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

(Ministry of Labour Notice No. 2 of Jan. 27, 1986)

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

Fringe Benefits

Article 1. The fringe benefits as provided by ordinance of the Ministry of Health, Labour and Welfare referred to in Article 7 of the Law on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (hereinafter referred to as “the Law”) shall be as follows:

	(1)	loans of funds for living expenses, funds for educational expenses, or other funds for the purpose of promoting the worker's welfare;
	(2)	regular payments of monies for the purpose of promoting the worker's welfare;
	(3)	payments of monies for the purpose of asset formation by the worker; and
	(4)	the loan of housing.

Assistance in the Settlement of Disputes

Article 2. The employer's measures as provided by ordinance of the Ministry of Health, Labour and Welfare referred to in Article 12 of the Law shall be as follows:

	(1)	measures concerning the matters provided for in Articles 5, 6, and 8 of the Law; and
	(2)	measures concerning the fringe benefits with regard to which Article 7 of the Law prohibits discriminatory treatment.

Chief Mediation Commissioner

Article 3. The chair of the Disputes Adjustment Commission (hereinafter referred to as the “Commission”) shall nominate one of the mediation commissioners (hereinafter referred to as the “Chief Mediation Commissioner”) to be in charge of and preside over meetings held as authorized under Article 14, paragraph 1 of the Law to mediate a dispute between a women worker and her employer in respect of such employer's measures relating to equal opportunity and treatment between men and women in employment (which meetings are hereinafter referred to as “Equal Opportunity Mediation Conference”).

2.

In the event that the Chief Mediation Commissioner is prevented by unavoidable circumstances from performing his or her duties, a mediation commissioner who has been nominated in advance by the Chief Mediation Commissioner shall serve as his or her deputy.

Equal Opportunity Mediation Conference

Article 4. The Equal Opportunity Mediation Conference shall be convened by the Chief Mediation Commissioner.

2.		The Equal Opportunity Mediation Conference may not be held unless at least two mediation commissioners are present.
3.		The Equal Opportunity Mediation Conference shall not be open to the public.

Administrative Work of the Equal Opportunity Mediation Conference

Article 5. The administrative work of the Equal Opportunity Mediation Conference shall be handled by the Equal Employment Department of the prefectural Labour Bureau at which they are established.

Application for Mediation

Article 6. A party who wishes to apply for mediation as referred to in Article 14, paragraph 1 of the Law (hereinafter referred to as “Mediation”) shall submit a written application for Mediation (according to the format indicated separately) to the Director of the prefectural Labour Bureau having jurisdiction over the location of the business establishment which includes the woman worker who is one of the Parties Concerned in the dispute for which said Mediation is being requested (“the Parties Concerned” refers in this phrase to the woman worker and her employer; the same applies hereinafter).

Decision to Commence Mediation

Article 7.In the event that the director of the prefectural Labour Bureau decides to refer a dispute to the Commission for Mediation, he or she shall notify the chairperson and the Chief Mediation Commissioner to that effect without delay.

2.

The director of the prefectural Labour Bureau shall notify, in writing and without delay, both of the Parties Concerned upon deciding to refer a dispute to the Commission for Mediation, and the party or parties of the Parties Concerned who applied for Mediation upon deciding not to refer a dispute to the Commission for Mediation.

Hearing of Circumstances from the Parties Concerned, Etc.

Article 8. When the Commission finds it necessary in order to investigate the facts of a case, it may request the attendance of the Parties Concerned (in the case of a party which is a juridical person, a person or persons designated by the Commission).

2.		A person whose attendance is requested as provided for in the preceding paragraph shall appear in person before the Equal Opportunity Mediation Conference. At this time the said person may, with the Chief Mediation Commissioner's permission, be accompanied by an advisor.
3.		The advisor may, with the Chief Mediation Commissioner's permission, make a statement.
4.		The Parties Concerned and the person(s) designated by the Commission as provided for in paragraph 1 may, with the Chief Mediation Commissioner's permission, give their views on the case in question. At this time, they may, with the Chief Mediation Commissioner's permission, be represented by other persons.
5.		A person who wishes to obtain the Chief Mediation Commissioner's permission to be represented by another person as provided for in the preceding paragraph shall submit the name, address, and occupation of the desired representative in writing to the Chief Mediation Commissioner, together with a document which certifies that the right of representation has been granted.

Submission of Documents, Etc.

Article 9. When the Commission finds it necessary in order to investigate the facts of the case in question, it may request the Parties Concerned to submit documents or articles related to said case.

Investigation of Facts, Etc.

Article 10. When the Commission finds it necessary, it may request a particular mediation commissioner or other person to investigate the facts of the case in question.

Nomination of Representative(s) by Related Workers' or Employers' Organizations

Article 11. When the Commission finds it necessary to hear the views of representatives as provided for in Article 16 of the Law, it shall request the main organization(s) of workers or employers in the jurisdictional area of the prefectural Labour Bureau where said Commission is established to nominate the representative(s) of the worker(s) concerned or the representative(s) of the employer(s) concerned by a given date.

2.

Upon receiving a request as referred to in the preceding paragraph, the said workers' organization(s) or employers' organization(s) shall notify the Commission of the name(s) and address(es) of the person(s) who are to present its views on the case in question.

Recommendation of Acceptance of a Mediation Proposal

Article 12. Preparation of a proposal for Mediation shall be by unanimous agreement of all the mediation commissioners.

2.		When the Commission recommends acceptance of a proposal for Mediation, it shall make said recommendation to both of the Parties Concerned, specifying a date by which they should accept.
3.		In the event that the Parties Concerned accept the proposal for Mediation, they shall submit to the Commission (a statement or statements) in writing to that effect with their names and seals affixed.

Discontinuation of Mediation

Article 13. The Commission may discontinue Mediation when it finds that it is not appropriate to continue therewith.

2.

When the Commission has discontinued Mediation as provided for in the preceding paragraph, it shall notify both of the Parties Concerned to that effect, stating the reason.

Measures Provided for in Article 22 of the Law

Article 14. Employers shall take the following measures in order to enable the women workers they employ to secure the necessary time to receive health guidance and medical examinations.

(1) When a woman worker it employs is pregnant, the employer shall take measures enabling her to secure the said necessary time once per the number of weeks shown in the right-hand column of the table below for the applicable number of weeks of pregnancy shown in the left-hand column of the table. However, in the event that a doctor or midwife gives different instructions, the employer shall take measures enabling her to secure the said necessary time in accordance with said instructions. Weeks of Pregnancy Period Up to and including 23 weeks 4 weeks From 24 weeks to 35 weeks 2 weeks From 36 weeks to delivery 1 week (2) When a woman worker it employs is within one year after giving birth, if a doctor or midwife instructs her to receive health guidance or a medical examination, the employer shall take measures enabling her to secure the said necessary time according to said instructions.

Measures for Women Workers Engaged in Late-Night Work

Article 15. In order to enable women workers to engage in a full working life, for the time being, when an employer requires a woman worker to engage in late-night work, the employer shall endeavor to take the necessary measures to secure said woman worker's safety while traveling to and from the workplace and during the performance of her work.

Delegation of Authority

Article 16. The authority of the Minister of Health, Labour and Welfare provided for in Article 25, paragraph 1 of the Law, except where it concerns cases that the Minister finds to be of national importance, shall be vested in the Director of the prefectural Labour Bureau that has jurisdiction over the location of the business establishment of the employer.

SUPPLEMENTARY PROVISIONS (SUMMARY)

This ordinance shall enter into force on April 1, 1986.

 

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