Labor Tribunal Act
労働審判法
A quick procedure in the district court for a civil dispute between an individual worker and an employer over whether a labor contract exists or another matter of their working relationship: on a party's petition, a panel of one judge and two people with expert knowledge of labor relations tries mediation where a settlement looks possible and, if the dispute is not resolved that way, decides it.
- Text in force since
- Promulgated
- Articles
- 36
- Amendments on the way
- 1
What this law does
- The procedure (労働審判手続) is for a civil dispute between an individual worker and an employer (事業主) over whether a labor contract exists or another matter of labor relations — a "civil dispute on labor relations" (個別労働関係民事紛争). Either party to such a dispute may petition the court to resolve it this way.(Art. 1(1), Art. 5(1)) (the provisions it rests on)
Read the full overview
- Until the change takes effect, 13 June 2028 at the latest: The petition is filed in writing (申立書), naming the parties and their statutory agents and stating what is sought and why. It goes to a district court for the place where the other side lives or has its office, for the workplace of that employer where the worker works or last worked, or that the parties have agreed on.(Art. 5(2), Art. 5(3), Art. 2(1)) (the provisions it rests on)
- From a day still to be set, 13 June 2028 at the latest: From a day a Cabinet Order sets, no later than 13 June 2028, the petition is still a written petition (申立書) naming the parties and their statutory agents and stating what is sought and why, filed at a district court for where the other side lives or has its office, for the workplace of that employer where the worker works or last worked, or that the parties agreed on. Under Article 28-2, the Code of Civil Procedure's rules on filing through the court's electronic data processing system (電子情報処理組織), Articles 132-10 to 132-12, also apply to petitions and other statements in the procedure, adapted so that they refer to this Act's Article 4(1) proviso on agents the court permits; that separate Act, as Article 28-2 adapts it, governs who must file that way.(Art. 5(2), Art. 5(3), Art. 2(1), Art. 28-2(1)) (the provisions it rests on)
- If the other side is a person with no address or residence in Japan, or none known, the case can also go to the district court for their last address. If it is a company or other body (other than a foreign one) with no office in Japan, or none known, it can also go to the court for where its representative or other chief officer lives. A foreign company or body with no office in Japan can also be taken to the court for where its representative or chief officer in Japan lives.(Art. 2(2), Art. 2(3), Art. 2(4)) (the provisions it rests on)
- Only a lawyer (弁護士), or an agent another law allows to act in court, may represent a party. The court may permit someone who is not a lawyer to act as agent where it is necessary and appropriate to protect the parties' rights and keep the procedure running smoothly, and may withdraw that permission.(Art. 4(1), Art. 4(2)) (the provisions it rests on)
- The court hears the case through a labor tribunal () of one labor tribunal judge (), whom the district court designates from among its judges, and two labor tribunal members (). The members are appointed from people with expert knowledge and experience of labor relations, designated by the court for each case, and act from a neutral and fair position; the tribunal decides by majority.(Art. 7(1), Art. 8(1), Art. 9(1), Art. 9(2), Art. 10(1), Art. 12(1)) (the provisions it rests on)
- The tribunal must promptly hear the parties and sort out the issues and evidence, and, unless there are special circumstances, conclude the hearing within three sessions (期日). The proceedings are not open to the public, though the tribunal may let people it considers appropriate observe.(Art. 15(1), Art. 15(2), Art. 16(1)) (the provisions it rests on)
- The tribunal tries mediation (調停) where a settlement looks possible; an agreement reached in mediation and recorded by the court has the same effect as a judicial settlement (裁判上の和解), under the Civil Mediation Act as this Act applies it. If mediation does not resolve the dispute, the tribunal makes a labor tribunal decision (労働審判) based on the parties' rights as found and the course of the proceedings: it may confirm their rights, order a payment of money, a handing over of property or another economic benefit, and set whatever else is appropriate to resolve the dispute.(Art. 1(1), Art. 29(2), Civil Mediation Act Art. 16(1), Art. 20(1), Art. 20(2)) (the provisions it rests on)
Labor tribunal proceedingsFiling a petitionRepresentation by a lawyerLabor tribunal membersThree-session limitLabor tribunal decisionObjection to a decisionCosts
Amendments
A Japanese law is changed by another law or order that rewrites it — an . This law has 1 amendment on the way — , but . Its amendment history is below. The amendments this site has read the changes of are on this law's amendments page, provision by provision, in Japanese and English.
By 13 June 2028
at the latest, in 2 years
Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.
民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律
On a day set by , no later than 13 June 2028 — the amending law allows up to five years from . The exact day is not fixed yet.
8 amendments already in force
21 May 2026
The text on this site
Act Partially Amending the Code of Civil Procedure, etc.
民事訴訟法等の一部を改正する法律
1 October 2025
Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.
民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律
1 June 2025
Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Penal Code, etc.
刑法等の一部を改正する法律の施行に伴う関係法律の整理等に関する法律
14 June 2023
Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc.
民事関係手続等における情報通信技術の活用等の推進を図るための関係法律の整備に関する法律
20 February 2023
Act Partially Amending the Code of Civil Procedure, etc.
民事訴訟法等の一部を改正する法律
17 June 2022
Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Penal Code, etc.
刑法等の一部を改正する法律の施行に伴う関係法律の整理等に関する法律
25 May 2022
Act Partially Amending the Code of Civil Procedure, etc.
民事訴訟法等の一部を改正する法律
1 January 2013
e-Gov gives no title for this amendment
Who it applies to
It applies to
- Individual workers and employers (事業主) in a civil dispute over whether a labor contract exists or another matter of labor relations: either may start the procedure, and the other is the respondent.(Art. 1(1), Art. 5(1), Art. 2(1)) (the provisions it rests on)
- A person with an interest in the outcome of the procedure, who may join it with the tribunal's permission, and whom the tribunal may make join where it considers that appropriate, under the Civil Mediation Act as Article 29(2) applies it.(Art. 29(2), Civil Mediation Act Art. 11(1), Civil Mediation Act Art. 11(2)) (the provisions it rests on)
1 more
- Anyone involved in a case whom the labor tribunal judge summons: the court can fine them up to 50,000 yen (過料) if they do not appear without justifiable grounds.(Art. 14(1), Art. 31(1)) (the provisions it rests on)
How it is enforced (15)
- The labor tribunal judge leads the proceedings, sets the sessions and summons those involved in the case. The tribunal looks into the facts on its own authority and may examine any evidence it considers necessary, at a party's request or on its own.(Art. 13(1), Art. 14(1), Art. 17(1)) (the provisions it rests on)
- Until the change takes effect, 13 June 2028 at the latest: A labor tribunal decision is made in a written decision (審判書) giving its main text and the gist of its reasons, and takes effect when that document is served on the parties. Where the tribunal considers it appropriate, it may instead announce the decision orally at a session all parties attend, and the decision takes effect when announced.(Art. 20(3), Art. 20(4), Art. 20(6)) (the provisions it rests on)
- From a day still to be set, 13 June 2028 at the latest: From a day a Cabinet Order sets, no later than 13 June 2028, a labor tribunal decision is made by preparing an electronic decision (電子審判書) giving its main text and the gist of its reasons and recording it in the court's files; it takes effect when served on the parties. Where the tribunal considers it appropriate, it may instead announce the decision orally at a session all parties attend, and the decision takes effect when announced.(Art. 20(3), Art. 20(4), Art. 20(6)) (the provisions it rests on)
- Either party may file an objection (異議の申立て) with the court within two weeks — a period the court cannot extend (不変期間) — from the day the decision was served on it or announced. A lawful objection makes the decision lose its effect; with no lawful objection, the decision has the same effect as a judicial settlement (裁判上の和解).(Art. 21(1), Art. 21(3), Art. 21(4)) (the provisions it rests on)
- After a lawful objection, a lawsuit on the claim in the petition is deemed to have been filed, on the day of the petition, in the district court where the case was pending, and the petition is treated as the complaint (訴状) for some Code of Civil Procedure provisions. If Japanese courts have no jurisdiction over the claim under that Code, the deemed lawsuit is dismissed.(Art. 22(1), Art. 22(2), Art. 22(3)) (the provisions it rests on)
- Until the change takes effect, 13 June 2028 at the latest: Where a written decision must be served but the party's address or other place for service is unknown, service cannot be made under Article 107(1) of the Code of Civil Procedure as Article 20(5) applies it, service abroad is impossible, or six months pass after a request to a foreign authority without proof of service, the court must cancel the decision. A lawsuit is then deemed filed as after an objection.(Art. 23(1), Art. 23(2), Art. 22(1)) (the provisions it rests on)
- From a day still to be set, 13 June 2028 at the latest: From a day a Cabinet Order sets, no later than 13 June 2028, the court must cancel a decision made as an electronic decision (電子審判書) where it must be served but the party's address or other place for service is unknown (unless service can be made under Article 109-2 of the Code of Civil Procedure as Article 20(5) applies it, which that separate Act governs), service cannot be made under Article 107(1) of that Code as Article 20(5) applies it, service abroad is impossible, or six months pass after a request to a foreign authority without proof of service. A lawsuit is then deemed filed as after an objection.(Art. 23(1), Art. 23(1)(i), Art. 23(1)(ii), Art. 23(1)(iii), Art. 23(1)(iv), Art. 23(2), Art. 22(1)) (the provisions it rests on)
- The tribunal may end a case without a decision if, given the nature of the case, the procedure is not suitable for resolving the dispute quickly and properly. A lawsuit is then deemed filed in the same way as after an objection, in the district court where the case was pending when it ended.(Art. 24(1), Art. 24(2), Art. 22(1)) (the provisions it rests on)
- The petition may be withdrawn, in whole or in part, until the labor tribunal decision becomes final (確定).(Art. 24-2(1)) (the provisions it rests on)
- Until the change takes effect, 13 June 2028 at the latest: Where mediation succeeds, or a decision meets no lawful objection, each party bears the costs it paid itself, except as the mediation terms or the decision provide. When a case ends in another way, the court may, if it finds it necessary, order who bears the costs of the procedure, at a party's request or on its own.(Art. 18(1), Art. 21(5), Art. 25(1)) (the provisions it rests on)
- From a day still to be set, 13 June 2028 at the latest: From a day a Cabinet Order sets, no later than 13 June 2028, each party still bears the costs it paid itself where mediation succeeds or a decision meets no lawful objection, except as the mediation terms or the decision provide. When a case ends in another way, the court may, if it finds it necessary, order who bears the costs, on its own or at a party's request — and a party's request must be made within ten years of the day the case ended.(Art. 18(1), Art. 21(5), Art. 25(1), Art. 25(2)) (the provisions it rests on)
- Until the change takes effect, 13 June 2028 at the latest: Article 28-2 applies to petitions and other statements in the procedure the Code of Civil Procedure's rules on keeping a party's address, name and similar details from the other side (当事者に対する住所、氏名等の秘匿); that separate Act sets when and how.(Art. 28-2(1)) (the provisions it rests on)
- From a day still to be set, 13 June 2028 at the latest: From a day a Cabinet Order sets, no later than 13 June 2028, the same Code of Civil Procedure rules on keeping a party's address, name and similar details from the other side (当事者に対する住所、氏名等の秘匿) apply to petitions and other statements in the procedure under Article 28-3; that separate Act sets when and how.(Art. 28-3(1)) (the provisions it rests on)
- The court imposes a civil fine (過料) of up to 50,000 yen on a person summoned by the labor tribunal judge who fails to appear without justifiable grounds. Where especially necessary for mediation or a decision, the tribunal may, at a party's request, order the other side or others involved in the case not to change the current state of affairs, dispose of property or otherwise make the outcome impossible or much harder to carry out. A party who does not follow such an order without justifiable grounds is fined up to 100,000 yen, but the order itself cannot be enforced (執行力を有しない).(Art. 31(1), Art. 32(1), Art. 29(2), Civil Mediation Act Art. 12(1), Civil Mediation Act Art. 12(2)) (the provisions it rests on)
- The tribunal's deliberations are secret. A current or former labor tribunal member who, without justifiable grounds, reveals how the deliberations went, the opinions of the judge or members, or how many held which view, faces a fine of up to 300,000 yen; one who reveals a person's secret learned in the course of their duties faces imprisonment (拘禁刑) of up to one year or a fine of up to 500,000 yen.(Art. 12(2), Art. 33(1), Art. 34(1)) (the provisions it rests on)
How it connects to other laws
Cites this lawLawThis law cites it
It also names 5 laws not yet held here.
Where the translation comes from
- 90
- 40
The Ministry of Justice's translation is shown only where the Japanese it translates matches the law in force today. Everywhere else the English is a machine translation, marked on the paragraph itself.
Only the Japanese is the law, and no lawyer has reviewed the machine translation.
Sources
Everything this page rests on
- e-Gov (Digital Agency)労働審判法 — the text in force from 2026-05-21Original
- e-Gov (Digital Agency)労働審判法 — revision historyOriginal
- Japanese Law Translation, Ministry of JusticeLabor Tribunal Act — Ministry of Justice translationOriginal
- Machine translation, not official
- Written for this site with AIEnglish titles of amending laws, written for this site
- Written for this site with AIDescriptions of each law, written for this site
- Worked out by this site from e-Gov's text