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 disease s in the course of business or within 30 days there after (Article 19 of the Labor Standards Act)

(2) Dismissal during a period of absence from work before and after childbirth or within 30 days thereafter (Article 19 of the Labor Standards Act)

(3) Dismissal by reason of the nationality, creed or social status of a worker (Article 3 of the Labor Standards Act)

(4) Dismissal by reason of giving a report to a labor standards office (paragraph 2 of Article 104 of the Labor Standards Act)

(5) D ismissal by reason of being a member of a labor union or performing a justifiable act of a labor union or for other similar reasons (Article 7 of the Labor Union Act)

(6) Dismissal by reason of a female worker’s marriage, pregnancy, childbirth or absence f rom work before and after childbirth or for other similar reasons (Article 9 of the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment)

(7) Dismissal by reason of applying for or taking child care leave (Article 10 of the Child Care and Family Care Leave Act)

(8) Dismissal by reason of applying for or taking family care leave (Article 16 of the Child Care and Family Care Leave Act)

(9) Dismissal by reason of seeking assistance in resolving an individual labor relate d dispute from the director of the prefectural labor bureau (Article 4 of the Act on Promoting the Resolution of Individual Labor Related Disputes)

Description on ‘prohibition of non-rational dismissal based on employment contract law’ will be posted soon.