Excerpts from the Labour Standards Law

CHAPTER VI-2. WOMEN

Prohibition of Underground Labour

Article 64-2. An employer shall not make a woman over 18 full years of age work underground; provided, however, that this shall not apply to those engaged in work prescribed by ordinance which is performed underground due to temporary necessity (except those prescribed by ordinance as expectant or nursing mothers, as provided for in paragraph 1 of the following Article.)

Limitations on Dangerous and Harmful Work for Expectant or Nursing Mothers

Article 64-3. An employer shall not make a pregnant woman or a woman who has given birth less than one year previously (hereinafter referred to as “Expectant or Nursing Mother”) engage in work involving the handling of heavy materials, work in places where harmful gas is generated, or other work harmful to pregnancy, childbirth, nursing, etc.

2.		With respect to work among that provided for in the preceding paragraph that is harmful to the functions involved in pregnancy and childbirth, the provisions of the preceding paragraph may be applied by ordinance, mutatis mutandis, to women other than Expectant or Nursing Mothers.
3.		The scope of work provided for in the two preceding paragraphs and scope of persons who, based on these provisions, shall not be made to engage in such work shall be prescribed by ordinance.

Before and after Childbirth

Article 65. In the event that a woman who is expected to give birth within six weeks (fourteen weeks in the case of multiple pregnancies) requests a day off, the employer shall not make such a person work.

2.		An employer shall not make a woman who has given birth less than eight weeks previously work; provided, however, that in the event that a woman who has given birth six weeks previously so requests, the employer may have said woman engage in work that a doctor finds does not present difficulty.
3.		In the event that a pregnant woman so requests, an employer must allow her to change to other light work.

Article 66. Regardless of the provisions of Article 32-2, paragraph 1, Article 32-4, paragraph 1 and Article 32-5, paragraph 1, an employer, in the event an expectant or nursing mother has so requested, shall not have her weekly working hours in excess of those under Article 32, paragraph 1 or daily working hours in excess of those under paragraph 2 of the same Article.

2.		Regardless of the provisions of Article 33, paragraphs 1 and 3, and of Article 36, paragraph 1, an employer, in the event an Expectant or Nursing Mother has so requested, shall not have her work overtime nor work on rest days.
3.		In the event that an Expectant or Nursing Mother so requests, an employer shall not make such woman perform late-night work.

Childcare Periods

Article 67. A woman nursing an infant born less than one year previously may request, in addition to the rest periods provided for in Article 34, two periods per day of at least 30 minutes each in which to nurse the infant.

2.

An employer shall not require such a woman to perform service during the childcare periods provided for in the preceding paragraph.

Measures for Women for Whom Work during Menstrual Periods is Especially Difficult

Article 68. When a woman for whom work during menstrual periods is especially difficult requests leave, the employer shall not make such a person work during her menstrual period.

SUPPLEMENTARY PROVISIONS

Date of Enforcement

Article 1. This Law shall come into force from April 1, 1999. However, the provisions of the following items shall come into force from the dates set forth in said items.

(Items 1 and 2 omitted.)

(For Reference)

Labour Standards Law

Overtime and Holiday Work

Article 36. When an employer has made a written agreement with either a trade union (if there exists a trade union organized by a majority of workers at the workplace) or the person who represents the majority of workers (if no trade union organized by a majority of workers at the workplace exists), and has submitted said agreement to the competent administrative agency, notwithstanding the provisions of Articles 32 through 32-5 and Article 40 concerning the working hours referred to in said articles (referred to hereafter in this article as “Working Hours”) or the provisions of the preceding article concerning the holidays referred to in said article (referred to hereafter in this article as “Holidays”), the employer may extend the Working Hours or require work on Holidays in accordance with the provisions of said agreement. However, Working Hours for underground labour or for other work, as provided by ordinance of the Ministry of Health, Labour and Welfare, which is particularly harmful to the health shall not be extended by more than two hours per day.

2.		In order to ensure that the extension of Working Hours is appropriate, the Ministry of Health, Labour and Welfare may establish standards limiting the extension of Working Hours to be determined by the agreement referred to in the preceding paragraph and providing for other necessary matters, taking into consideration workers' welfare, trends in overtime work, and other circumstances.
3.		An employer and a trade union or representative of the majority of workers who make an agreement provided for in paragraph 1 shall ensure, when determining the extension of Working Hours by said agreement, that the contents of said agreement comply with the standards provided for in the preceding paragraph.
4.		The competent administrative agency may provide necessary advice and guidance concerning the standards provided for in paragraph 2 to an employer and a trade union or representative of the majority of workers who make an agreement provided for in paragraph 1.

Article 133. When establishing the standards provided for in Article 36, paragraph 2, in view of the fact that the provisions of Article 64-2, paragraphs 1 and 2 prior to amendment by the provisions of Article 4 of the Law Concerning the Improvement of Ministry of Labour-Related Laws for the Securing, Etc., of Equal Opportunity and Treatment of Men and Women in Employment (Law No. 92 of 1997) have ceased to apply from April 1, 1999 to those women over 18 full years of age who are not persons prescribed by ordinance as provided for in Article 64-2, paragraph 4 prior to said amendment, the Ministry of Health, Labour and Welfare shall take into consideration the effects that a marked change in working life would have on the domestic life of those persons not prescribed by said ordinance who are raising a child or taking care of a family member (limited to those prescribed by ordinance; referred to hereafter in this article as “Specified Workers”), and when establishing standards limiting the extension of Working Hours to be determined by the agreement referred to in Article 36, paragraph 1, for a period to be prescribed by ordinance, the Minister shall establish
standards for Specified Workers separately from those for other persons and shall provide therein for shorter hours for Specified Workers (limited to those who have notified the employer that their overtime hours shall be short). In such case, the standard limiting the extension of Working Hours shall limit said extension to not more than 150 hours per year.

 

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