Disciplinary action is one of the most important articles at employment rules. The purpose of disciplinary actions is to maintain the peaceful order of the workplace of the employer by establishing internal rules and regulations in order to run its business efficiently. Disciplinary actions should be conducted only when they are part of an employment … Continue reading “Disciplinary Actions in Work Rules”
Category: Laws
Prohibition of non-rational dismissal based on Employment Contract Act
Is it extremely tough to dismiss an employee because of one’s poor performance? The answer is in most cases ‘yes’. Article 16 of Labor Contracts Act (below) , stipulates that dismissal lacking rational grounds is invalid. If a dismissal lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, it is … Continue reading “Prohibition of non-rational dismissal based on Employment Contract Act”
Does a company need to pay full salary to an employee during her Childcare Leave?
The answer is “NO”. A company shall grant maternity leave and childcare leave to an employee. Maternity leave starts from the day 6 weeks prior to expected birthdate get Childcare Leave until her child reaches 1 year. However, if the employee has some unavoidable reason that she cannot come back to work, then the leave … Continue reading “Does a company need to pay full salary to an employee during her Childcare Leave?”
How to Avoid Inefficiently Flexible Working Hours?
The Work Style Reform Law and associated revisions to labour law have come into effect since this April 1st. The comprehensive package of reform and revision in the law consists of 3 main pillars. The first is a legal cap on overtime working hours. The second is the implementation of “equal pay for equal work” … Continue reading “How to Avoid Inefficiently Flexible Working Hours?”
Employer’s “obligation to ascertain and calculate working hours”
The Labor Standards Act contains provisions on working hours, holidays, nighttime overtime work, and other working conditions. Employers are therefore under the obligation to properly ascertain and control working hours. According to the revision of law which came into effect on 1-April-2019, a company is required to manage the work hours of the all employee … Continue reading “Employer’s “obligation to ascertain and calculate working hours””
A Regulatory Limit on Overtime Work
As a part of 2019 Workstyle reform bills, this regislation literally promotes the contents of the present Ministerial Notice to a mandatory law and adds legal biding power to them. It will set a regulatory limit that cannot be exceeded even in cases with consensus between labor and management on temporary and special situations. In … Continue reading “A Regulatory Limit on Overtime Work”
Statutory restrictions on dismissal
There are two types of restrictions for terminating employees in Japan. Type one is statutory restriction based on LSA and related laws, the other is prohibition of non-rational dismissal based on employment contract law. Following items are examples of statutory restrictions. (1) Dismissal during a period of absence from work for in jur ies or … Continue reading “Statutory restrictions on dismissal”