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
The law as Act Partially Amending the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives, etc. (Act No. 63 of 2025) leaves it, with the words it changes marked.
The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter I General Provisions第一章 総則
Article 1第一条
Purpose(目的)
Article 1, paragraph (1)
The purpose of this Act is to promote ensuring equal opportunity and treatment between men and women in employment in accordance with the principles of the Constitution of Japan, which guarantees equality under the law, and to promote measures such as ensuring the health of female workers with respect to their employment during pregnancy and after childbirth.
The basic principles of this Act are to enable workers to lead fulfilling professional lives free from sexual discrimination, and in the case of female workers, with respect for motherhood.
Employers, the national government and local governments must endeavor to promote the improvement of the professional lives of workers in accordance with the basic principles prescribed in the preceding paragraph.
The national government and local governments are to conduct awareness-raising activities in order to deepen public interest and understanding of equal opportunity and treatment between men and women in employment and, in particular, to eliminate various factors that hinder equal opportunity and treatment between men and women in employment.
Basic Policy on Measures for Equal Employment Opportunities for Men and Women(男女雇用機会均等対策基本方針)
Article 4, paragraph (1)
The Minister of Health, Labour and Welfare is to formulate a basic policy concerning measures to ensure equal opportunity and treatment between men and women in employment (hereinafter referred to as the "Basic Policy on Measures for Equal Employment Opportunities for Men and Women").
The matters to be specified in the Basic Policy on Measures for Equal Employment Opportunities for Men and Women are as follows:
男女雇用機会均等対策基本方針に定める事項は、次のとおりとする。
Article 4, paragraph (2), item (i)
matters related to trends in the working lives of men and women; and
男性労働者及び女性労働者のそれぞれの職業生活の動向に関する事項
Article 4, paragraph (2), item (ii)
basic matters concerning measures to be taken to ensure 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ついて講じようとする施策の基本となるべき事項
Article 4, paragraph (3)
The Basic Policy on Measures for Equal Employment Opportunities for Men and Women must be formulated in consideration of the working conditions, awareness, and the status of employment of both male and female workers.
The Minister of Health, Labour and Welfare, in formulating the Basic Policy on Measures for Equal Employment Opportunities for Men and Women, is to consult the opinions of the Labor Policy Council, and seek the opinions of the prefectural governors in advance.
After having formulated the Basic Policy on Measures for Equal Employment Opportunities for Men and Women, the Minister of Health, Labour and Welfare is to publicize its outline without delay.
The provisions of the preceding two paragraphs apply mutatis mutandis to amendments to the Basic Policy on Measures for Equal Employment Opportunities for Men and Women.
前二項の規定は、男女雇用機会均等対策基本方針の変更について準用する。
Chapter II Ensuring Equal Opportunity and Treatment between Men and Women in Employment第二章 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
Section 1 Prohibition on Sexual Discrimination第一節 性別を理由とする差別の禁止等
Article 5第五条
Prohibition of Sexual Discrimination(性別を理由とする差別の禁止)
Article 5, paragraph (1)
With regard to the recruitment and employment of workers, employers must provide equal opportunities for all persons regardless of their sex.
事業主は、労働者の募集及び採用について、その性別にかかわりなく均等な機会を与えなければならない。
Article 6第六条
Article 6, paragraph (1)
Employers must not discriminate against workers based on their sex regarding the following matters:
事業主は、次に掲げる事項について、労働者の性別を理由として、差別的取扱いをしてはならない。
Article 6, paragraph (1), item (i)
assignment (including allocation of duties and granting of authority), promotion, demotion, and training of workers;
労働者の配置(業務の配分及び権限の付与を含む。)、昇進、降格及び教育訓練
Article 6, paragraph (1), item (ii)
loans for housing and other similar fringe benefits as specified by Order of the Ministry of Health, Labour and Welfare;
住宅資金の貸付けその他これに準ずる福利厚生の措置であつて厚生労働省令で定めるもの
Article 6, paragraph (1), item (iii)
changes in job type and employment status of workers; and
労働者の職種及び雇用形態の変更
Article 6, paragraph (1), item (iv)
encouragement of retirement, mandatory retirement age, dismissal, and renewal of labor contracts.
退職の勧奨、定年及び解雇並びに労働契約の更新
Article 7第七条
Measures Based on Criteria other than Sex(性別以外の事由を要件とする措置)
Article 7, paragraph (1)
An employer must not take measures which concern the recruitment and employment of workers or any of the matters listed in the items of the preceding Article, and based on criteria other than the worker's sex, which are specified by Order of the Ministry of Health, Labour and Welfare as measures that may substantially cause discrimination on the grounds of the worker's sex in consideration of the ratio of men and women who satisfy the criteria and other circumstances, except in cases where there is a legitimate reason to take those measures, such as cases where those measures are specifically required for the purpose of performing the business in light of the nature of the business, or cases where those measures are specifically required for the purpose of employment management in light of the status of business operations.
Special Provisions Concerning Measures for Female Workers(女性労働者に係る措置に関する特例)
Article 8, paragraph (1)
The provisions of the preceding three paragraphs do not preclude employers from taking measures in connection with female workers for the purpose of improving circumstances that impede equal opportunity and treatment between men and women in employment.
Employers must not dismiss female workers on the grounds of marriage.
事業主は、女性労働者が婚姻したことを理由として、解雇してはならない。
Article 9, paragraph (3)
Employers must not dismiss or treat female workers disadvantageously on the grounds of pregnancy, childbirth, or for requesting absence from work as prescribed in Article 65, paragraph (1) of the Labor Standards Act (Act No. 49 of 1947) or for taking absence from work as prescribed in that paragraph or paragraph (2) of that Article, or by other reasons related to pregnancy and childbirth as specified by Order of the Ministry of Health, Labour and Welfare.
Dismissal of female workers who are pregnant or are in the first year after childbirth is invalid; provided, however, that this does not apply if the employer proves that the dismissal was not for reasons prescribed in the preceding paragraph.
The Minister of Health, Labour and Welfare is to formulate guidelines that are necessary for the purpose of ensuring that employers deal appropriately with the matters prescribed in the provisions of Articles 5 through 7 and paragraphs (1) through (3) of the preceding Article (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."
Employers must take necessary measures for employment management, such as developing a necessary system for providing consultations to workers and appropriately handling the matters, so that the workers they employ do not suffer any disadvantageous working conditions on the grounds of that workers' response to sexual harassment in the workplace, nor suffer any damage to the work environment due to sexual harassment.
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.
Article 11, paragraph (3)(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)(Employment Management Measures Concerning Problems Caused by Sexual Harassment in the Workplace)Changed
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.
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 three 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."
Responsibilities of the State, Employers and Workers Concerning Problems Caused by Sexual Harassment in the Workplace(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)
In order to deepen the interest and understanding of employers and the general public regarding acts that give disadvantages prescribed in paragraph (1) of the preceding Article or prohibition of behavior harmful to the work environment prescribed in that paragraph, and other problems attributable to the behavior (hereinafter referred to as "sexual harassment problems" 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 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 other workers, 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 interest and understanding of sexual harassment problems and pay necessary attention to their behavior toward workers.
Workers must endeavor to deepen their interest and understanding of sexual harassment problems and pay necessary attention to their behavior toward other workers, as well as cooperate with the measures referred to in paragraph (1) of the preceding Article taken by their employers.
Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace
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
Article 11-3, paragraph (1)(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)(Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace)Removed
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.
Article 11-3, paragraph (2)(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)(Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace)Removed
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.
Article 11-3, paragraph (3)(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)(Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace)Removed
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).
Article 11-3, paragraph (4)(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)(Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace)Removed
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 13, paragraph (1)(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雇用管理上の措置等)Employment Management Measures Concerning Problems Caused by Sexual Harassment in Job-Seeking Activities, etc.Added
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.
Article 13, paragraph (2)(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雇用管理上の措置等)Employment Management Measures Concerning Problems Caused by Sexual Harassment in Job-Seeking Activities, etc.Added
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.
Article 13, paragraph (3)(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雇用管理上の措置等)Employment Management Measures Concerning Problems Caused by Sexual Harassment in Job-Seeking Activities, etc.Added
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).
Article 13, paragraph (4)(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雇用管理上の措置等)Employment Management Measures Concerning Problems Caused by Sexual Harassment in Job-Seeking Activities, etc.Added
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, paragraph (1)(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)Responsibilities of the State, Employers and Workers Concerning Problems Caused by Sexual Harassment in Job-Seeking Activities, etc.Added
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.
Article 14, paragraph (2)(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)Responsibilities of the State, Employers and Workers Concerning Problems Caused by Sexual Harassment in Job-Seeking Activities, etc.Added
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.
Article 14, paragraph (3)(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)Responsibilities of the State, Employers and Workers Concerning Problems Caused by Sexual Harassment in Job-Seeking Activities, etc.Added
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.
Article 14, paragraph (4)(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)Responsibilities of the State, Employers and Workers Concerning Problems Caused by Sexual Harassment in Job-Seeking Activities, etc.Added
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.
Voluntary Resolution of ComplaintsMeasures 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
Article 15, paragraph (1)(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)Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the WorkplaceChanged
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.
Article 15, paragraph (2)(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)Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the WorkplaceAdded
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.
Article 15, paragraph (3)(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)Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the WorkplaceAdded
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).
Article 15, paragraph (4)(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)Measures on Employment Management Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the WorkplaceAdded
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."
Responsibilities of the State, Employers and Workers Concerning Problems Attributable to Behavior Regarding Pregnancy and Childbirth in the Workplace(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)
The State must endeavor to implement publicity activities, awareness-raising activities, and other measures to deepen the interest and understanding of employers and the general public regarding the prohibition of behavior harmful to the work environment prescribed in paragraph (1) of the preceding Article and any other problems attributable to the behavior (hereafter referred to as "pregnancy and childbirth-related problems" in this Article).
Employers must endeavor to deepen the interest and understanding of pregnancy and childbirth-related problems 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 other workers, and must 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 interest and understanding of pregnancy and childbirth-related problems and pay necessary attention to their behavior toward workers.
Workers must endeavor to deepen their interest and understanding of pregnancy and childbirth-related problems and pay necessary attention to their behavior toward other workers, and cooperate with the measures referred to in paragraph (1) of the preceding Article taken by their employers.
Measures on Health Care During Pregnancy and After Childbirth(妊娠中及び出産後の健康管理に関する措置)
Article 17, paragraph (1)(妊娠中及び出産後の健康管理に関する措置)
Employers must ensure that the female workers they employ are able to set aside the time necessary to receive health guidance and medical examinations under the provisions of the Maternal and Child Health Act (Act No. 141 of 1965) as specified by Order of the Ministry of Health, Labour and Welfare.
Employers must take necessary measures, such as changing working hours and reducing workload, in order to enable female workers to comply with the instructions they receive based on the health guidance and medical examinations referred to in the preceding Article.
The Minister of Health, Labour and Welfare is to formulate guidelines in order to promote appropriate and effective implementation of measures required to be taken by employers pursuant to the provisions of the preceding paragraph (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 19, paragraph (1)(男女雇用機会均等推進者)(Promoters of Equal Employment Opportunities for Men and Women)Changed
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.
Section 3 State Assistance for Employers第三節 事業主に対する国の援助
Article 20第二十条
Article 20, paragraph (1)
If employers take or seek to take any of the following measures for the purpose of improving circumstances that impede equal opportunity and treatment between men and women in employment, the State may provide consultation services and other assistance to the employers in order to promote ensuring equal opportunity and treatment between men and women in employment:
analysis of the assignment and other employment-related circumstances of workers they employ;
その雇用する労働者の配置その他雇用に関する状況の分析
Article 20, paragraph (1), item (ii)
preparation of a plan concerning measures necessary to improve circumstances that impede equal opportunity and treatment between men and women in employment, based on the analysis referred to in the preceding item;
Article 21, paragraph (1)(苦情の自主的解決)Voluntary Resolution of ComplaintsChanged
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).
Article 22, paragraph (1)(紛争の解決の促進に関する特例)(Special Provisions for the Promotion of Dispute Resolution)Changed
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.
When requested by either party or both parties to a dispute prescribed in the preceding Article for assistance to resolve the dispute, the Director of a Prefectural Labor Bureau may give necessary advice or guidance, or make necessary recommendations to the relevant parties.
Article 23, paragraph (2)(紛争の解決の援助)(Assistance in Dispute Resolution)Changed
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.
Article 24, paragraph (1)(調停の委任)(Delegation of Conciliation)Changed
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.
Article 24, paragraph (2)(調停の委任)(Delegation of Conciliation)Changed
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.
The conciliation pursuant to the provisions of paragraph (1) of the preceding Article (hereafter referred to as the "conciliation" in this Section) is conducted by three conciliation commissioners.
前条第一項の規定に基づく調停(以下この節において「調停」という。)は、三人の調停委員が行う。
Article 25, paragraph (2)(調停)
The conciliation commissioners are nominated in advance by the committee chairperson from among the committee members.
調停委員は、委員会の委員のうちから、会長があらかじめ指名する。
Article 26第二十六条
Article 26, paragraph (1)
When the committee finds it necessary for conciliation, it may request the parties concerned or workers employed at the same workplace as that of the parties concerned or any other witness to make an appearance and hear their opinions.
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.
The committee may prepare a conciliation proposal and recommend its acceptance to the parties concerned.
委員会は、調停案を作成し、関係当事者に対しその受諾を勧告することができる。
Article 29第二十九条
Article 29, paragraph (1)
When the committee finds that there is no prospect of resolving the dispute for which conciliation is used, it may discontinue the relevant conciliation.
If the committee discontinues the conciliation pursuant to the provision of the preceding paragraph, it must notify the parties concerned to that effect.
委員会は、前項の規定により調停を打ち切つたときは、その旨を関係当事者に通知しなければならない。
Article 30第三十条
Postponement of Expiration of the Prescription Period(時効の完成猶予)
Article 30, paragraph (1)(時効の完成猶予)
When conciliation is discontinued pursuant to the provisions of paragraph (1) of the preceding Article and the person who applied for the conciliation files a lawsuit as to the claim which was the purpose of the conciliation within 30 days of the day of the notice referred to in paragraph (2) of that Article, the lawsuit is deemed to have been filed at the time when the conciliation was applied for in terms of postponement of the expiration of the prescription period.
Article 31, paragraph (1)(訴訟手続の中止)(Suspension of Court Proceedings)Changed
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:
the conciliation is carried out between the parties concerned for the relevant dispute; or
当該紛争について、関係当事者間において調停が実施されていること。
Article 31, paragraph (1), item (ii)(訴訟手続の中止)
beyond what is provided for in the preceding item, the parties concerned have reached an agreement to resolve the dispute through conciliation.
前号に規定する場合のほか、関係当事者間に調停によつて当該紛争の解決を図る旨の合意があること。
Article 31, paragraph (2)(訴訟手続の中止)
The court in charge of the case may rescind the decisions referred to in the preceding paragraph at any time.
受訴裁判所は、いつでも前項の決定を取り消すことができる。
Article 31, paragraph (3)(訴訟手続の中止)
No appeal may be filed against a decision to dismiss the petition referred to in paragraph (1) and a decision to rescind the decision referred to in paragraph (1) pursuant to the provision of the preceding paragraph.
When the committee finds it necessary in order to resolve a case pending in the committee, it may ask for necessary cooperation from the relevant administrative agencies, such as providing of materials.
Article 33, paragraph (1)(厚生労働省令への委任)Delegation to Order of the Ministry of Health, Labour and WelfareChanged
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.
The Minister of Health, Labour and Welfare is to implement necessary research and studies concerning the working lives of male and female workers respectively.
If the Minister of Health, Labour and Welfare finds it necessary in enforcing this Act, the Minister may ask for necessary cooperation from the head of relevant administrative organs, such as providing of materials.
The Minister of Health, Labour and Welfare may request necessary investigation reports from the prefectural governors in enforcing this Act.
厚生労働大臣は、この法律の施行に関し、都道府県知事から必要な調査報告を求めることができる。
Article 35第三十五条
Collection of Reports and Provision of Advice, Guidance, and Recommendations(報告の徴収並びに助言、指導及び勧告)
Article 35, paragraph (1)(報告の徴収並びに助言、指導及び勧告)
If the Minister of Health, Labour and Welfare finds it necessary in enforcing this Act, the Minister may request reports from employers, or give employers advice, guidance, or recommendations.
Part of the authority of the Minister of Health, Labor and Welfare prescribed in the preceding paragraph may be delegated to the Director of a Prefectural Labor Bureau, as specified by Order of the Ministry of Health, 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.
Article 37, paragraph (1)(船員に関する特例)(Special Provisions for Mariners)Changed
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)."
Article 37, paragraph (2)(船員に関する特例)(Special Provisions for Mariners)Changed
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 administrative work of the conciliation referred to in the preceding paragraph is handled by a panel composed of three conciliators.
前項の調停の事務は、三人の調停員で構成する合議体で取り扱う。
Article 37, paragraph (4)(船員に関する特例)
A conciliator loses their position if an order to commence bankruptcy proceedings is issued to the conciliator or the conciliator is sentenced to imprisonment or a heavier punishment.
調停員は、破産手続開始の決定を受け、又は拘禁刑以上の刑に処せられたときは、その地位を失う。
Article 37, paragraph (5)(船員に関する特例)(Special Provisions for Mariners)Changed
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."
Article 38, paragraph (1)(適用除外)(Exclusion from Application)Changed
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, paragraph (1)(紛争の解決の促進に関する特例に関する経過措置)Transitional Measures Concerning Special Provisions for the Promotion of Dispute ResolutionAdded
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.