Terminating employment in Japan is a complex process governed by a strong emphasis on employee protection. This process involves lawful grounds for dismissal, notice requirements, and severance pay provisions.

Lawful Grounds for Dismissal

Acceptable reasons for dismissal are defined by the Termination of Employment Act and court rulings. These reasons can be broadly categorized as:

• Just Cause (Rõji Yuukai): This refers to serious misconduct by the employee that makes it impossible to continue the employment relationship. Examples include theft, violence, or gross insubordination.
• Economic Reasons (Keiei Jijo): Dismissals due to economic downturn, restructuring, or company closure fall under this category. Employers must demonstrate a good faith effort to avoid layoffs through measures like temporary transfers or salary reductions.

The burden of proof for justifying dismissal lies with the employer. Dismissals deemed unfair by the courts can lead to reinstatement orders and backpay for the employee.

Notice Requirements

The Termination of Employment Act mandates notice periods for both employers and employees who wish to terminate an employment contract. The specific notice period depends on the employee's length of service:

• Less than 1 year: 30 days' notice (can be shorter with employee consent)
• 1 year or more: Minimum 30 days' notice, with some companies providing longer periods based on seniority

If the employer terminates the contract without proper notice, they must pay the employee compensation equivalent to their salary for the notice period.

Severance Pay (Retrenchment Allowance)

Severance pay, known as "Retrenchment Allowance" in Japan, is not mandated by law for all dismissals. However, it is customary practice for companies to provide severance pay in cases other than just cause dismissal. The amount of severance pay can vary depending on factors like:

• Employee's Length of Service: Severance pay typically increases with seniority.
• Company Policy: Many companies have established formulas for calculating severance pay based on salary and years of service.
• Reason for Termination: Severance pay may be lower or absent in cases of dismissal due to misconduct.

Severance pay can be a subject of negotiation between the employer and employee during the termination process.

Japan has made strides in addressing discrimination, but its legal framework is less comprehensive than some other developed nations. There is no single, overarching anti-discrimination law. Instead, protections against discrimination are derived from a combination of laws and Japan's Constitution. This article will explore the protected characteristics, redress mechanisms, and employer responsibilities regarding discrimination in Japan.

Protected Characteristics

Explicit legal protections against discrimination in Japan exist for the following characteristics:

• Gender: The Act on Securing Equal Opportunity and Treatment between Men and Women in Employment (1972) prohibits discrimination based on gender in areas such as hiring, promotion, and benefits.
• Disability: The Basic Act for Persons with Disabilities (2011, revised 2016) prohibits discrimination against individuals with disabilities and mandates certain workplace accommodations.
• Nationality and Race: While there's no explicit anti-discrimination law for these areas, Japan's Constitution provides a general guarantee of equality and non-discrimination.

Redress Mechanisms

Available avenues for addressing workplace discrimination in Japan include:

• Labor Bureaus: The first step is usually lodging a complaint with the Prefectural Labor Bureau, which may offer mediation services.
• Labor Tribunals: If mediation is unsuccessful, individuals may file a case with a Labor Tribunal, a specialized court for employment disputes. Tribunals can issue remedial orders.
• Lawsuits: In some cases, individuals may pursue a lawsuit in civil court, seeking compensation or other remedies for discrimination.

Employer Responsibilities

While employers don't always face legally mandated consequences beyond those ordered by courts or tribunals, Japan advocates for a proactive employer role in preventing workplace discrimination:

• Corporate Policies: Companies are encouraged to adopt clear policies prohibiting discrimination and implement robust reporting procedures.
• Training and Awareness: Providing employees with regular training on diversity, inclusion, and unconscious bias is considered essential for combating discrimination.
• Reasonable Accommodation: Employers are expected to make reasonable accommodations for individuals with disabilities and accommodate religious needs where possible.

Japan's government is taking steps to promote stronger anti-discrimination measures with initiatives like the "Act on Promotion of the Elimination of Discrimination Against Persons with Disabilities" and recent efforts to pass a comprehensive LGBT+ anti-discrimination law.

Japan's Labor Standards Law (LSL) outlines the basic regulations for working conditions, aiming to ensure fair treatment and employee health and well-being. The standards cover work hours, rest periods, and ergonomic provisions.

Working Hours

The LSL sets guidelines for working hours in Japan:

• Standard Workday: The standard workday is 8 hours.
• Standard Workweek: The standard workweek is 40 hours, with a maximum of two days off per week.
• Overtime: Overtime work is permissible but subject to restrictions. In principle, employers need a "36 Agreement" with a labor union or employee representative to assign overtime work regularly. Overtime must be compensated at premium rates.

Rest Periods

Japan mandates rest breaks and time off to safeguard employee well-being and prevent fatigue:

• Breaks: Workers are entitled to at least 45 minutes of rest after 6 hours of work, and at least 1 hour of rest after 8 hours of work.
• Weekly Rest: Employees must be granted at least one day of rest per week.
• Annual Leave: Workers accrue paid annual leave based on their length of service. The minimum starts at 10 days and increases with tenure.

Ergonomic Requirements

While Japan doesn't have a specific law dedicated to ergonomics, various provisions within the LSL and other regulations promote workplace safety and minimize ergonomic hazards:

• General Safety Obligations: Employers are required to take measures to maintain safety, hygiene, and prevent occupational hazards in the workplace.
• Industrial Safety and Health Law: This law outlines specific safety measures and guidelines for hazardous work activities.
• Voluntary Guidelines: The government and labor organizations promote best practices through guidelines and encourage companies to proactively address workplace ergonomics.

Japan's comprehensive health and safety (H&S) framework prioritizes employee safety and well-being. The Industrial Safety and Health Act (ISHA) is the cornerstone of this framework. Along with supplementary regulations and guidelines, it establishes clear obligations for employers, safeguards employee rights, and assigns enforcement responsibilities.

Employer Obligations

The ISHA emphasizes employers' responsibility to create a safe and healthy work environment. Key employer obligations include:

• Risk Assessments: Employers must conduct regular risk assessments to identify potential hazards in the workplace. These assessments should encompass various aspects like machinery, chemicals, work processes, and psychosocial hazards.
• Safe Work Procedures: Employers are responsible for developing and implementing safe work procedures to minimize risks. This involves providing proper training to employees on these procedures.
• Provision of Personal Protective Equipment (PPE): Employers must furnish employees with appropriate PPE based on the specific workplace risks identified in the risk assessment.
• Worker Consultation and Participation: The ISHA emphasizes consultation with employee representatives on H&S matters. This can involve involving them in risk assessments, safety discussions, and decisions.
• Accident Reporting: Employers are legally bound to report work-related accidents, illnesses, and near misses to the Ministry of Health, Labour and Welfare (MHLW).

Employee Rights

Japanese employees enjoy a well-defined set of rights under the H&S framework:

• Right to a Safe Workplace: Employees have the legal right to work in an environment free from foreseeable hazards.
• Right to Information and Training: Employees are entitled to receive information and training on workplace safety procedures and potential risks associated with their jobs.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious threat to their health and safety, provided they can justify their concerns.

These rights empower employees to actively participate in maintaining a safe work environment.

Enforcement Agencies

The primary responsibility for enforcing H&S regulations in Japan falls under the Occupational Safety and Health Department (OSH Department) within the MHLW. The OSH Department carries out these tasks through its Labor Standards Inspectors:

• Workplace Inspections: The OSH Department conducts regular inspections of workplaces to ensure compliance with health and safety regulations.
• Issuing Improvement Orders: If breaches are identified, inspectors can issue improvement orders outlining corrective actions employers must take.
• Administrative Penalties: In cases of serious non-compliance, the OSH Department can impose administrative penalties.

Japan's Workers' Compensation Insurance Law provides financial and medical support to employees who suffer work-related injuries or illnesses.