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Yokohama Partner Law Office

Yokohama Partner Law Office

Yokohama, Japan

Founded in 2000
50 people in their team
When I was little, I loved "The Crying Red Demon." This is a fairy tale by Hirosuke Hamada. Red Demon wants to get along with humans, but everyone is...
Japanese
English

About Employment Rights Law in Yokohama, Japan

Employment Rights in Yokohama, Japan, are governed by a comprehensive set of laws that protect both employees and employers. These rights and obligations are framed by national laws such as the Labor Standards Act, Equal Employment Opportunity Act, and various other statutes and guidelines. Although Yokohama does not have a unique set of employment laws, the application of national laws is administered locally. These regulations encompass a diverse range of issues, including employment contracts, working hours, wages, holidays, termination of employment, and protection against discrimination and harassment in the workplace.

Why You May Need a Lawyer

You may need an employment lawyer if you are faced with situations such as unresolved workplace disputes, wrongful termination, issues related to contracts or non-compliance with labor laws, discrimination or harassment at work, or concerns about occupational safety. A lawyer can also assist with understanding and negotiating employment contracts, especially for expatriates unfamiliar with the local language and legal system. Legal advice is particularly helpful in cases involving complex regulations such as those for overtime pay, parental leave, or disability rights.

Local Laws Overview

The key aspects of laws relevant to Employment Rights in Yokohama include:

  • Employment Contracts: Under the Labor Standards Act, employment contracts must clarify terms including wages, working hours, and job responsibilities.
  • Working Hours: The standard working hours are 8 hours per day and 40 hours per week, with mandated breaks for employees.
  • Overtime and Holidays: Any work beyond standard hours requires additional pay, and employees are entitled to at least one day off per week and national holidays.
  • Minimum Wage: The minimum wage is determined by regional councils and can vary within Japan, so it's important to check the current rate for Yokohama.
  • Termination and Severance: Termination processes are strictly regulated and require valid reasons. Severance pay might be mandated depending on the employment contract and duration of service.
  • Discrimination: Laws such as the Equal Employment Opportunity Act prohibit discrimination based on gender, disability, and other factors.
    • Frequently Asked Questions

      What should I do if I face discrimination at my workplace in Yokohama?

      You should report the issue to your company's HR department first. If it's not resolved, you can seek advice from an employment lawyer or contact the Yokohama Labor Bureau for support.

      Am I entitled to paid sick leave?

      Paid sick leave is not stipulated by the Labor Standards Act, but some companies may offer it as part of their employment policies. Review your employment contract or company handbook for specifics.

      What is the maximum amount of overtime I can be asked to work?

      There are legal limits on overtime which vary depending on agreements between employers, employees, and sometimes unions. Generally, you cannot be forced to work more than 45 hours of overtime a month or 360 hours a year.

      Can my employer terminate my employment without notice?

      In most cases, employers are required to provide at least 30 days' notice or payment in lieu of notice before terminating an employee. There are exceptions under certain circumstances.

      Is my employer required to give me paid vacation?

      Yes, employees in Japan are entitled to paid annual leave after 6 months of continuous service, starting at 10 days per year and increasing with tenure.

      Can I be treated differently in my job because I'm not Japanese?

      The law prohibits discrimination based on nationality, so you should not be treated differently. If you experience differential treatment, it can be a case for legal action.

      What are the rules for maternity and paternity leave in Yokohama?

      Both maternity and paternity leave provisions exist, and employees are entitled to take leave surrounding childbirth. Specific durations and conditions are laid out in labor laws and company policies.

      Are there special employment rules for foreign workers?

      Foreign workers are generally subject to the same employment laws as Japanese workers. However, additional considerations such as visa status and eligibility for certain benefits may apply.

      How can I ensure that my employment contract is fair and legal?

      It is advisable to have your employment contract reviewed by a knowledgeable lawyer before signing, especially if you are unfamiliar with the Japanese legal system.

      What can I do if my employer is not paying the correct wages or overtime?

      You should first discuss the matter internally with your employer or HR department. If the issue persists, you can lodge a claim with the local labor standards office or seek legal assistance.

      Additional Resources

      Key resources for Employment Rights in Yokohama include:

      • The Yokohama Labor Bureau for guidance and dispute resolution.
      • The General Union, which offers support and information for workers, including those from abroad.
      • The Japan Legal Support Center (also known as Houterasu) can provide advice and has assistance programs for those who cannot afford legal fees.

      Next Steps

      If you need legal assistance in Employment Rights, start by consulting with an employment lawyer who is well-versed in Japanese labor laws. If costs are a concern, you can reach out to the Japan Legal Support Center for possible financial assistance. Document all relevant communications and details concerning your situation. Should you face immediate issues, such as discrimination or harassment, get in touch with the Yokohama Labor Bureau right away for advice and intervention.

      Disclaimer:
      The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.