Act on Equal Opportunity and Treatment between Men and Women in Employment

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.

①The 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.

②Employers, 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.

①The 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").

②The matters to be specified in the Basic Policy on Measures for Equal Employment Opportunities for Men and Women are as follows:

③The 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.

④The 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.

⑤After 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.

⑥The 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.

With regard to the recruitment and employment of workers, employers must provide equal opportunities for all persons regardless of their sex.

Employers must not discriminate against workers based on their sex regarding the following matters:

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.

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.

①Employers must not use marriage, pregnancy or childbirth as grounds for terminating the employment of female workers.

②Employers must not dismiss female workers on the grounds of marriage.

③Employers 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.

④Dismissal 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.

①The 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).

②The 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."

①Employers 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.

②Employers 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.

③On 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 relevant employer, employers must endeavor to respond to the request.

④The 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).

⑤The 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."

①In 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.

②Employers 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.

③Employers (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.

④Workers 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.

①Employers 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.

②The 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.

③The 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).

④The 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."

①The 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).

②Employers 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.

③Employers (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.

④Workers 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.

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.

①Employers 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.

②The 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).

③The 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, 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 11-2, paragraph (2), Article 11-3, paragraph (1), Article 11-4, paragraph (2), Article 12, 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.

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:

When a complaint is submitted by workers concerning matters prescribed in Article 6, Article 7, Article 9, Article 12 and Article 13, 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 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)), Article 11-3, paragraph (1), Article 12, and Article 13, paragraph (1) and are governed by the provisions of the following Article through Article 27.

①When 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.

②The provision of Article 11, paragraph (2) apply mutatis mutandis to cases in which a worker seeks the assistance referred to in the preceding paragraph.

①The 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 16 (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.

②The provisions of Article 11, paragraph (2) apply mutatis mutandis to cases in which a worker files the application referred to in the preceding paragraph.

①The 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.

②The conciliation commissioners are nominated in advance by the committee chairperson from among the committee members.

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.

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 nominated by major workers' organization or employers' organization in the jurisdictional district of the Prefectural Labor Bureau where the committee is established.

The committee may prepare a conciliation proposal and recommend its acceptance to the parties concerned.

①When the committee finds that there is no prospect of resolving the dispute for which conciliation is used, it may discontinue the relevant conciliation.

②If the committee discontinues the conciliation pursuant to the provision of the preceding paragraph, it must notify the parties concerned to that effect.

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.

①If a lawsuit is pending between the parties concerned with regard to a civil dispute among the disputes prescribed in Article 18, 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:

②The court in charge of the case may rescind the decisions referred to in the preceding paragraph at any time.

③No 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.

Beyond what is provided for in this Section, necessary matters concerning procedures for conciliation are specified by Order of the Ministry of Health, Labour and Welfare.

①The Minister of Health, Labour and Welfare is to implement necessary research and studies concerning the working lives of male and female workers respectively.

②If 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.

③The Minister of Health, Labour and Welfare may request necessary investigation reports from the prefectural governors in enforcing this Act.

①If 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.

②Part 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 (2), Article 17, paragraph (2), and Article 18, paragraph (2)), Article 11-3, paragraph (1), Article 12, and Article 13, paragraph (1), and the employer fails to comply with the recommendations, the Minister may make a public announcement of the violation.

①With regard to the mariners and persons seeking to become mariners prescribed in Article 6, paragraph (1) of the Mariner's 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 11-3, paragraph (4), and Article 13, paragraph (3)), Article 10, paragraph (1), Article 11, paragraph (4), Article 11-3, paragraph (3), Article 13, 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 11-3, paragraph (4), and Article 13, 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 11-3, paragraph (1), Article 12, Article 13-2, and Article 29, 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 11-3, 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 17, paragraph (1), Article 18, paragraph (1) and Article 29, 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 18, 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)."

②The provisions of Articles 19 through 27 do not apply to the conciliation conducted by conciliators upon appointment pursuant to the provisions of Article 18, paragraph (1) following the deemed replacement of terms pursuant to the preceding paragraph.

③The administrative work of the conciliation referred to in the preceding paragraph is handled by a panel composed of three conciliators.

④A 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.

⑤The provisions of Articles 20 through 27 apply mutatis mutandis to the conciliation referred to in paragraph (2). In such a case, the term "committee" in Articles 20 through 23, and Article 26 is deemed to be replaced with "conciliators"; the phrase "the Prefectural Labor Bureau where that committee is established" in Article 21 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 26 is deemed to be replaced with "handled by the conciliators"; in Article 27, the term "this Section" is deemed to be replaced with "Article 31, 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 13-2, Chapter II, Section 3, the preceding Chapter, Articles 29 and 30 do not apply to national and local public employees; the provisions of Chapter II, Section 2 (except for Article 13-2) 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 Officers (Act No. 299 of 1951) is applicable, Diet officers for whom the National Diet Officer Act (Act No. 85 of 1947) is applicable, and the self-defense forces personnel prescribed in Article 2, paragraph (5) of the Self Defense Forces Act (Act No. 165 of 1954).

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 fine of not more than 200,000 yen.