Chapter II Establishment of and Changes to a Labor Contract
第二章 労働契約の成立及び変更
Article 6Establishment of a Labor Contract
第六条(労働契約の成立)
第七条
If a Worker and an Employer conclude a labor contract, and the Employer has informed the Worker of the rules of employment that provide for reasonable working conditions, the contents of the labor contract are to be based on the working conditions provided by such rules of employment; provided, however, that this does not apply to any portion of the labor contract in which the Worker and the Employer have agreed on working conditions that are different from the contents of the rules of employment, except in cases that fall under Article 12.
Article 8Change to the Contents of a Labor Contract
第八条(労働契約の内容の変更)
Article 9Change to the Contents of a Labor Contract Based on Rules of Employment
第九条(就業規則による労働契約の内容の変更)
An Employer may not change any of the working conditions that constitute the contents of a labor contract in a manner disadvantageous to a Worker by changing the rules of employment, unless an agreement to do so has been reached with the Worker; provided, however, that this does not apply to the cases set forth in the following Article.
第十条
When an Employer changes the working conditions by changing the rules of employment, if the Employer informs the Worker of the changed rules of employment, and if the change to the rules of employment is reasonable in light of the extent of the disadvantage to be incurred by the Worker, the need for changing the working conditions, the appropriateness of the contents of the changed rules of employment, the status of negotiations with a labor union or the like, or any other circumstances pertaining to the change to the rules of employment, the working conditions that constitute the contents of a labor contract are to be in accordance with such changed rules of employment; provided, however, that this does not apply to any portion of the labor contract which the Worker and the Employer have agreed on as being the working conditions that are not to be changed by any change to the rules of employment, except in cases that fall under Article 12.
Article 11Procedure for Changing the Rules of Employment
第十一条(就業規則の変更に係る手続)
Procedures for changing the rules of employment are governed by the provisions of Article 89 and Article 90 of the Labor Standards Act (Act No. 49 of 1947).
就業規則の変更の手続に関しては、労働基準法(昭和二十二年法律第四十九号)第八十九条及び第九十条の定めるところによる。
Article 12Labor Contract in Violation of the Rules of Employment
第十二条(就業規則違反の労働契約)
A labor contract that stipulates any working conditions that do not meet the standards established by the rules of employment is invalid with regard to such portions.In this case, the portions which have become invalid are governed by the standards established by the rules of employment.
就業規則で定める基準に達しない労働条件を定める労働契約は、その部分については、無効とする。この場合において、無効となった部分は、就業規則で定める基準による。
第十三条(法令及び労働協約と就業規則との関係)
If the rules of employment violate any law or regulations or collective agreement, the provisions of Article 7, Article 10 and the preceding Article do not apply to a labor contract with a Worker to whom said law or regulations or collective agreement applies, with regard to said portion in violation.