Ordinance for Enforcement of the Labor Standards Act

The report under the provisions of paragraph (2) of Article 41-2 of the Act must be made to the Director of the Labor Standards Office Concerned according to Form No. 14-3, in every period not exceeding six months counting from the starting date of the validity period of the resolution referred to in paragraph (1) of that Article.

The report under the provisions of paragraph (2) of Article 41-2 of the Act is to be made on the status of working hours subject to health management and the status of implementation of the measures provided in item (iv) of paragraph (1) of that Article, the measures provided in item (v) of that paragraph and the measures provided in item (vi) of that paragraph.

The provisions of Article 24-2-4 (excluding (b) through (d) of paragraph (4)) apply mutatis mutandis to the committee referred to in paragraph (1) of Article 41-2 of the Act. In this case, the term "(a) through (d)" in (e) of paragraph (4) of Article 24-2-4 is to be deemed to be replaced with "(a)".

The hours specified by Order of the Ministry of Health, Labour and Welfare referred to in item (ii) of paragraph (3) of Article 60 of the Act are to be 48 hours.

The period of a labor contract with a worker who receives vocational training (hereinafter referred to as "trainee") from an employer who has obtained the permission pursuant to the provisions of Article 71 of the Act may be set according to the training course of the vocational training the trainee receives within the period prescribed by item (iv) of paragraph (1) of Article 10, item (iv) of paragraph (1) of Article 12 or item (iv) of paragraph (1) of Article 14 of the Ordinance for Enforcement of the Vocational Abilities Development Promotion Act (Ministry of Labour Order No. 24 of 1969) (in the case where the training period is reduced under the provisions of Article 21 of the same Ordinance or paragraph (2) of Article 2 of the supplementary provisions of the Ministerial Order Partially Amending the Ordinance for Enforcement of the Vocational Training Act (Ministry of Labour Order No. 37 of 1978; hereinafter referred to as the "1978 Amended Training Rules"), the reduced period shall be deducted). In this case, the training period prescribed by the workplace shall not be exceeded.

When an employer finds it necessary so as to make trainees learn skills, the employer may make trainees under 18 years of age engage in some dangerous and injurious work designated in Article 62 of the Act or have male trainees of 16 years of age or more engage in belowground labor.

When an employer have trainees engage in some dangerous and injurious work or belowground labor set forth in the provisions of the preceding paragraph, the employer shall take necessary preventive measures against danger.

Dangerous and injurious work or belowground labor set forth in paragraph (1), and the preventive measures to be taken by an employer referred to provisions of the preceding paragraph shall be shown in appended table 1.

The permission under the provisions of Article 71 of the Act must be obtained from the Director of the Prefectural Labor Bureau having jurisdiction over the location of the workplace, by means of a written application for special permission concerning vocational training according to Form No. 14-4.

When the Director-General of the Prefectural Labor Bureau has given or not, or rescinded permission to an application pursuant to the provisions of the preceding Article, said director shall give notice to said effect to the prefectural governor concerned.

The scope of illness in the course of employment under the provisions of paragraph (2) of Article 75 of the Act shall be shown in appended table 1-2.

The scope of medical treatment provided in the provision of paragraph (2) of Article 75 of the Act shall be those set forth as follows are found necessary for medical care:

Medical examination

Provision of medicine or some other treatment material

Medical measure, operation, or some other remedy

Supervision of recuperation and relevant assistance and other nursing care at home

Hospitalization for medical treatment and relevant assistance and other nursing care in hospitals or clinics

Transportation

If a worker is injured, gets disease, or dies in employment or in the workplace, or in auxiliary buildings of the business, the employer shall make a medical doctor diagnose the worker without delay.

If a worker falls under any of the following items, this worker's employer may make no compensation for absence from work:

In the case of being detained in a penal institution (including, in the case where a sentence is executed in a juvenile training school pursuant to the provisions of paragraph (3) of Article 56 of the Juveniles Act (Act No. 168 of 1948), that juvenile training school) for the execution of a sentence of imprisonment or penal detention or upon being sentenced to death, or of being detained in a detention facility and undergoing the execution of a sentence of imprisonment or penal detention, in the case of being detained in a workhouse upon being ordered to be detained in a workhouse, or in the case of being detained in a confinement facility for the execution of a judicial decision of confinement

In the case of having been committed to and being accommodated in a juvenile training school or a children's self-reliance support facility as a protective disposition under the provisions of Article 24 of the Juveniles Act, in the case of having been committed to and being accommodated in a juvenile training school as a protective disposition under the provisions of Article 64 of that Act, or in the case of being accommodated in a juvenile training school pursuant to a ruling under the provisions of Article 66 of that Act

When a worker only works for part of the prescribed working hours due to injury or disease in the course of employment, the employer shall pay the worker, 60 percent of the difference between the average wages and those paid for said work as a compensation for absence from work.

In any one-year period from April 1 to March 31,a workplace that usually employs fewer than 100 workers, as referred to in paragraph (2) of Article 76 of the Act is one with fewer than 100workers,ascalculated by dividing the number of workers, in terms of worker-years, during the one year before the relevant April 1 have been employed from April 1 to March 31 each year by the number of the prescribed working days for the year concerned .

The ordinary wages paid to workers engaged in the same type of work in the same workplace for the prescribed working hours referred to the provisions of paragraph (2) of Article 76 of the Act shall be calculated in the same manner as the method set forth in the provisions of paragraph (1) of Article 25.

If there exists no worker whose work and working conditions are the same as those of a worker who suffers an injured or illness in the course of employment in a workplace which usually employs 100 workers or more, the amount of the compensation for absence from work paid to the worker shall be adjusted when the quarterly average of the ordinary wages paid to all the workers in said workplace for the prescribed working hours is increased or decreased.

Any amount of compensation for absence from work following an adjustment under the provisions of the second sentence of paragraph (2) of Article 76 of the Act shall be made on the basis of the quarterly average wages which has been used as a basis for the first adjustment.

In case where the increasing or decreasing rate of average wages is calculated on a quarterly under the provisions of paragraphs (2) and (3) of Article 76 of the Act, if there is a fractional percentage to be disregarded.

With respect to compensation for absence from work at a workplace that regularly employs fewer than 100 workers, the rate by which 60 percent of the average wage (or, if the workplace is one that has revised the amount of that compensation for absence from work as a workplace regularly employing 100 or more workers, the amount of compensation for absence from work pertaining to that revision) is to be multiplied in calculating the amount of that compensation for absence from work is to be publicly notified, based on the ratio of the quarterly average amount of salary regularly paid every month in each industry in the Monthly Labour Survey to the quarterly average amount of salary for the quarter preceding that quarter.

If the industry to which a workplace usually employing less than 100 workers belongs is not included in the industry classification listed in the Monthly Labor Survey, the amount of compensation for absence from work shall be calculated by multiplying 60 percent of the amount of average wages (or the adjusted amount, if a workplace has ever adjusted the amount of compensation for absence from work as a workplace usually employing100 workers or more, or according to Monthly Labor Survey ) by the rate prescribed by public notice.

With regard to workers who are employed on a daily basis, an amount of compensation for absence from work shall be calculated by multiplying 60 percent of the amount of average wages by the rate prescribed by public notice.

A public notice pursuant to the provisions of the preceding two Articles shall be given every quarter.

When it is difficult to adjust the amount of compensation for absence from work under the provisions of Articles 38-4, 38-5, 38-7 and 38-8, it shall be adjusted by the Minister of Health, Labour and Welfare.

Payments for medical compensation and compensation for absence from work must be made once per month or more.