Supplementary Provisions

This Act comes into effect as of April 1, 1999; provided, however, that the provisions adding one Article after Article 105-2, the provisions of Article 8 of the Supplementary Provisions and the provisions of Article 15 of the Supplementary Provisions (limited to the part of the provisions amending Article 58, paragraph (3) of the Local Public Service Act (Act No. 261 of 1950) that replaces "and Article 102" with ", Article 102 and Article 105-3") come into effect as of October 1, 1998, and the provisions adding two Articles after Article 38-2 (limited to the part pertaining to Article 38-4), the provisions amending Article 56, paragraph (1), the provisions amending paragraph (2) of that Article (limited to the part replacing "12 years of age" with "13 years of age"), the provisions amending Article 60, paragraph (3) (excluding the provisions amending item (ii) of that paragraph) and the provisions amending Article 106, paragraph (1) (limited to the part pertaining to the resolutions prescribed in Article 38-4, paragraphs (1) and (5)), and the provisions of Article 6 of the Supplementary Provisions, the provisions of Article 11, paragraph (1) of the Supplementary Provisions and the provisions of Article 15 of the Supplementary Provisions (limited to the part of the provisions amending Article 58, paragraph (3) of that Act that replaces "Article 39, paragraph (5)" with "Article 38-4, Article 39, paragraph (5)") come into effect as of April 1, 2000.

The provisions of Article 22, paragraph (1) of the Labor Standards Act as amended by this Act (hereinafter referred to as the "new Act") apply to a worker who retires on or after the date on which this Act comes into effect, and with regard to a worker who retired before the date on which this Act comes into effect, the provisions then in force continue to govern.

The provisions of Article 32-4 of the Labor Standards Act prior to amendment by this Act (hereinafter referred to as the "former Act") remain in force with respect to an agreement under paragraph (1) of that Article (including a resolution, on the matters prescribed in that paragraph, of a working hours reduction promotion committee prescribed in Article 7 of the Act on Temporary Measures for Promoting the Reduction of Working Hours (Act No. 90 of 1992)) that, at the time this Act comes into effect, sets a period that includes March 31, 1999 as the applicable period referred to in item (ii) of that paragraph.

①With regard to a disposition granting or denying permission on an application for the permission referred to in the proviso to Article 34, paragraph (2) of the Former Act that was filed before this Act comes into effect and on which no disposition granting or denying permission has been made at the time this Act comes into effect, the provisions then in force continue to govern.

②With regard to breaks in the case where permission under the provisions of the proviso to Article 34, paragraph (2) of the Former Act was obtained before this Act comes into effect (including the case where the permission referred to in the preceding paragraph was obtained pursuant to the provisions of that paragraph), the provisions then in force continue to govern.

①With regard to paid leave for a worker whose base date (meaning the first day of each sub-period into which the period of continuous employment is divided in one-year intervals starting from the six-months elapsed date prescribed in Article 39, paragraph (2) of the New Act (or, if a period of less than one year arises at the end, that period); the same applies hereinafter in this Article) is a day other than April 1 at the time this Act comes into effect, the provisions then in force continue to govern until the day before the first base date after the date on which this Act comes into effect, notwithstanding the provisions of that paragraph and Article 39, paragraph (3) of the New Act.

②With regard to paid leave for a worker who, from among the workers prescribed in Article 135, paragraph (1) of the New Act who are in continuous service on April 1, 2000, has as the base date as of that day a day other than April 1, from April 1 of that year until the day before the first base date after that day, the provisions of Article 39, paragraphs (2) and (3) of the New Act as applied before the first day of that month with the replacement of terms pursuant to that paragraph govern.

③The provisions of the preceding paragraph apply mutatis mutandis to a worker who is prescribed in Article 135, paragraph (2) of the New Act and who is in continuous service on April 1, 2001.

①With regard to a disposition granting or denying permission on an application for permission to employ a child 12 years of age (excluding an application concerning an occupation in a business of motion picture production or theatrical performance) that was filed before the provisions amending Article 56, paragraph (2) (limited to the part replacing "12 years of age" with "13 years of age"; the same applies hereinafter in this Article) come into effect and on which no disposition granting or denying permission has been made at the time the provisions amending Article 56, paragraph (2) come into effect, the provisions then in force continue to govern.

②With regard to the employment of a child in the case where permission under the provisions of Article 56, paragraph (2) of the Former Act was obtained before the provisions amending Article 56, paragraph (2) come into effect (including the case where the permission referred to in the preceding paragraph was obtained pursuant to the provisions of that paragraph), the provisions then in force continue to govern.

③With regard to an occupation specified by Order of the Ministry of Health, Labour and Welfare, from among the occupations prescribed in Article 56, paragraph (2) of the New Act, in consideration of the actual state of work of children 12 years of age, the social necessity of the business in which those children work and the difficulty of securing replacement personnel for that business, if the permission of the relevant government agency is obtained by the day specified by Order of the Ministry of Health, Labour and Welfare, a child 12 years of age may be employed outside the child's school hours until the child reaches 13 years of age. In this case, with regard to the application of the provisions of Article 57, paragraph (2), Article 60, paragraph (2) and Article 61, paragraph (5), the term "child" in Article 57, paragraph (2) is deemed to be replaced with "child (including a child employed pursuant to the provisions of Article 6, paragraph (3) of the Supplementary Provisions of the Act Partially Amending the Labor Standards Act (Act No. 112 of 1998); the same applies in Article 60, paragraph (2) and Article 61, paragraph (5))".

With regard to an employer who, at the time this Act comes into effect, is to have a person prescribed in Article 60, paragraph (3) of the Former Act work, until the end of the period set as the applicable period in accordance with the provisions of Article 32-4, paragraph (1), item (ii) of the Former Act based on the provisions of item (ii) of that paragraph (limited to a period that includes March 31, 1999), the provisions of Article 60, paragraph (3) of the New Act apply by deeming the term "the provisions of Article 32-4 and Article 32-4-2" in item (ii) of that paragraph to be replaced with "the provisions of Article 32-4 prior to amendment by the Act Partially Amending the Labor Standards Act (Act No. 112 of 1998)".

Until March 31, 1999, the term "Article 12, paragraph (1) of the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Act No. 113 of 1972)" in Article 105-3, paragraph (1) of the New Act is deemed to be replaced with "Article 14 of the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment and Promotion of the Welfare of Women Workers (Act No. 113 of 1972)".

With regard to the application of penal provisions to acts committed before this Act (or, for the provisions prescribed in the proviso to Article 1 of the Supplementary Provisions, those provisions) comes into effect and to acts committed after this Act comes into effect with respect to matters that are to be governed by the provisions then in force pursuant to the provisions of Article 2 and Article 5, paragraph (1) of the Supplementary Provisions and matters concerning the provisions of Article 32-4 of the Former Act that are to remain in effect pursuant to the provisions of Article 3 of the Supplementary Provisions, the provisions then in force continue to govern.

Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary in connection with the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.

①In the case where three years have elapsed after the provisions adding two Articles after Article 38-2 (limited to the part pertaining to Article 38-4) come into effect, the government is to review the provisions of Article 38-4 of the New Act while taking into consideration the status of their enforcement, and, when it finds it necessary, is to take necessary measures based on the results of that review.

②Until the end of the period specified by Order of the Ministry of Health, Labour and Welfare referred to in Article 133 of the New Act, the government is to take into consideration trends in overtime work by workers who are raising children or caring for family members, the status of enforcement of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Act No. 76 of 1991), and other circumstances, and, from the standpoint of promoting the welfare of those workers, to review a system under which those workers may request exemption from overtime work in the case where overtime work extends over long hours, and is to take necessary measures based on the results of that review.

The State is to promote the voluntary efforts of business operators, workers and other persons concerned toward the development of conditions concerning the employment of workers engaged in night work, such as the improvement of the working environment of those workers and the promotion of their health management.