenecessarycare toensure thephysicalandmentalhealthandsafetyof itsemployees.The Industrial Safety and Health Act (1972), inconjunctionwiththe Labour Standards Act, provides employerswith a compulsory obligation to secure thesafetyandhealthofemployees in theworkplace,as well as to facilitate the establishment of acomfortable working environment, by promotingcomprehensive and systematic countermeasuresconcerning thepreventionof industrialaccidents,takingmeasuresfortheestablishmentofstandardsfor hazard prevention, clarifying the safety andhealth management responsibility, and thepromotion of voluntary activities with a view topreventingindustrialaccidents.

Oneof thepredominantobligationsofemployersunderthe Industrial Safety and Health Actconcernstheestablishmentofanorganisationforsafetyandhealthmanagement.ThisincludesappointmentofaGeneralSafetyandHealthManageranddesignatingsuchpersonwithultimateresponsibilityregardingsuchmatters.Inaddition,employersaretoappointrelevantofficerstosupporttheGeneralSafetyandHealthManager.Theseincludetheappointmentofanindustrialdoctor,theestablishmentofasafetyandhealthcommittee(iftheemployeremploys50regularemployeesormore),andtheappointmentof an operation chief (if the employees engagein work which requires prevention-control ofindustrialaccidents).

The Industrial Safety and Health Act furtherrequires employers to establish measures forpreventingdangers,risksandotherimpairmentstothehealthof itsemployees,aswellaspromotingsafetyandhealtheducationandfacilitatingmedicalexaminationsforemployees.

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v. sOCiaL MEdia aNd data privacy 1. restrictions in the worKplaceAn employer can restrict the employee’s use ofInternet and/or social media in the workplaceduringworking hours. This is because employeesare obliged to devote themselves fully to theirdutiesattheworkplaceduringworkinghours.

A. CAN ThE EMPLOYER MONITOR, ACCESS, REVIEw ThE EMPLOYEE’S ELECTRONIC COMMuNICATIONS?

Work email accounts and computer systems inthe workplace belong to the employer and maythereforebemonitored,accessedandreviewedbytheemployerunder Japanese law.However, suchaccess, ifpermitted, ispossibleonly so faras thefollowing conditions are met before such accessis sought: (i) the employer expressly disclosesthe purpose of monitoring to the employees inquestion in advance, (ii) the employer providesthe employees in question with the relevantand applicable company rules; (ii) the employeridentifiesthepersonresponsibleforimplementingthemonitoring;and(iv)drawsthecompanyrulesstipulating the implementationofmonitoringandannouncesthemtotheemployees.

The monitoring shall be subject to an audit inorder to confirm that it is properly implementedas monitoring, accessing and reviewing theemployees’ electronic communications wouldbe regarded as an acquisition of the employees’personalinformation.

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vi. authorisations for FOREiGN EMPLOYEEs REquiREMENT FOR FOREiGN EMPLOYEEs TO worK Foreignemployeeswhowish to apply for a long-term visa should first obtain a Certificate ofEligibility (‘COE’). A COE is a document issuedby the Ministry of Justice in Japan. In order toobtain the COE, a sponsor in Japan is required.Sponsors can be employers, schools or relatives.ThesponsorinJapanmustcontacttheappropriatelocal immigration office in order to apply for theCOE. Once the COE has been issued, the foreignemployee is then able to apply for a visa beforetheJapaneseembassyorconsulateinthecountrywhere the foreign employee resides. The COEshould be submitted to an immigration inspectorwithavalidvisaforlandingpermissionattheportof entry, within three months from the date ofissue.Once living in Japan, the foreign employeemust notify the local city ward office of his/herplaceofresidence.

Long-term visas can be provided for any type ofwork visa designated by Japanese law, for whichthepermitted standardperiodof stay in Japan isfiveyears,threeyears,oneyear,orthreemonths.Aforeignemployeewhoiscurrentlyworkingforanorganisation outside Japan andwill subsequentlybetransferredtothatorganisation’sJapaneseofficeforalimitedperiod,maybeeligibleforaworkvisaasan intra-companytransferee.Requirements forobtainingan intra-company transfereevisaareasfollows: (i) the twoentitieshavea certain capitalrelationship; (ii) the employee has been engagedin activities which is covered by “engineer” or“humanity, international service” in that foreigncompanyforatleastoneyearimmediatelybeforetransfertoJapan;and,(iii)theemployeewillreceiveasalaryaftertransfertoJapanatthesamelevelor

morethanthatofwhichaJapanesenationalwouldreceive by engaging in the same type ofwork. Aforeign employee who does not fall under thesecategoriesmaybeeligibleforothertypesofworkvisasiftheforeignemployeehasadirectcontractwiththerelevantentityinJapan.

Aforeignemployeeisprohibitedfromengaginginactivityoutsidethescopepermittedintheirworkvisa. However, performing activities outside thescopeof theirwork visa is permissible subject toapprovalgrantedbytheMinisterofJustice.

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vii. TERMiNaTiON OF EMPLOYMENT CONTRaCTs 1. grounds for TERMiNaTiON Japanese lawrequires that terminationof regularemployment shall be considered objectively,deemed reasonable, and appropriate uponsocial convention,which is read rigidly in light ofJapanesejudicialprecedent.UnderJapaneselawalldismissalsaredeemedindividualdismissals.Typicalgrounds for termination include the following: (i)an employee’s inability to provide labour due toinjury, disability, illness or permanent damage,significantlypoorperformance,orlossofthetrustrelationshipduetomaterialfraudinanapplicationforemployment;(ii)breachofworkresponsibilitiesandduties,orders,orworkplacedisciplines,policiesandinternalrules;and(iii)lossofjobresponsibility,redundancyduetobusinessdownsising,economicreasons, or corporate dissolution. All grounds fordismissalshallbeprovidedintheworkrulesorintheemploymentcontract.

Termination due to economic reasons such asredundanciesisstrictlyrestrictedinJapan.Japanesejudicial precedent has established the practicethat the following four factors shouldbemet: (a)necessityofdecreasingthenumberofemployees;(b)necessityofadoptingthe“unilateralterminationof employment contract”method as ameans ofemploymentadjustment;(c)adequateselectionoftheemployeeswhoseemploymentcontractsaretobeterminated;and(d)adequacyoftheterminationprocedure. Importantly, with regards to (b), itrequires that the employer fulfills its best effortobligation to avoid the termination.With respecttoanemploymentcontractwithanindefiniteterm,the terminationdue to redundancy is consideredtobe as a last resort under Japanese labour law,and is only permitted where employers have nochoicebut to terminate theemploymentof their

employees.Themanagementoftheemployermusthavemadeabestefforttoavoidthetermination.This means that the employers should use anyavailablemeanswithin the company prior to thetermination to satisfy their best effort obligationto avoid termination. This includes, but is notlimitedto,reductionofcompensationfordirectors,curbingnewhires,solicitingvoluntaryretirement,encouragingearlyretirement,personnelrelocationandemployeetransfers.

As to a fixed-term employment contracts, anemployer may not dismiss employees until theexpiration of the employment term thereofwithout “unavoidable reasons”. The “unavoidablereasons” are read narrowly and considered tobe more rigid than the requirement of beingobjectivelyreasonableinthecaseofanindefinitetermemploymentcontract.

Furthermore, an employer shall not dismiss anemployee during a period of absence fromworkformedicaltreatmentwithrespecttowork-relatedinjuries or illnesses. Also, an employer shall notdismissanemployeewithin30daysthereafter. Inaddition,anemployershallnotdismissanywomanduringaperiodofabsencefromworkbeforeandafterchildbirth,norwithin30daysthereafter.

2. iNdividuaL disMissaLsUnder Japanese law all dismissals are deemedindividualdismissals.

A. IS SEVERANCE PAY REquIRED?

UnderJapaneselaw,thereisnostatutoryobligationto pay severance allowance upon termination,exceptincircumstanceswhenpaymentisinlieuofnotice.

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3. whistleblower laws TheWhistleblower Protection Act (2004) protectswhistleblowerswhocomeforwardwithinformationregarding criminal activity in the workplacerelevanttolife,body,property,andotherinterestsofcitizens,thathasoccurredorisabouttooccur.Consequently, employers are required to appointanappropriatepointofcontactwithinthecompany,whoistobelocatedeitherwithinthepremisesofa particular workplace, or at an outside locationwhere the relevant administrative organ of thecompanyoperates,toreceiveandrespondtoanyoftheabovementionedconcernsasmayberaisedby an employeewhose intentions are lawful andtrustworthy. An employer is prohibited from anydisadvantageous treatment of the whistleblower,such as demotion or salary cuts on the basis ofsuch whistleblowing. Furthermore, under theWhistleblower Protection Act, a dismissal of awhistlebloweronthebasisofwhistleblowingistobenullandvoid.

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viii. restrictive covenants usE aNd LiMiTaTiONs OF garden leave Garden leave is a toolbywhichanemployer canprevent departing employees from performingtheir regular duties. Typically, the employee willbe prevented from attending the workplace, butwill still receive full pay. This has the effect ofrestricting the employee’s access to customers,clients, staff and information, and hampers theirability to work for a competitor. If an employerwishestoputanemployeeongardenleavetheremust, inmost circumstances, be an express termintheemploymentcontractpermittingittodoso.Otherwise,theycouldbebreachingtheemployee’simpliedrighttoworkandthereforebeinbreachofcontract.

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iX. transfer of undertaKings 1. EMPLOYEEs’ RiGhTs iN case of a transfer of undertaKingInasharetransfer,therewillbenochangeintheemployment conditions and status; therefore, notransfer of employees’ rights and obligationswilltakeplace.

In a merger, regardless of whether it occursthrough absorption or consolidation, any rightsand obligations under the employment contractssubject to the merger, will be automatically andcomprehensively transferred to the post-mergerentity.

Inacorporatesplit,regardlessofwhetheritoccursthroughabsorptionorincorporation,theemployeesmainly subject to the transferred business anddefined as such in the corporate split plan oragreement, will be automatically transferred.Therefore, any rights and obligations thereunderwill be automatically and comprehensivelytransferred.

An employee who is mainly subject to thetransferred business, but is not defined in thecorporate split plan or agreement, has the rightto raise an objection, with the result that theemployeewillbesubsequentlytransferred.

Adversely,anemployeewhoisnotmainlysubjectto the transferred business, however defined inthecorporatesplitplanoragreement,hasarightto raise an objection, with the result that theemployeewillnotbesubsequentlytransferred.Theemploymentcontractswhicharenottransferredtothesuccessorremainwiththepredecessor,andthegeneralrulesoncollectivedismissalsapply.

2. REquiREMENTs FOR predecessor and successor partiesIn a business transfer, through an asset transfer,employees will not be automatically transferred.Although the buyer and the seller may agree toincludeemploymentcontractsinthebusinesstobesold, if however, anemployee refuses to consenttothetransferofhis/heremploymentcontract,theemploymentcontractwillnotbetransferred.Thoseemploymentcontractswhicharenottransferredtothesuccessor,remainwiththepredecessorandthegeneralrulesoncollectivedismissalsapply.

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x. EMPLOYEE BENEFiTs 1. social securityTherearetwoseparatesystemsconcerningsocialsecurity in Japan. Both of these systems are runbytheJapanesegovernment.Thesystemsare: (i)the social insurance schemes (i.e. the employeepension insurance and the employee healthinsurance), and (ii) the labour insurance schemes(i.e.theworkers’accidentcompensationinsuranceandtheunemploymentinsurance).

2. healthcare and insurancesSocial insurance schemes are designed to securethe life of workers by paying income-basedcontributions in the case of old age, disability ordeath.Anemployerthatisacorporation,oronethatisasoleproprietorhiringfiveormoreemployees,has a legal obligation to provide its employeeswith the employee pension insurance and theemployee health insurance. Labour insuranceschemes have been established in an effort tosecuretheemploymentofworkerswithjobs,andto pay unemployed workers unemployment andotherbenefits.Thesebenefitspaidtounemployedworkersareforthepurposeofstabilisingtheirlifeand promoting reemployment. Furthermore, allemployersareobligedtoprovideemployeeswiththeworkers’accidentcompensationinsuranceandtheunemployment insurance.Thebenefitsofthesocial insurance and labour insurance schemesare coveredby themandatory contributionspaidbyworkersandemployers.AworkeremployedinJapanwillbeinsured,regardlessofwhetherornottheworkerisaJapanesenational.

3. required leave

A. hOLIDAYS AND ANNuAL LEAVE

Whilethestatutoryholidaysmustbegrantedonceevery week or four times every four weeks, it is

common practice to provide holidays in additionthereto (e.g. Saturdays, Sundays, national publicholidays).

Under the Labour Standards Act,employersmustgrant paid annual leave to employees who havebeen employed continuously for 6 months ormore. The employee must have attended workforat least80%ofthescheduledworkingdays inthepreviousfiscalyeartoreceivethepaidannualleave. The statutory minimum number of daysof paid annual leave depends on the employee’slengthofcontinuousservice:

•6 months of service = 10 days of paid annualleave

•1yearand6months=11days•2yearsand6months=12days•3yearsand6months=14days•4yearsand6months=16days•5yearsand6months=18days•6yearsand6monthsormore=20days

Theunusedpaidannualleavecanbecarriedforwardtothenextyear.Generally,paidannualleavemaybetakeninfulldayunits.However,employersmayallowtheemployeestotakeleaveinhalfdayunits.Itisalsoallowedtograntpaidannualleaveonanhourlybasisbyexecutingthelabourmanagementagreement with such a provision. However, thetotal amount of days of such paid annual leaveis limited to no more than 5 days. Furthermore,employers areobliged toensure theuseby theiremployeesofat least5daysofpaidannual leaveperyear.

B. MATERNITY / PATERNITY LEAVE

A pregnant employee can take up to six weeks(or 14 weeks in the case of multiple fetuses) ofmaternityleavebeforechildbirth,andeightweeksafter childbirth, under the Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave (1991)(the“the Child Care and Nursing Care Act”).Furthermore,employersshallnothave

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a woman work within 8 weeks after childbirth.However,inthecasewheresuchawomanhassorequested to work; provided, that 6 weeks havepassedsincechildbirth,andtheworkactivitiestobeperformedaresuchthatadoctorhasapprovedas having no adverse effect on her, then this Actshall not prevent an employer from having thewomanreturntowork.

In addition, an employee (regardless of gender)who has been employed for at least one year ormore,isentitledtotakechildcareleaveforachildagedlessthanoneyear(oruntilthechildbecomesoneyearandtwomonthsold,oneandhalfyearsold, or two years old). This is subject to certainconditions respectively, and does not includecertainemployees, suchas thosewithfixed-termemploymentthatwouldnotcontinueafterthechildturnsone.Moreover, theemployer isnotobligedto pay the employee duringmaternity leave andchildcareleave.

C. SICkNESS / DISABILITY LEAVE

While there is no legislation concerning sick ordisability leave arising from employment, manyemployersimplementtheirownrulesregardingsickleaveand/orpaymentduringperiodsof sickness.The employer may settle the term of sick leavewhere an employee is suspended. Furthermore,this may become a cause for dismissal if theemployee does not recover before the term ofsickleaveexpires.Astoemployee’sinjury,sicknessand disability due to employment, the Industrial Accident Compensation Insurance Act (1947) coversalargepartofthecompensation.

D. ANY OThER REquIRED OR TYPICALLY PROVIDED LEAVE

Nursing Care Leave: Under the Child Care and Nursing Care Act, an employee who has beenemployed for at least one year or more and isnursing a family member who requires nursing,is entitled to take nursing care leave for 93 daysin totalper familymember.Thisdoesnot includecertain employees such as those with fixed-termemployment that would end within 93 days.Furthermore, the employer is not obliged to paytheemployeeduringnursingcareleave.

4. PENsiONs: MaNdaTORY and typically provided There are no mandatory pensions provided toemployeesinJapan.However,inpractice,anumberofcompanieshavevoluntarilystructuredavarietyof pension schemes including, but not limited to(i)definedpaymentplans,(ii)definedcontributionplans,and(iii)decrease/eliminateexistingpensionplans.

Furthermore, there are no statutory benefitsavailable to employees in Japan. However, inpractice, a number of companies have startedadopting a variety of incentive plans including,but not limited to, performance bonuses, shareoptions, profit sharing schemes and employeestockownershipplans.

Tatsuo Yamashima, PartnerATSUMI & SAKAI [email protected]+81355012297

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Atsumi & Sakai is a multi-award-winning,independent Tokyo law firm, and one of the tenlargest full-servicefirms in Japan.Our labourandemploymentpracticegroupofferspracticaladviceto clients on allmatters regardingHR and labourrelations that both Japanese and internationalcompaniesface,includingtheresolutionoflabourdisputes and litigation before labour courts andtribunals.Atsumi&Sakaiisconsistentlyrecognisedasa leadingfirmfor its labourpractice invariousdirectories, suchasChambers,TheLegal500andAsialawProfiles.

This memorandum has been provided by:

Atsumi&SakaiFukokuSeimeiBldg.2-2-2Uchisaiwaicho,Chiyoda-ku100-0011TokyoJapanP:+81355012297www.aplaw.jp

aTsuMi & sakai l&e GloBal japan

CONTACT uSFormoreinformationaboutL&EGlobal,oraninitialconsultation, please contact one of our memberfirmsorourcorporateoffice.We look forward tospeakingwithyou.

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Thispublicationmaynotdealwitheverytopicwithinitsscopenor cover every aspect of the topicswithwhich it deals. Itisnotdesigned toprovide legalorotheradvicewith regardtoanyspecificcase.Nothingstatedinthisdocumentshouldbe treated as an authoritative statement of the lawon anyparticular aspect or in any specific case. Action should notbetakenonthisdocumentalone.Forspecificadvice,pleasecontacta specialistatoneofourmemberfirmsor thefirmthat authored this publication. The content is basedon thelawasof2017.

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