Changes on a date not yet set (Act No. 46 of 2026)
If a person who violates this Act is an agent, employee, or other staff member who was acting on behalf of the person in control of the business in connection with a matter concerning a worker at that business, the person in control of the business is also subject to the fine referred to in the relevant Article; provided, however, that this does not apply if the person in control of the business has taken the necessary measures to prevent that violation (if the person in control of the business is a corporation, their representative is deemed to be the person in control of the business; and if the person in control of the business is a minor or an adult ward without the same legal capacity to act as an adult in connection with that business, their statutory representative is deemed to be the person in control of the business (if the statutory representative is a corporation, their representative); the same applies below in this Article).
If the person in control of the business learns of a planned violation but does not take any necessary measures to prevent it, knows of a violation but does not take any necessary measures to rectify it, or instigates that violation, the person in control of the business is also punished as a violator.
事業主が違反の計画を知りその防止に必要な措置を講じなかつた場合、違反行為を知り、その是正に必要な措置を講じなかつた場合又は違反を教唆した場合においては、事業主も行為者として罰する。
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
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.