Chapter II Minimum Wages
第二章 最低賃金
Section 1 General Provisions
第一節 総則
第三条(最低賃金額)
Article 4Effect of Minimum Wages
第四条(最低賃金の効力)
Employers must pay wages of not less than the minimum wage amount to whom minimum wages are applicable.
A labor contract between workers to whom minimum wages are applicable and their employer, which provides for wages less than the minimum wage amount is to be invalid with respect to that part. In such cases, the invalid part is deemed to provide for wages equal to the amount of the minimum wages.
The following wages are not to be included in the wages prescribed in the preceding two paragraphs:
wages other than those paid for each period not exceeding one month that are specified by Order of the Ministry of Health, Labour and Welfare;
一月をこえない期間ごとに支払われる賃金以外の賃金で厚生労働省令で定めるもの
wages other than those paid for normal working hours or working days that are specified by Order of the Ministry of Health, Labour and Welfare;
通常の労働時間又は労働日の賃金以外の賃金で厚生労働省令で定めるもの
If a worker did not work the prescribed working hours or working days for personal reasons or if an employer did not let a worker work the prescribed working hours or working days due to legitimate grounds, the provisions of paragraph (1) and paragraph (2) do not preclude the employer from not paying wages for the hours or days the worker has not worked.
Article 5Evaluation of Benefits in Kind
第五条(現物給与等の評価)
Article 6Conflict of Minimum Wages
第六条(最低賃金の競合)
In the case referred to in the preceding paragraph, the provisions of Article 4, paragraph (1) and Article 40 apply to the amount of minimum wage provided for by the regional minimum wage prescribed in Article 9, paragraph (1).
If an employer has obtained permission from the Director of a Prefectural Labor Bureau as provided for by Order of the Ministry of Health, Labour and Welfare, the provisions of Article 4 apply to the following workers based on the amount obtained by deducting the amount obtained by multiplying the minimum wage by the rate specified by Order of the Ministry of Health, Labour and Welfare in consideration of their working capacity and other circumstances from the minimum wage amount specified:
workers who have significantly low working capacity due to mental or physical disability;
精神又は身体の障害により著しく労働能力の低い者
workers during their probationary period;
試の使用期間中の者
workers undergoing vocational training to acquire basic vocational skills and related knowledge necessary for working conducted with the accreditation set forth in Article 24, paragraph (1) of the Vocational Abilities Development Promotion Act (Act No. 64 of 1969) and who are specified by Order of the Ministry of Health, Labour and Welfare; and
職業能力開発促進法(昭和四十四年法律第六十四号)第二十四条第一項の認定を受けて行われる職業訓練のうち職業に必要な基礎的な技能及びこれに関する知識を習得させることを内容とするものを受ける者であつて厚生労働省令で定めるもの
workers engaged in light work and other workers specified by Order of the Ministry of Health, Labour and Welfare.
軽易な業務に従事する者その他の厚生労働省令で定める者
An employer to whom minimum wages apply must implement measures to notify workers of the general outline of the minimum wages by displaying the information of the minimum wages at a conspicuous place in the workspace at all times, or through other means, as provided for by Order of the Ministry of health, Labour and Welfare.
Section 2 Regional Minimum Wages
第二節 地域別最低賃金
Article 9Principles of Regional Minimum Wages
第九条(地域別最低賃金の原則)
Regional minimum wages must be established by taking into account the living expenses of workers, wages of workers and the ordinary enterprises' ability to pay the wages, in the region.
In taking into account of the living expenses of workers set forth in the preceding paragraph, the consistency between regional minimum wages and public assistance policies must be considered to ensure that workers can maintain the minimum standards of wholesome and cultured living.
Article 10Decision on Regional Minimum Wages
第十条(地域別最低賃金の決定)
The Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau must request a study and deliberation by the Central Minimum Wages Council or a Regional Minimum Wages Council (hereinafter referred to as the "Minimum Wages Council") and decide on the regional minimum wages for each region based on their opinions.
厚生労働大臣又は都道府県労働局長は、一定の地域ごとに、中央最低賃金審議会又は地方最低賃金審議会(以下「最低賃金審議会」という。)の調査審議を求め、その意見を聴いて、地域別最低賃金の決定をしなければならない。
When the Minimum Wages Council submits its opinions pursuant to the provisions of the preceding paragraph, if the Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau finds it difficult to act in accordance with the opinions, the Minister or the Director must request a redeliberation to the Minimum Wages Council with the reason attached.
Article 11Objections Filed to the Opinions of Minimum Wages Council
第十一条(最低賃金審議会の意見に関する異議の申出)
When the opinions of the Minimum Wages Council pursuant to the provisions of paragraph (1) of the preceding Article are submitted, the Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau must give public notice of the gist of the opinions, as provided for by Order of the Ministry of Health, Labour and Welfare.
Workers in the region pertaining to the opinions of the Minimum Wages Council under the provisions of paragraph (1) of the preceding Article or employers employing those workers may file an objection with the Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau within 15 days from the date of public notice pursuant to the provisions of the preceding paragraph.
When the objection pursuant to the provisions of the preceding paragraph has been filed, the Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau must seek the opinions of the Minimum Wages Council with regard to the objection.
The Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau may not make the decision set forth in paragraph (1) of the preceding Article until 15 days have elapsed from the date of public notice pursuant to the provisions of paragraph (1). The same applies until the opinions pursuant to the provisions of the preceding paragraph are submitted by the Minimum Wages Council when an objection pursuant to the provisions of paragraph (2) has been filed.
Article 12Revisions of Regional Minimum Wages
第十二条(地域別最低賃金の改正等)
The Minister of Health, Labour and Welfare or the Director of a Prefectural Labour Bureau must decide either to revise or abolish the regional minimum wages in accordance with the procedure to decide on the wages when they find this necessary taking into account of the living expenses and wages of workers, and the ordinary enterprises' ability to pay the wages, in the region.
Article 13Regional Minimum Wages for Dispatched Workers
第十三条(派遣中の労働者の地域別最低賃金)
The provisions of Article 4 apply to dispatched workers prescribed in Article 44, paragraph (1) of the Act on Securing the Proper Operation of Worker Dispatching Businesses and Protecting Dispatched Workers (Act No. 88 of 1985) (referred to as "dispatched workers" in Article 18) on the basis of the amount of minimum wages established by the regional minimum wages decided for the region that includes the location of the place of business of the client engaged in the undertaking (meaning the undertaking engaged by the client of worker dispatch undertaking prescribed in Article 44, paragraph (1); the same applies in Article 18).
Article 14Public Notice and Effectuation of Regional Minimum Wages
第十四条(地域別最低賃金の公示及び発効)
When the Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau has made a decision concerning the regional minimum wages, they must give public notice of the decided matters as provided for by Order of the Ministry of Health, Labour and Welfare.
厚生労働大臣又は都道府県労働局長は、地域別最低賃金に関する決定をしたときは、厚生労働省令で定めるところにより、決定した事項を公示しなければならない。
A decision on regional minimum wages pursuant the provisions of Article 10, paragraph (1) and a decision to revise the regional minimum wages pursuant to the provisions of Article 12 become effective on the day on which 30 days have elapsed from the date of public notice pursuant to the provisions of the preceding paragraph (when there is a day that comes after the day on which 30 days have elapsed from the date of public notice, which is specified by the decision, that day); a decision to abolish the regional minimum wages pursuant to the provisions of Article 12 becomes effective on the date of public notice pursuant to the provisions of the preceding paragraph (when there is a day that comes after the date of public notice, which is specified by the decision, that day).
Section 3 Specific Minimum Wages
第三節 特定最低賃金
Article 15Decisions on Specified Minimum Wages
第十五条(特定最低賃金の決定等)
A person who represents all or a part of workers or employers may request the Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau to decide on a minimum wage for a certain type of business or occupation which is applicable to those workers or employers (hereinafter referred to as "specified minimum wages"), or to decide to revise or abolish the specified minimum wages which are actually applied to those workers or employers, as provided for by Order of the Ministry of Health, Labour and Welfare.
The Minister of Health, Labour and Welfare or the Director of a Prefectural Labour Bureau may request a study and deliberation by the Minimum Wages Council and decide on the specified minimum wages pertaining to the request, or decide to revise or abolish the specified minimum wages pertaining to the request, based on its opinions, if the Minister or the Director finds this necessary when the request pursuant to the provisions of the preceding paragraph has been made.
The provisions of Article 10, paragraph (2) and Article 11 apply mutatis mutandis to cases where the Minimum Wages Council submits its opinions pursuant to the provisions of the preceding paragraph. In this case, the term "region" in Article 11, paragraph (2) is deemed to be replaced with "business or occupation."
When the Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau makes a decision under paragraph (2), if a request is made pursuant to the provisions of Article 11, paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph, the Minister or the Director may suspend the application of the relevant specified minimum wage for a certain field of business for a limited period of time, or decide on a different rate for the specified minimum wages, based on the opinions of the Minimum Wages Council pursuant to the provisions of Article 11, paragraph (3) as applied mutatis mutandis pursuant to the preceding paragraph.
The provisions of Article 10, paragraph (2) apply mutatis mutandis to cases where the Minimum Wages Council submits its opinions pursuant to the provisions of the preceding paragraph.
第十六条
The amount of minimum wages established by the specified minimum wages decided on or revised pursuant to the provisions of paragraph (2) of the preceding Article must exceed the amount of minimum wages established by the regional minimum wages decided for the region that includes the location of the place of business of the employer to whom the specified minimum wage is applicable.
第十七条
Notwithstanding the provisions of Article 15, paragraph (1) and paragraph (2), the Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau may decide to abolish the specified minimum wages decided on or revised pursuant to the provisions of paragraph (2), in accordance with the procedure to decide on the specified minimum wages, when the Minister or the Director finds that the specified minimum wages decided on or revised have become extremely inappropriate.
Article 18Specified Minimum Wages for Dispatched Workers
第十八条(派遣中の労働者の特定最低賃金)
When specified minimum wages apply to the same type of business as the client undertaking to which a worker is dispatched for dispatch work, or to the occupation of workers carrying out the same type of work as dispatched workers employed at the same workplace, the provisions of Article 4 apply to the dispatched worker on the basis of the amount of minimum wages established by the specified minimum wages.
Article 19Public Notice and Effectuation of Specified Minimum Wages
第十九条(特定最低賃金の公示及び発効)
When the Minister of Health, Labour and Welfare or the Director of a Prefectural Labor Bureau has made a decision concerning specified minimum wages, the Minister or the Director must give public notice of the matters decided as provided for by Order of the Ministry of Health, Labour and Welfare.
厚生労働大臣又は都道府県労働局長は、特定最低賃金に関する決定をしたときは、厚生労働省令で定めるところにより、決定した事項を公示しなければならない。
A decision on specified minimum wages and a decision to revise the specified minimum wages pursuant to the provisions of Article 15, paragraph (2) become effective on the day on which 30 days have elapsed from the date of public notice pursuant to the provisions of the preceding paragraph (when there is a day that comes after the day on which 30 days have elapsed from the date of public notice, which is specified by the decision, that day); and a decision to abolish the specified minimum wages under the provisions of Article 15, paragraph (2) and Article 17 becomes effective on the date of public notice pursuant to the provisions of the preceding paragraph (when there is a day that comes after the date of public notice, which is specified by the decision, that day).