Except for labor contracts without fixed terms and except for those in which it is provided that the contract period is the period necessary for the completion of a specific business, it is prohibited to enter into a labor contract for a period exceeding 3 years (or 5 years, for a labor contract falling under one of the following items):
労働契約は、期間の定めのないものを除き、一定の事業の完了に必要な期間を定めるもののほかは、三年(次の各号のいずれかに該当する労働契約にあつては、五年)を超える期間について締結してはならない。
a labor contract entered into with a worker who has expert knowledge, skills, or experience (referred to below as "expertise" in this item and Article 41-2, paragraph (1), item (i)) falling under the standards prescribed by the Minister of Health, Labour and Welfare as being of a highly advanced level (limited to a worker who is appointed to engage in activities requiring that highly advanced level of expertise).
専門的な知識、技術又は経験(以下この号及び第四十一条の二第一項第一号において「専門的知識等」という。)であつて高度のものとして厚生労働大臣が定める基準に該当する専門的知識等を有する労働者(当該高度の専門的知識等を必要とする業務に就く者に限る。)との間に締結される労働契約
a labor contract entered into with a worker aged 60 years or older (other than a labor contract stated in the preceding item).
To preemptively prevent disputes from arising between workers and employers when they enter into fixed-term labor contracts and when those labor contracts expire, the Minister of Health, Labour and Welfare may prescribe standards for particulars regarding the notice that employers are required to give in connection with the expiration of the period of labor contracts, and other necessary particulars.
The relevant government agency may give necessary advice and guidance concerning the standards referred to in the preceding paragraph to employers entering into fixed-term labor contracts.
business
「事業」
A business or office at which people are employed; the unit to which the Labor Standards Act applies.
Short name set inArticle 9, paragraph (1)
worker
「労働者」
A person employed at a business or office and paid wages, whatever the kind of job.
Defined inArticle 9, paragraph (1)· applies throughout the law
employermachine translation
「使用者」
The business owner, its managers, and anyone else acting for the owner in matters concerning its workers.
Defined inArticle 10, paragraph (1)· applies throughout the law
expertise
「専門的知識等」
Specialized knowledge, skills or experience: a worker whose expertise is at a high level meeting standards set by the Minister of Health, Labour and Welfare, and whose work needs it, may sign a fixed-term labor contract of up to five years instead of three, and the same term is used for the covered work in Article 41-2, paragraph (1), item (1).
Short name set inArticle 14, paragraph (1), item (i)· applies only in this item and in Article 41-2, paragraph (1), item (i)