Act on Equal Opportunity and Treatment between Men and Women in Employment
雇用の分野における男女の均等な機会及び待遇の確保等に関する法律
Amended by
Act Partially Amending the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives, etc.
20 provisions changed · 12 provisions added · 4 provisions removed · 4 provisions in the supplementary provisions
Each provision the amendment changes, before and after in one: words it removes are struck through, words it adds are highlighted. The Japanese is the law; the icon beside each English column says whose English it is. The 21 articles it renumbers are marked with the number each had before.
Article 11 · (Employment Management Measures Concerning Problems Caused by Sexual Harassment in the Workplace)第十一条(職場における性的な言動に起因する問題に関する雇用管理上の措置等)
On receiving a request for cooperation from any other employer in connection with the implementation of the measures referred to in paragraph (1) taken by the relevantthat other employer, employers must endeavor to respond to the request.
Article 12 · (Responsibilities of the State, Employers and Workers Concerning Problems Caused by Sexual Harassment in the Workplace)第十二条(職場における性的な言動に起因する問題に関する国、事業主及び労働者の責務)
Article 11-3 · (Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace)第十一条の三(職場における妊娠、出産等に関する言動に起因する問題に関する雇用管理上の措置等)
RemovedArticle 11-3, paragraph (1)
Employers must take necessary measures for employment management, such as developing a necessary system for providing consultations to female workers and appropriately handling the matters to prevent their work environment from being damaged on the grounds of pregnancy or childbirth, for requesting temporary absence from work as prescribed in Article 65, paragraph (1) of the Labor Standards Act, for having taken absence from work as prescribed in that paragraph or paragraph (2) of that Article, or by any other reasons related to pregnancy or childbirth as specified by Order of the Ministry of Health, Labour and Welfare.
The provisions of Article 11, paragraph (2) apply mutatis mutandis to cases in which workers seek consultations referred to in the preceding paragraph or give facts in cooperating with consultations provided by employers.
The Minister of Health, Labour and Welfare is to formulate guidelines required for appropriate and effective implementation of measures required to be taken by employers pursuant to the provisions of the preceding two paragraphs (referred to as the "guidelines" in the following paragraph).
The provisions of Article 4, paragraphs (4) and (5) apply mutatis mutandis to the formulation and amendment of the guidelines. In such a case, the phrase "is to consult the opinions of the Labor Policy Council, and request the opinions of the prefectural governors" in Article 4, paragraph (4) is deemed to be replaced with "is to consult the opinions of the Labor Policy Council."
So that job seekers and other persons specified by Order of the Ministry of Health, Labour and Welfare as being similar to them (referred to as "job seekers, etc." in this paragraph, the following paragraph and the following Article) are not impeded in their job-seeking activities and other activities of job seekers, etc. that contribute to their choice of occupation (referred to as "job-seeking activities, etc." in this paragraph and paragraph (1) of that Article) by sexual harassment committed in the course of those job-seeking activities, etc. by workers the employers employ, employers must take necessary measures for employment management, such as developing a necessary system for providing consultations to the job seekers, etc. and appropriately handling the matters.
Employers must not dismiss workers or treat them disadvantageously on the grounds of giving facts in cooperating with the handling by employers of consultations from job seekers, etc. referred to in the preceding paragraph.
The Minister of Health, Labour and Welfare is to formulate guidelines required for appropriate and effective implementation of measures to be taken by employers pursuant to the provisions of the preceding two paragraphs (referred to as the "guidelines" in the following paragraph).
The provisions of Article 4, paragraphs (4) and (5) apply mutatis mutandis to the formulation and amendment of the guidelines. In such a case, the phrase "is to consult the opinions of the Labor Policy Council and request the opinions of the prefectural governors" in Article 4, paragraph (4) is deemed to be replaced with "is to consult the opinions of the Labor Policy Council."
Article 14 · Responsibilities of the State, Employers and Workers Concerning Problems Caused by Sexual Harassment in Job-Seeking Activities, etc.第十四条(求職活動等における性的な言動に起因する問題に関する国、事業主及び労働者の責務)
In order to deepen the interest and understanding of employers and the general public regarding the prohibition of the behavior prescribed in paragraph (1) of the preceding Article that impedes the job-seeking activities, etc. of job seekers, etc., and other problems attributable to the behavior (hereinafter referred to as "sexual harassment problems in job-seeking activities, etc." in this Article), the State must endeavor to implement publicity activities, awareness-raising activities and other relevant measures.
Employers must endeavor to deepen the interest and understanding of sexual harassment problems in job-seeking activities, etc. among workers they employ, as well as conduct training and give other necessary consideration to encourage the workers to pay necessary attention to their behavior toward job seekers, etc., and cooperate with the measures referred to in the preceding paragraph taken by the State.
Employers (in the case of corporations, their officers) must endeavor to deepen their own interest and understanding of sexual harassment problems in job-seeking activities, etc. and pay necessary attention to their behavior toward job seekers, etc.
Workers must endeavor to deepen their interest and understanding of sexual harassment problems in job-seeking activities, etc. and pay necessary attention to their behavior toward job seekers, etc., as well as cooperate with the measures referred to in paragraph (1) of the preceding Article taken by their employers.
Article 15 · Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace第十五条(職場における妊娠、出産等に関する言動に起因する問題に関する雇用管理上の措置等)
(Voluntary Resolution of Complaints)Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace
苦情の自主的解決職場における妊娠、出産等に関する言動に起因する問題に関する雇用管理上の措置等
ChangedArticle 15, paragraph (1)
When a complaint is submitted by Employers must take necessary measures for employment management, such as developing a necessary system for providing consultations to female workers concerning and appropriately handling the matters prescribed in Article 6, Article 7, Article 9, Article 12 and to prevent their work environment from being damaged on the grounds of pregnancy or childbirth, for requesting temporary absence from work as prescribed in Article 1365, paragraph (1) (except those related to recruitment and employment of workers), employers must endeavor to promote voluntary resolution by actions such as referring complaints to the complaints department (which is the body for resolving worker complaints, composed of the Labor Standards Act, for having taken absence from work as prescribed in that paragraph or paragraph (2) of that Article, or by any other reasons related to pregnancy or childbirth as specified by Order of employer and worker representatives)the Ministry of Health, Labour and Welfare.
Employers must not dismiss workers or treat them disadvantageously on the grounds of seeking consultations referred to in the preceding paragraph or giving facts in cooperating with consultations provided by employers.
The Minister of Health, Labour and Welfare is to formulate guidelines required for appropriate and effective implementation of measures required to be taken by employers pursuant to the provisions of the preceding two paragraphs (referred to as the "guidelines" in the following paragraph).
The provisions of Article 4, paragraphs (4) and (5) apply mutatis mutandis to the formulation and amendment of the guidelines. In such a case, the phrase "is to consult the opinions of the Labor Policy Council, and request the opinions of the prefectural governors" in Article 4, paragraph (4) is deemed to be replaced with "is to consult the opinions of the Labor Policy Council."
Article 16 · (Responsibilities of the State, Employers and Workers Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace)第十六条(職場における妊娠、出産等に関する言動に起因する問題に関する国、事業主及び労働者の責務)
Employers, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, must endeavor to appoint a person responsible for the appropriate and effective implementation of the measures prescribed in Article 8, Article 11, paragraph (1), Article 11-212, paragraph (2), Article 11-313, paragraph (1), Article 11-414, paragraph (2), Article 1215, paragraph (1), Article 16, paragraph (2), Article 17, and paragraph (1) of the preceding Article, and any other measures required to be taken to ensure equal opportunities and treatment of men and women in their workplace.
When the committee finds it necessary based on the petition of the parties concerned, it is to hear the opinions of the representatives of the workers or a complaint is submitted by workers concerning matters prescribed in Article 6, Article 7, Article 9, Article 17 and Article 18, paragraph (1) (except those related to recruitment and employment of workers), employers concerned who are nominated by major workers' organization or employers' organization in must endeavor to promote voluntary resolution by actions such as referring complaints to the jurisdictional district of complaints department (which is the Prefectural Labor Bureau where the committee is establishedbody for resolving worker complaints, composed of employer and worker representatives).
The provisions of Article 4, Article 5, and Articles 12 through 19 of the Act on Promoting the Resolution of Individual Labor-Related Disputes (Act No. 112 of 2001) do not apply to a dispute between a worker and an employer with regard to matters prescribed in the provisions of Articles 5 through 7, Article 9, Article 11, paragraphs (1) and (2) (including as applied mutatis mutandis pursuant to, Article 11-3, paragraph (2)13, paragraphs (1) and (2), Article 11-3, paragraph15, paragraphs (1) and (2), Article 1217, and Article 1318, paragraph (1) and are governed by the provisions of the following Article through Article 2733.
The provision of Article 11, paragraph (2) apply mutatis mutandis to cases in which a worker seeksEmployers must not dismiss workers or treat them disadvantageously on the grounds of seeking the assistance referred to in the preceding paragraph.
The Director of a Prefectural Labor Bureau is to have the dispute coordinating committee referred to in Article 6, paragraph (1) of the Act on Promoting the Resolution of Individual Labor-Related Disputes (hereinafter referred to as the "committee") conduct the conciliation of a dispute provided for in Article 1622 (except for a dispute on the recruitment and employment of workers) when either party or both parties to the dispute (hereinafter referred to as the "parties concerned") apply for conciliation and the Director finds it necessary to do so in order to resolve the dispute.
The provisions of Article 11, paragraph (2) apply mutatis mutandis to cases in which a worker filesEmployers must not dismiss workers or treat them disadvantageously on the grounds of filing the application referred to in the preceding paragraph.
(Delegation to Order of the Ministry of Health, Labour and Welfare)
No English for the amended wording yet.
厚生労働省令への委任
ChangedArticle 27, paragraph (1)
Beyond what is provided for in this Section, necessary matters concerning procedures for conciliation When the committee finds it necessary based on the petition of the parties concerned, it is to hear the opinions of the representatives of the workers or employers concerned who are specifiednominated by Order of major workers' organization or employers' organization in the Ministry jurisdictional district of Health, Labour and Welfarethe Prefectural Labor Bureau where the committee is established.
If a lawsuit is pending between the parties concerned with regard to a civil dispute among the disputes prescribed in Article 1824, paragraph (1), and if either of the following grounds exists and there is a joint petition from the parties concerned, the court in charge of the case may decide to suspend the court proceedings for a fixed period of no longer than four months:
Delegation to Order of the Ministry of Health, Labour and Welfare
No English for the wording before the change.
厚生労働省令への委任
ChangedArticle 33, paragraph (1)
A person who has not made a report under the provisions of Article 29, paragraph (1) or who has made a false report is sentenced to a civil fineBeyond what is provided for in this Section, necessary matters concerning procedures for conciliation are specified by Order of the Ministry of not more than 200,000 yenHealth, Labour and Welfare.
If the Minister of Health, Labour and Welfare gives recommendations under the provisions of paragraph (1) of the preceding Article to an employer who has violated the provisions of Articles 5 through 7, Article 9, paragraphs (1) through (3), Article 11, paragraphs (1) and (2) (including as applied mutatis mutandis pursuant to, Article 11-3, paragraph (13, paragraphs (1) and (2), Article 17, paragraph (15, paragraphs (1) and (2), and Article 17, Article 18, paragraph (2)1), Article 11-323, paragraph (12), Article 12, and Article 1324, paragraph (12), and the employer fails to comply with the recommendations, the Minister may make a public announcement of the violation.
With regard to the mariners and persons seeking to become mariners prescribed in Article 6, paragraph (1) of the Mariner'sMariners' Employment Security Act (Act No. 130 of 1948), the term "Minister of Health, Labour and Welfare" in Article 4, paragraphs (1), (4), and (5) (including as applied mutatis mutandis pursuant to Article 4, paragraph (6), Article 10, paragraph (2), Article 11, paragraph (5), Article 11-313, paragraph (4), Article 15, paragraph (4), and Article 1318, paragraph (3)), Article 10, paragraph (1), Article 11, paragraph (4), Article 11-313, paragraph (3), Article 1315, paragraph (3), Article 18, paragraph (2), and the preceding three Articles is deemed to be replaced with "Minister of Land, Infrastructure, Transport and Tourism"; the term "Labor Policy Council" in Article 4, paragraph (4) (including as applied mutatis mutandis pursuant to Article 4, paragraph (6), Article 10, paragraph (2), Article 11, paragraph (5), Article 11-313, paragraph (4), Article 15, paragraph (4), and Article 1318, paragraph (3)) is deemed to be replaced with "Council of Transport Policy"; the term "Order of the Ministry of Health, Labour and Welfare" in Article 6, item (ii), Article 7, Article 9, paragraph (3), Article 11-313, paragraph (1), Article 12, 15, paragraph (1), Article 13-2, 17, Article 19, and Article 2935, paragraph (2) is deemed to be replaced with "Order of the Ministry of Land, Infrastructure, Transport and Tourism"; the phrase "has requested leave under the provisions of Article 65, paragraph (1) of the Labor Standards Act (Act No. 49 of 1947) or having taken leave under the provisions of that paragraph or paragraph (2) of that Article" in Article 9, paragraph (3) is deemed to be replaced with "have not engaged in work pursuant to the provisions of Article 87, paragraph (1) or (2) of the Mariners Act (Act No. 100 of 1947)"; the phrase "has requested leave under the provisions of Article 65, paragraph (1) of the Labor Standards Act or having taken leave under the provisions of that paragraph or paragraph (2) of that Article" in Article 11-315, paragraph (1) is deemed to be replaced with "have not engaged in work pursuant to the provisions of Article 87 paragraph (1) or (2) of the Mariners Act"; the term "Director of a Prefectural Labor Bureau" in Article 1723, paragraph (1), Article 1824, paragraph (1) and Article 2935, paragraph (2) is deemed to be replaced with "Director of a District Transport Bureau (including Director of the Transport Supervision Department)"; the term "the dispute coordinating committee referred to in Article 6, paragraph (1) (hereinafter referred to as the "committee")" in Article 1824, paragraph (1) is deemed to be replaced with "conciliators appointed from among the persons listed in the mediator candidate list referred to in Article 21, paragraph (3)."
The provisions of Articles 1925 through 2733 do not apply to the conciliation conducted by conciliators upon appointment pursuant to the provisions of Article 1824, paragraph (1) following the deemed replacement of terms pursuant to the preceding paragraph.
The provisions of Articles 2026 through 2733 apply mutatis mutandis to the conciliation referred to in paragraph (2). In such a case, the term "committee" in Articles 2026 through 2329, and Article 2632 is deemed to be replaced with "conciliators"; the phrase "the Prefectural Labor Bureau where that committee is established" in Article 2127 is deemed to be replaced with "District Transport Bureau (including the Transport Supervision Department) with the Director of a District Transport Bureau (including the Director of the Transport Supervision Department) that has appointed the relevant conciliator"; and the term "pending in the committee" in Article 2632 is deemed to be replaced with "handled by the conciliators"; in Article 2733, the term "this Section" is deemed to be replaced with "Article 3137, paragraphs (3) through (5)," the term "conciliation" is deemed to be replaced with "the panel and conciliation," and the term "Order of the Ministry of Health, Labour and Welfare" is deemed to be replaced with "Order of the Ministry of Land, Infrastructure, Transport and Tourism."
The provisions of Chapter II, Section 1, Article 13-219, Chapter II, Section 3, the preceding Chapter, Articles 2935 and 3036 do not apply to national and local public employees; the provisions of Chapter II, Section 2 (except for Article 13-219) do not apply to regular service national public employees (except for employees referred to in Article 2, item (ii) of the Act on Labor Relations of Agency Engaged in Administrative Execution (Act No. 257 of 1948)), court officers for whom the Act on Temporary Measures concerning Court OfficersOfficials (Act No. 299 of 1951) is applicable, Diet officers for whom the National Diet OfficerOfficers Act (Act No. 85 of 1947) is applicable, and the self-defense forces personnel prescribed in Article 2, paragraph (5) of the Self DefenseSelf-Defense Forces Act (Act No. 165 of 1954).
A person who has not made a report under the provisions of Article 35, paragraph (1) or who has made a false report is sentenced to a civil fine of not more than 200,000 yen.
Until March 31, 2036, the term "and" in Article 13-219 is deemed to be replaced with ", measures for promoting efforts based on the general employer action plans prescribed in Article 8, paragraph (1) of the Act on the Promotion of Women's Active Engagement in Professional Life (Act No. 64 of 2015) and the publication of information pursuant to the provisions of Article 20 of that Act, and".
Supplementary Provisions, Article 5 · Transitional Measures Concerning Special Provisions for the Promotion of Dispute Resolution附則第五条(紛争の解決の促進に関する特例に関する経過措置)
With regard to specified disputes, notwithstanding the provisions of Article 22 of the amended Equal Employment Opportunity Act, the provisions then in force continue to govern.
If five years have elapsed after this Act comes into effect, the Government is to review the status of enforcement of the provisions of each Act as amended by this Act, and when it finds it necessary, is to take required measures based on the results.