Law on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment

CHAPTER II. SECURING OF EQUAL OPPORTUNITY AND TREATMENT BETWEEN MEN AND WOMEN IN EMPLOYMENT

Section I. Prohibition of Discrimination against Women Workers, Etc.

Recruitment and Hiring

Article 5.With regard to the recruitment and hiring of workers, employers shall provide women equal opportunity with men.

Assignment, Promotion, and Training

Article 6. With regard to the assignment, promotion, and training of workers, employers shall not discriminate against a woman worker as compared with a man by reason of her being a woman.

Fringe Benefits

Article 7. With regard to loans for housing and other similar fringe benefits as provided by ordinance of the Ministry of Health, Labour and Welfare, employers shall not discriminate against a woman worker as compared with a man by reason of her being a woman.

Mandatory Retirement Age, Retirement, and Dismissal

Article 8.With regard to the mandatory retirement age and dismissal of workers, employers shall not discriminate against a woman worker as compared with a man by reason of her being a woman.

2.		Employers shall not stipulate marriage, pregnancy or childbirth as a reason for retirement of women workers.
3.		Employers shall not dismiss a woman worker by reason of marriage, pregnancy or childbirth, or for having taken a leave as stipulated in Article 65, paragraph 1 or 2, of the Labour Standards Law (Law No. 49 of 1947).

Exception Relating to Measures Associated with Women Workers

Article 9. The provisions of Articles 5 through 8 above shall not prevent employers from taking measures in connection with women workers with the purpose of improving circumstances that impede the securing of equal opportunity and treatment between men and women in employment.

Guidelines

Article 10. The Minister of Health, Labour and Welfare shall formulate guidelines that are necessary for the purpose of employers dealing appropriately with the matters provided for in Articles 5 and 6 (referred to as “Guidelines” in the following paragraph).

2.

The provisions of Article 4, paragraphs 4 and 5, shall apply mutatis mutandis to the formulation and amendment of the Guidelines. In these cases, the phrase “shall consult the Labour Policy Council and request the opinions of the prefectural governors” contained in Article 4, paragraph 4 shall be read as “shall consult the Labour Policy Council.”

Voluntary Settlement of Complaints

Article 11. Employers shall, when a complaint is submitted by a woman worker concerning a matter stipulated in Articles 6 to 8, endeavor to achieve a voluntary settlement by such means as referring said complaint to a grievance body (which is a body for resolving complaints from the workers of the establishment, composed of representatives of the employer and representatives of the workers of the establishment concerned).

Exception Relating to Promotion of the Settlement of Disputes

Article 12. The provisions of Article 4, Article 5, and Articles 12 through 19 of the Law on Promoting the Resolution of Individual Labour Disputes (Law No. 112 of 2001) shall not apply to a dispute between a woman worker and an employer in respect of such employer's measures relating to equal opportunity and treatment between men and women in employment, as provided by ordinance of the Ministry of Health, Labour and Welfare. Instead, said dispute shall be subject to the provisions of Articles 13 through 19 below.

Assistance in the Settlement of Disputes

Article 13. The Director of the prefectural Labour Bureau may, when asked by one or both of the parties to a dispute provided for in the preceding Article for assistance to settle said dispute, give any necessary advice or guidance or make any necessary recommendation to the parties to said dispute.

2.

Employers shall not dismiss or otherwise treat a woman worker disadvantageously by reason of said woman worker requesting the assistance provided for in the preceding paragraph.

Section II. Mediation

Referral for Mediation

Article 14. The Director of the prefectural Labour Bureau shall refer to the Disputes Adjustment Commission provided for in Article 6, paragraph 1 of the Law on Promoting the Resolution of Individual Labour Disputes (hereinafter referrred to as the “Commission”) for mediation a dispute provided for in Article 12 (except for a dispute on matters provided for in Article 5) when either one or both of the parties to said dispute (hereinafter referred to as the “Parties Concerned”) apply for mediation and the Director considers mediation necessary to settle said dispute.

2.

The provisions of paragraph 2 of the preceding Article shall apply mutatis mutandis to the case in which a woman worker applies for mediation as provided for in the preceding paragraph.

Mediation

Article 15. The mediation provided for in paragraph 1 of the preceding Article (hereinafter referred to in this section as “Mediation”) shall be conducted by three mediation commissioners.

2.

The mediation commissioners shall be nominated in advance by the Commission chair from among its members.

Article 16. When, based upon the application of the Parties Concerned, the Commission finds it necessary, it shall hear the views on the case in question of the representative(s) of the worker(s) concerned or the representative(s) of the employer(s) concerned who is/are nominated by the main organizations of workers or employers in the jurisdictional area of the prefectural Labour Bureau where said Commission is established.

Article 17. The Commission may prepare a proposal for Mediation and recommend its acceptance to the Parties Concerned.

Article 18. The Commission may, when it finds it necessary in order to resolve a case pending before said Commission, ask governmental agencies concerned for necessary cooperation such as the provision of data.

Regulation by Ordinance of the Ministry of Health, Labour and Welfare

Article 19. Necessary matters concerning the procedures for Mediation other than those provided for in this section shall be provided for by ordinance of the Ministry of Health, Labour and Welfare.

Section III. Governmental Support for Measures to be Taken by Employers

Article 20. In the event that employers, in order to promote the securing of equal opportunity and treatment between men and women in employment, take or seek to take any of the following measures with the purpose of improving the circumstances preventing the securing of equal opportunity and treatment between men and women in employment, the State may give consultation and other assistance to said employers.

 

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