Chapter II Labor Contracts
第二章 労働契約
Article 13Contracts Violating This Act
第十三条(この法律違反の契約)
Any part of a labor contract that prescribes working conditions not meeting the standards of this Act is void. In such a case, the part of the contract that is void is governed by the standards prescribed in this Act.
この法律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、無効となつた部分は、この法律で定める基準による。
Article 14Contract Period; Related Matters
第十四条(契約期間等)
Excluding labor contracts without fixed terms and excepting those in which it is provided that the contract period is the period necessary for the completion of a specific undertaking 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 (hereinafter referred to 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 an advanced level (limited to a worker who is appointed to work activities requiring the prescribed 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 as set forth in the preceding item).
In order 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 to give in connection with the expiration of the period of labor contracts and other necessary particulars.
The relevant government agency may give the necessary advice and guidance concerning the standards referred to in the preceding paragraph to employers entering into fixed-term labor contracts.
Article 15Making the Working Conditions Explicit
第十五条(労働条件の明示)
When entering into a labor contract, the employer must make the wages, working hours, and other working conditions explicit to the worker. In doing so, the employer must make explicit the particulars of wages and working hours and any other such particulars that Order of the Ministry of Health, Labour and Welfare prescribes in the manner prescribed by Order of the Ministry of Health, Labour and Welfare.
If a working condition that has been made explicit based on the provisions of the preceding paragraph diverges from the fact of the matter, the worker may immediately cancel the labor contract.
Article 17Prohibition on Offsetting against Advances
第十七条(前借金相殺の禁止)
第十八条(強制貯金)
An employer must not cause a worker to form a savings contract concomitant with the labor contract, and must not form a contract to manage a worker's savings concomitant with the labor contract.
使用者は、労働契約に附随して貯蓄の契約をさせ、又は貯蓄金を管理する契約をしてはならない。
Before an employer seeks to be entrusted by workers with managing their savings, it must conclude a written agreement with the labor union that has been organized by a majority of the workers at that workplace, if there is one, or with a person representing a majority of the workers at that workplace, if there is no such union; and must file this with the relevant government agency.
When an employer is entrusted by a worker with managing that worker's savings, it must set an interest rate if its management of those savings constitutes the acceptance of a deposit. In such a case, if the interest rate is below the rate of interest prescribed by Order of the Ministry of Health, Labour and Welfare in consideration of the rate of interest for deposits accepted by financial institutions, the employer is deemed to have set an interest rate that is based on the rate of interest prescribed by that Order of the Ministry of Health, Labour and Welfare.
If an employer has violated the provisions of the preceding paragraph and the employer's continued management of the workers' savings is found to be seriously detrimental to the interests of the worker, the relevant government agency may order the employer to suspend its management of those savings, to the extent necessary.
An employer must not dismiss a worker in a period during which the worker is absent from work for medical treatment due to an injury sustained or illness suffered in the course of employment, nor within 30 days thereafter, and must not dismiss a female worker in a period during which she is absent from work before or after childbirth based on the provisions of Article 65, nor within 30 days thereafter; provided, however, that this does not apply if the employer pays compensation for discontinuation pursuant to Article 81, nor does it apply if business continuance has become impossible due to a natural disaster or any other compelling reason.
In a case as referred to in the second sentence of the proviso to the preceding paragraph, the employer must obtain the approval of the relevant government agency with respect to the reason in question.
前項但書後段の場合においては、その事由について行政官庁の認定を受けなければならない。
Article 20Advance Notice of Dismissal
第二十条(解雇の予告)
If an employer wishes to dismiss a worker, the employer must provide at least 30 days' advance notice. An employer not giving 30 days' advance notice must pay the worker the average wage they would earn in working for a period of at least 30 days; provided, however, that this does not apply if business continuance has become impossible due to a natural disaster or any other compelling reason, nor does it apply if the worker is dismissed for reasons attributable to the worker.
The number of days of advance notice set forth in the preceding paragraph may be shortened if the employer pays the worker the average wage they would earn for each day of work by which the advance notice period is shortened.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to a case as referred to in the proviso to paragraph (1).
第二十一条
The provisions of the preceding Article do not apply to a worker falling under one of the following items; provided, however, that this is not the case with respect to a person falling under item (i) who has been employed consecutively for a period of more than one month, a person falling under either item (ii) or item (iii) who has been employed consecutively for more than the period set forth in the relevant item, nor a person falling under item (iv) who has been employed consecutively for a period of more than 14 days:
a person hired on a day-to-day basis;
日日雇い入れられる者
a person employed for a fixed period not longer than 2 months;
二箇月以内の期間を定めて使用される者
a person employed in seasonal work for a fixed period of not longer than 4 months;
季節的業務に四箇月以内の期間を定めて使用される者
a person who is in a probationary period.
試の使用期間中の者
Article 22Certificate on Separation from Employment
第二十二条(退職時等の証明)
If, on the occasion of separation from employment, a worker requests a certificate stating the period of employment, kind of occupation, position in the business, wages, or reason for separation (including the grounds for dismissal, if dismissal is the reason for separation), the employer must deliver one without delay.
If a worker requests a certificate giving the grounds for dismissal during the period between the day on which the worker is given the advance notice of dismissal referred to in Article 20, paragraph (1) and the day of separation from employment, the employer must deliver this without delay; provided, however, that if, on or after the day that the worker receives advance notice of dismissal, the worker is separated from employment for reasons other than the dismissal in question, the employer is not required to deliver such a certificate on or after the day on which the worker is separated from employment.
The employer must not include in the certificate referred to in the preceding two paragraphs any particular that the worker does not request.
An employer must not conspire with a third party in advance to communicate any information concerning the nationality, creed, social status, or union activities of a worker, nor include any secret message in a certificate as referred to in paragraph (1) or (2), with the intent to impede the employment of a worker.
Article 23Return of Money and Goods
第二十三条(金品の返還)
If a worker dies or is separated from employment and the employer is requested to do so by a right holder, the employer must pay the wages and return reserve funds, security deposits, savings, and any other money or goods to which the worker is entitled, regardless of what it may be called, within 7 days.
If there is a dispute over the wages, money, or goods referred to in the preceding paragraph, the employer must pay or return any undisputed portion of this within the period set forth in the preceding paragraph.