YOUR RIGHTS IN YOUR WORKPLACES - 1.29.2009
 Japan Federation of Medical Workers' Unions January 20, 2009, Tokyo
 
 
                   Your Rights in Your Workplaces

        Japan Federation of Medical Workers'  Unions
	
	           (Nihon Iroren)

Checklist of the rights that should be guaranteed to you in 
your workplace

Article 1 of the Labor Standards Law (Principle of working 
conditions)
Working conditions shall be those which meet the needs 
of workers who live normal lives.  <-> Articles 25 and 27 
of the Constitution
 2. The standards for working conditions fixed by this 
Law are minimum standards. Accordingly, parties to 
labour relations shall not reduce working conditions with 
these standards as an excuse and, instead, should 
endeavour to raise the working conditions.
 

Article 3 of the Labor Standards Law (Equal treatment)
An employer shall not engage in discriminatory treatment 
with respect to wages, working hours, or other working 
conditions based on the race, creed, or social status of 
any worker. 

1. Conditions of work are to be determined by the workers
    and employers on an equal footing

Article 2 of the Labor Standards Law (Determination of 
working conditions)
Working conditions shall be determined by the workers 
and employers on an equal basis.  
The workers and employers abide by labour agreements, 
rules of employment, and labour contracts, and shall 
undertake their respective duties faithfully. 


2. Conditions of work must be specified at the signing of
    labour contract.

Article 15 of the Labor Standards Law (Clear statement of 
working conditions)
In concluding a labour contract, the employer shall clearly 
state the wages, working hours, and other working 
conditions to the worker. In this case, matters concerning 
wages shall be clearly stated in the manner prescribed by 
ordinance (of Ministry of Health, Labour and Welfare). 
In the event that the working conditions as clearly stated 
under the provisions of the preceding paragraph differ 
from the actual working conditions, the worker may 
immediately cancel the labour contract. 

Conditions of work to be clearly specified to worker by 
any establishment (to be clearly stated in a document and 
distributed to workers)
  1) Term of the labour contract; 
  2) Place and contents of work;
  3) Hours of work including the time to start and end the 
       work, rest time, holidays and long-time leave etc; 
  4) Pay level: methods of determination, calculation and 
      payment, period of payment etc. 
  5) Resignation
  6) Pay rise
      (to be clearly stated if there is any internal regulation   
      in the establishment)
  7) Resignation allowance: scope of application, methods 
      of determination of the amount, of calculation and 
      payment, period of payment etc.;
  8) Other wages to be paid exceptionally;
  9) Meals, working shoes and other items for work to be 
      paid for by worker;
  10) Occupational health and safety regulations;    
  11) Training programs;
  12)  Compensation schemes for occupational accidents 
        and assistance for injuries sustained while off-duty;
  13)  Awards and disciplinary measures;
  14) Long-term leave or lay-off.  


3. Daily work time must be limited to eight hours.

Article 32 of the Labor Standards Law (Working hours)
An employer shall not have a worker work more than 
forty hours per week, excluding recesses. 
An employer shall not have a worker work more than 
eight hours per day for each day of the week, excluding 
recesses.  Employer must not make worker work 
more than forty hours a week excluding rest time.
  
*Work time means the "period of time during which a 
worker provides his work under the command and 
supervision of the employer".  


4.Recess time is determined according to time 
of work.

Article 34 of the Labor Standards Law (Recess)
An employer shall provide a recess for at least forty-five 
minutes during working hours if the working hours exceed 
six hours, or a recess for at least one hour during 
working hours if the working hours exceed eight hours.
The recess under the preceding paragraph shall be 
provided to all workers at the same time. Provided that, 
this shall not apply in cases where there exists a written 
agreement with a trade union organized by a majority of 
the workers at the workplace, where such a union exists, 
or with a person representing a majority of the workers, 
where no such union exists. 


5. A day off in every week is mandatory.

Article 35 of the Labor Standards Law (Rest days) 
An employer shall provide workers at least one rest day 
per week. 
A rest day is a day where there is no obligation to work 
for worker.  According to the Labor Standards Law, at 
least one rest day is guaranteed for each week and is 
called "legal rest day".

    Difference between legal rest day and non-legal rest
    dayAll the rest days determined by your company can
    be classified in two groups: legal rest days and non
    legal rest days.  A legal rest is a day off in each week
    and corresponds to Sunday in five-day workweek
    scheme (it cannot necessarily be a Sunday).  A non
    legal rest day (day off determined by work regulations
    in effect at workplace level) corresponds to a Saturday
    in five-day workweek scheme (it cannot necessarily be
    a Saturday). It can also be a national holiday or a New
    Year holiday or summer holiday or corporate
    anniversary day etc.     
  

6. Overtime work and work on rest days need  
"Agreement 36".

Article 36 of the Labor Standards Law stipulates that an 
employer has to conclude a written agreement with 
unions or people representing a majority of workers to 
make them work overtime or on legal holidays, i.e. beyond 
the legal limit of 8 hours a day, 40 hours a week and a day 
off in each week (or 4 days in 4 consecutive weeks).  

The agreement is called "Agreement 36" 
(Saburoku kyotei in Japanese) and must cover: 1) 
concrete reasons for which overtime work or work on 
rest days is required; 2) the types of work to be 
performed; 3) number of workers concerned; 
4) extension of time allowed; 5) rest days to 
be worked, 6) term of the agreement.    


7. Workers can in principle take paid leave anytime 
they like.

Article 39 of the Labor Standards Law (Annual leave 
with pay)
An employer shall grant annual leave with pay of ten 
working days either consecutively or dividedly to workers 
who have been employed continuously for six months 
calculated from the day of their being hired and who 
worked for at least eighty percent of the total working 
days. 

The Labor Standards Law defines separately the number 
of rest days to be accorded as paid annual leave by an 
employer to workers who have worked for six months or 
more (see tables 1 and 2 below)

Table 1: 
Legal number of days accorded as annual leave with pay
Year of service:                  Days off:
       6 months                             10
       1.5 yrs                                11             
       2.5 yrs                                12
       3.5 yrs                                14
       4.5 yrs                                16
       5.5 yrs                                18  
       6.5 yrs                                20


Table 2: Annual paid leave for part-time workers
You work 30 or more hours a week in the present 
establishment:
You have worked for:         Paid annual leave: 
         6 months                                 10      
           1.5 yrs                                   11
            2.5yrs                                   12
            3.5yrs                                   14
            4.5yrs                                   16
            5.5yrs                                   18
          +6.5yrs                                   20
                  
             
You work less 
than 30 hours: 
                         6months  1.5yrs   2.5yrs  3.5yrs 
5days a week         10        11         12       14                       
4days                        7         8            9       10     
3days                        5         6            6        8     
2days                        3         4            4        5     
1day                          1          2           2        2     


                            4.5 yrs      5.5yrs     +6.5yrs 
5days a week           16           18          20
4days                        12           13          15
3days                         9            10          11
2days                         6              6            7
1day                           3              3            3 


Freedom to take paid annual leave: 
employer's permission is not required
Paid annual leave is a guarantee that does not require the 
employer's permission: workers 
are allowed to take whenever they likes.

Annual leave can be carried forward to the following 
year: the right to annual leave expires after 2 years  

There is no legal provision as to whether paid annual 
leave that are not taken within a year can be carried 
forward to the following year.  According to the 
interpretation of the Ministry of Labor (ordinance issued 
on December 15, 1947), it can be carried forward but the 
right to take annual leave that has not been taken expires 
after 2 years (Art. 115 of the Labor Standards Law).

8. The Salary must be paid directly and in full to worker. 

Article 24 of the Labor Standards Law (Payment of 
wages)
Wages must be paid in cash and in full directly to the 
workers. (...) Wages must be paid at least once a 
month at a definite date. Provided that, this shall not apply 
to extraordinary wages, bonuses and the like which will 
be defined by ordinance (referred to as "extraordinary 
wages, etc." in Article 89). 

In principle, salary must be paid in cash and directly to 
worker.  Bank transfer is also authorized if the following 
three requirements are met: 1) workers concerned agree 
to be paid by bank transfer; 2) money is sent to the 
account indicated by workers; 3) it is possible for 
workers to withdraw in full the money sent from the 
indicated account by 10 a.m. of the definite payday.   

9.  Worker is entitled to suspension allowance if 
suspension is at the convenience of employer

Article 26 of the Labor Standards Law (Allowance for 
business suspension)
In the event of business suspension for reasons 
attributable to the employer, the employer shall pay an 
allowance equal to at least 60 percent of the worker's 
average wage to the worker concerned during the period 
of business suspension. (suspension allowance)

A hospital can be suspended at the convenience of the 
employer when it is ordered to suspend its services as a 
result of an incident or when a machine trouble prevents it 
from providing services.  In that event, workers must be 
paid a business suspension allowance whose amount 
must be more than 60% of his or her average salary (total 
3 month salary divided by number of days).

10. Pay Increment for overtime work and work on rest 
days
 
In the event that an employer extends working hours the 
employer shall pay the increased wages for work during 
such hours or on such days at the rate of at least 25 
percent and no more than 50 percent over the normal 
wages per working hour or working day.
When a worker works late night (from 10 p.m. to 5 a.m. of 
the next day), his wage must also be increased by 25 
percent.  If he works on rest days, his wage must be 
incremented by 35 percent. (Article 37 of the Labor 
Standards Law).

The normal wage used to compute the incremented wage 
is obtained by dividing monthly salary by legal hours of 
work.  Monthly salary does not include family allowance, 
commuting allowance, separate living allowance, children 
education allowance, extraordinary pay, bonus and 
housing allowance. 


11. Labour contract for less than minimum wage is invalid.

It is illegal to employ a worker for less than the minimum 
wage determined by each prefecture.  Even if the worker 
concerned has accepted that wage, the passage of the 
labour contract related to wage is not valid and the 
employer must pay the difference with the minimum wage 
(Article 28 of the Labor Standards Law).

The minimum wage is applied not only to full-time worker 
but also to part-time and contract workers.


12. Menstrual leave

Article 68 of the Labor Standards Law (measure for 
women who have considerable difficulty in working when 
they have periods) 

When a woman for whose work during menstrual periods 
would be especially difficult has requested leave, the 
employer shall not have the said woman work on days of 
the menstrual period.

Regarding this question, the ministerial ordinance sets out 
the following:  "when a female worker applies for 
menstrual leave, the employer shall in principle give the 
leave as requested.  If employer asks worker to provide 
any proof, it should be simple such as 
coworker's testimony and does not need to be a medical 
certificate (ordinance 151, issued on March 30, 1988).

There is no provision in the Labor Standards Law as to 
how many days off a woman can take, but in the light of 
the aim of Article 68, it can be different for every woman 
and every woman worker must be given as many days 
off as she needs for menstrual leave.


13. Maternity leave 

Article 65 of the Labor Standards Law (Before and after 
childbirth)  
In the event that a woman who is expected to give birth 
within 6 weeks (or within 14 weeks in the case of multiple 
fetuses) requests rest days, the employer shall not make 
such a person work.

2. An employer shall not have a woman work within 8 
weeks after childbirth; however, this shall not prevent an 
employer from having such a woman work, if she has so 
requested, after 6 weeks have passed since childbirth, in 
duties which a doctor has approved as having no 
adverse effect on her.

3. In the event that a pregnant woman has so requested, 
an employer shall transfer her to other light duties.

It is up to a woman worker to exercise the right to 
maternity leave before childbirth.  However, the leave 
after childbirth is mandatory: she is not allowed to work 
during the six weeks following the childbirth.

The period of maternity leave before childbirth is computed 
on the basis of expected date of birth while that after 
childbirth is computed ob the basis of the actual date of 
birth. 


According to the Ministerial ordinance (issued April 2, 
1951), the scope of childbirth as provided in Article 65 
starts at the fourth month of pregnancy and includes 
miscarriage, still birth and abortion: post-birth leave can be 
granted to a woman who has miscarriage or abortion if 
she is four or more months pregnant.  
 

The Labor Standards Law does not say anything about 
wages during maternity leave. By virtue of Article 50-2 of 
the Health Insurance Law, 60 percent of wages are 
granted as childbirth allowance during six weeks before 
childbirth (14 weeks in the case of multiple fetuses). In 
addition, a lump-sum money of 300,000 yen per child is 
provided by social insurance.  Maternity leave is regarded 
as worked period in computing the paid annual leave 
(Art.39-7 of the Labor Standards Law).

14. Time for childcare

Article 67 of the Labor Standards Law (Time for Childcare)
A woman raising an infant under the age of one full year 
may request time to care for the infant of at least 30 
minutes twice a day, in addition to the rest periods 
stipulated in Article 34.
2. The employer shall not have the said woman work 
during the childcare time stipulated in the preceding 
paragraph.

Initially, this provision was meant for time allowed to 
women for breast-feed babies.  As the employer cannot 
refuse a request for it at the beginning or end of working 
hours, time for childcare is tantamount to reduction of 
working hours on workdays.  Women working on part-
time or contract basis can also ask for it.  It is also 
possible to take it twice in a row if it is absolutely 
necessary.  However, in the case of worker whose daily 
working time is less than four hours, it is limited to once a 
day (ordinance of January 9, 1961).  

Major legal provisions related to pregnancy and childbirth 
(Recap)
*Expectant and nursing mothers: women in pregnancy or 
within one year after childbirth.

Menstrual leave (Article 68, Labor Standards Law): When 
a woman for whose work during menstrual periods would 
be especially difficult has requested leave, the employer 
shall not have the said woman work on days of the 
menstrual period.
* Leave granted upon request by worker

Maternity leave (Article 65, Labor Standards Law): 
-Before childbirth, six weeks (or 14 weeks in the case of 
multiple fetuses) starting from the expectant birthday 
(excluding the expectant birthday).
Leave granted upon worker's request
-After childbirth, 8 weeks from one day after childbirth 
day (6 weeks are mandatory)
Leave granted without request
 
Limitations on dangerous and injurious work for expectant 
and nursing mothers (Article 64-3, Labor Standards Law): 
limiting the handling of 1) heavy materials, 2) work in 
places where harmful gas is generated, 3) other work 
injurious to pregnancy, childbirth, nursing and the like.

Transfer to light duties (Article 65-3, Labor Standards 
Law): In the event that a pregnant woman has so 
requested, an employer shall transfer her to other light 
duties.
Transfer obtained upon worker's request

Ban on atypical work schedules: It is prohibited to have 
expectant and nursing mothers work atypical work 
schedules of more than forty hours a week and eight 
hours a day.

Limitations on overtime work and work on rest days 
(Article 66, labor Standards Law): it is prohibited to have 
expectant and nursing mothers work overtime, on rest 
days and in late night.

Medical check leave (Article 12, Equal Opportunity Law): 
expectant and nursing mothers can take a leave to ensure 
the time needed to obtain health guidance and medical 
examinations:

up to 23rd week of pregnancy ->once every four weeks
from 24th to 35th weeks of pregnancy -> once every two 
weeks  
from 36th week to childbirth -> once every week
within one year after childbirth ->as often as doctor or 
midwife indicates

*The employer must give a leave to worker if doctor or 
midwife judges it necessary.
Leave obtained upon worker's request

Leave for alleviating commuting and pregnancy difficulties 
(Article 13, Equal Opportunity Law)

Employers shall take necessary measures when they are 
instructed by midwife or doctor. In the event a worker 
makes a request for this leave, employers shall ask doctor 
for advice and implement necessary measures to:
1) enable worker to avoid commuting in rush hours which 
might lead to worsening of morning sickness or premature 
birth;
2) extend recess time or increase recess frequency
3) limit workload, reduce working hours or grant 
suspension according to symptoms.
Leave obtained upon worker's request based on 
medical guidance.

About Childcare Leave (Leave for childcare and long-term 
nursing care) 

Beneficiaries: Childcare leave is granted upon request by 
a worker (father or mother) who has and rears a child 
under one year old.  In exceptional cases (such as no 
place available in nursery, death, injury or sickness of the 
spouse, the leave can be extended until the child is one 
and a half years old.

Duration: from the childbirth till one day before the child is 
one year old or one and a half years old in exceptional 
cases.  To fully benefit this scheme, it is necessary to 
apply one month in advance from the day it starts for one 
year leave, or two weeks in advance for extending it from 
one year to one and a half years.
  
Leave for care of sick child: A worker (man or woman) 
who has children under school age can upon request 
obtain up to five days off a year to take care of a sick or 
injured child.  

Limitation on overtime work: Overtime work for workers 
with young children under school age is limited to twenty-
four hours a month or one hundred fifty hours a year if 
they so request.

Limitation on late night work: Workers with young children 
under school age do not have to work late night, if they so 
request.  The request can be repeated as many times as 
they like and a request can cover more than one month up 
to six months.  

Reduction of working hours: Workers with children under 
three years of age can benefit from this scheme.  It can 
be used to extend the childcare time granted by virtue of 
the Labor Standards Law.    

Childcare time (Labor Standards Law): Women with a 
baby under one year old can apply for more than 30 
minutes of childcare time twice a day or 60 minutes once 
a day.

Reduction of working hours for childcare

Alternative measures

Education and training for returning to workplace

Childcare leave allowance: Unemployment insurance fund 
provides forty percent of the wage earned by a worker 
before suspension (ten percent after return to workplace, 
twenty percent until end March 2010), if he or she has a 
baby under one year old or one and a half years old for 
exceptional cases.  There is however an upper limit on 
this allowance and workers must be insured by the 
insurance and meet certain requirements.  

Social security fees during suspension: Both employer 
and workers are exempted from the payment of 
contributions for health insurance and pension funds. No 
obligation to pay unemployment insurance fees is wages 
are not paid.  The amount of premiums is computed as if 
the fees were paid during suspension.

Long-term Nursing Care Leave 

Beneficiaries: Workers (men and women) who have their 
family members needing long-term nursing care can take 
this leave upon request.  Workers with fixed term labor 
contract can also benefit from this leave.  It is possible 
that two workers or more can simultaneously or 
separately take this leave for one of the following family 
members: the spouse, parents, children, parents of the 
spouse as well as grand-parents, brothers and sisters 
grand-children provided that they live with and are in 
charge of the workers.  

Frequency and duration: Leave granted when a family 
member loses his/her autonomy and needs constant 
nursing.  Its total duration is limited to 93 days.  Application 
using the special form must be made two weeks prior to 
taking the leave.  

Limitation on overtime work: Overtime work is limited to 
twenty-four hours a month or one hundred fifty hours a 
year.

Limitation on late night work: Employers must not have 
workers who have family members in loss of autonomy 
work late night.  Workers can apply for exemption from 
late night work for a period more than one month and less 
than 6 months.  During this period, application can be 
renewed as many times as needed.

Reduction of working hours: Working hours can be 
reduced within the limit of 93 days including long-term 
nursing care leave. Working hour's reduction and 
long-term nursing care leave can be combined provided 
the total working hours do not exceed 93 days.

Long-term nursing care leave allowance: 40 percent of 
the monthly wage just before taking the leave is granted 
for each leave period for up to 93 days (Employment 
Insurance Law). There is an upper limit to this allowance.

Social insurances fees during the leave: No exemption of 
payment either for workers or employers. However, no 
payment of unemployment insurance and 
workmen's insurance fees is required if a worker 
receives no wage.


Temporary and Part-Time Workers  
(Part-time Work Law)

Article 3: (Employers' obligation)
The employers shall take into consideration, regarding 
short-time workers they hire, their actual employment 
status and balance with regular workers, take necessary 
measures for ensuring appropriate working conditions, 
providing them education and training, according them 
better fringe benefits and improving personnel 
management and make effort to enable the short-time 
workers to give full play to their abilities. 

The rights of part-time workers are guaranteed 
Whether you work time on part-time basis or temporary 
basis, anyone who works and earns a wage is subject to 
the application of the Labor Standards Law.  The Law 
related to the improvement of personnel management of 
short-time workers (called Part-time Work Law) was first 
enacted in December 1994 to secure and improve the 
working conditions of part-time workers who were rapidly 
increasing then.  It was revised in 2003 and today, laws 
protecting workers including the Labor Standards Law, 
Minimum Wage Law, Occupational Health and Safety Law, 
Occupational Accident Law, Equal opportunity Law, 
Childcare and Long-term nursing care law and 
Employment Insurance Law are applied to part-time 
workers. 

The Part-time Work Law has recently been revised (April 
2008)
  1) At hiring, the employer must clearly state in a 
      written form whether there is regular wage hike, 
      resignation allowance, bonuses etc.  In the event of 
      violation of this provision, the employer must pay a fine
      of less than three hundred thousands yen.
  2) After hiring, the employer must explain about 
      the considerations made in determining the treatment if
     a worker so requests.
  3) The employer must also take measures to 
      establish equality in treatment between full-time and
      part-time workers according to differences in their
     working patterns. 
  4) Regarding part-time workers who can be 
      regarded as identical with ordinary workers in terms
      of job contents, mechanism of human resource
     utilization and its management as well as term of labour 
     contract, it is prohibited to discriminate them in wage,
     education and training and fringe benefits in general.

Loss of job 
A full-time worker who loses his/her job can receive 
unemployment allowance for a certain period of time.  A 
part-time worker is also entitled to this allowance if he/she 
meets the following two requirements:
(Requirements for qualifying to short-time 
workers' employment insurance)
  1) Fixed weekly working time is 20 hours or more.
  2) It is reasonably likely that the worker will continue to
      be hired for more than one year.   

Wage increase for overtime work
A worker working more than eight hours a day is paid an 
increased wage over the normal rate.  However, the 
employer has to make effort not to have part-time workers 
work overtime.  

The "eight-hour workday principle"  established by the 
Labor Standards Law is applied to part-time workers as 
well.  For example, a part-time worker usually working six 
hours a day must be paid normal wage for two hours and 
a wage increased by 25 percent over the normal wage 
for the hours exceeding eight hours. Employers must pay 
a wage increased by at least twenty five percent for late 
night work (from 10 p.m. to 5 a.m.), or by at least thirty 
five percent for work on rest day (legal rest day, once a 
week).  However, it is at the discretion of the employer to 
pay increased wage for work executed during two hours 
exceeding normal daily six working hours.  It is important 
therefore to negotiate an increase in wage for these two 
additional hours wherever there is a union. 
In addition to equal treatment in wage and working 
conditions, it is also necessary to negotiate continued 
education and training programs to be accorded to part-
time workers to improve their skills and abilities. 

Part-time workers cannot be dismissed arbitrarily
Part-time workers are workers who are protected by the 
Labor Standards Law and the Labour Contract Law. 

Indefinite-term labour contract
It is a contract of lifetime employment, similar to that for 
regular full-time workers.  To terminate this type of 
employment needs and termination must be notified to 
workers concerned more than thirty days in advance.  
Notification less than thirty days in advance results in 
payment of :dismissal notification allowance" that is 
equivalent to wage for more than 30 days.
In some establishments, "reasonable grounds" are 
specified in internal regulations, but more generally, they 
can be that the worker concerned has caused serious 
damage to the company or acted against social moral.  For 
dismissals aimed at company restructuring, they are 
considered in the light of "four requirements" for 
dismissal for economic reasons.

Fixed-term labour contract     
If the term of labour contract is fixed to three months or 
six months, employment is secured for that period and the 
contract is terminated if it is not renewed after that period 
has elapsed.  If the contract term is extended or contract 
is renewed repeatedly, the labour contract is regarded 
as  "indefinite-term labour contract": "reasonable grounds" 
and "notification more than thirty days in advance or an "in 
advance notification allowance" are necessary for 
dismissing workers with this type of contract.

Four requirements for dismissal for economic reasons
     
Enterprises cannot arbitrarily dismiss workers on the 
ground that their management in the red or they suffer 
from an economic recession.  Judicial precedents have 
set strict conditions on employers when they dismiss their 
employees: 1) impelling necessity for management, 2) 
obligation of making all efforts for avoiding dismissal; 3) 
rationality of criteria for selection of workers to dismiss as 
well as of selection itself;
4) rationality in procedures leading to dismissal including 
consultations with unions.

Paid annual leave 
Number of days off with pay you can take every year

If you work 30 or more hours a week:
Years (months) you have worked in your present 
establishment
                      6 months  1.5 y   2.5   3.5   4.5   5.5   6.5 
                            10          11    12    14     16   18    20  

If you work less than 30 hours a week:  
Years (months) you have worked in your present 
establishment
you work 5 days or +:   
              6 months 1.5y   2.5   3.5   4.5   5.5   6.5 
                       10    11    12    14    16    18     20  
       4days:       7     8      9    10    11     12    15                    
       3days:       5     6      6     8      9      10    11    
       2days:       3     4      4     5      6        6     7
         1day:       1     2      2      2     3       3      3


Health Insurance and pension
  If your working hours account for more than three 
quarters of the working hours of full-time worker and you 
have been employed more than 2 months, your employer 
has the obligation to have you covered by a social 
insurance to which both worker and employer contribute 
on equal basis.  Social insurance benefits are generally 
more advantageous than those of the national insurance 
or national pension.

Unemployment and Occupational Accident Insurances
If your fixed weekly working hours are twenty hours or 
more and you expect to be hired without interruption for a 
year or more, you can have the unemployment 
insurance.    
Occupational accident insurance provides you treatment 
fees for injuries and sicknesses caused by your work as 
well as compensation for damages you incur for work 
suspension.  


Sexual Harassment

Article 11, Equal Opportunity Law 
Employers shall give necessary consideration from the 
viewpoint of employment management so that women 
workers they employ do not suffer any disadvantage in 
their working conditions by reason of said women 
workers' responses to sexual speech and behavior in the 
workplace and their working environments do not suffer 
any harm due to said sexual speech and behavior.

What is sexual speech or behavior?
It consists of asking facts about sexual matters, 
intentionally circulating information of sexual contents, 
compelling sexual relations, unnecessary body-touching, 
circulating pornographic pictures or drawings etc.

Concrete examples of sexual harassment
--You are dismissed or suffer disadvantageous transfer 
because you have refused your employer or 
superior's demand for sexual relations or you have 
resisted their touching you body;
--Your moral to work is affected by sexual speech or 
behavior of your employer or superior.  

The revised Equal Opportunity Law enforced in April 2007 
is applied entirely to both men and women.  Therefore, 
sexual harassment provision is applied equally to men and 
women.  The term "worker" used in the law 
includes not only regular workers but all workers, regular 
and non-regular, hired by employers.   


Power Harassment

What is power harassment (pawahara in Japanese)

Power harassment consists of violating continuously and 
through speech and behavior the personality and dignity 
of somebody else beyond the normal scope of work using 
one's authority and power and thus aggravating 
workers' working environment or giving them feeling of job 
insecurity.

More concretely, with varying extent and degree, it can 
take the forms such as repeated moralizing, constant 
surveillance, snapping in a fit of anger, false accusation, 
favoritism, neglecting, bullying, forcing the participation to 
an informal drinking party etc.

Maybe you are concerned     

In addition to the fact that it is hardly identifiable because 
hidden or disguised in the form of guidance or training or 
work order, power harassment is often not recognized by 
both those who harass and others who are harassed.  
As is the case of sexual harassment, what matters is 
how the victim feels even if you think that you have 
inadvertently used nasty words, that you do not mean it or 
you just wanted encourage the victim.      

It is also very difficult to oppose those who are your 
superiors or seniors or decline their offers.  Speech and 
behavior of those who have power can become 
dangerous weapons.  If you are a supervisor or a senior, 
you need not to forget that those who are your 
subordinates or junior than you are in weaker positions 
and treat them with due respect.

If you suffer power harassment

Do not keep it for yourself.  Go to see your superior or 
coworker or union representatives.  Be conscious of the 
fact that you are victim of power harassment and try to 
ease your mental pain.  Although awareness about this 
issue is growing, legal regulations are falling behind.  You 
must demand the implementation of protective measures 
against sexual and power harassments. 

 			
	                   (tentative translation: 2009/01/07)




Japan Federation of Medical Workers' Unions
1-8-3 Kita-Ueno, Taito-ku, Tokyo,110-0014 Japan
TEL: 03-3875-5871
FAX: 03-3875-6270
E-mail: n-ask@irouren.or.jp
URL: http://www.irouren.or.jp


 Author: admin