Labour Standards Law
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Labour Standards Law



                         Contents
Chapter I.      General Provisions (Articles 1 - 12)
Chapter II.     Labour Contract (Articles 13-23)
Chapter III.    Wages (Articles 24-31)
Chapter IV.     Working Hours, Rest Periods, Rest Days and Annual
                Leave with Pay (Articles S2-41)
Chapter V.      Safety and Health (Articles 42 - 55)
Chapter VI.     Minors (Articles 56-64)
Chapter VI-II.  Women (Articles 64-2 - 68)
Chapter vll.    Training of Skilled Labourers (Articles 69-74)
Chapter VIII.   Accident Compensation (Articles 75 - 88)
Chapter IX.     Rules of Employment (Articles 89 - 93)
Chapter X.      Dormitories (Articles 94-96-3)
Chapter XI.     Inspection Bodies (Articles 97 - 105)
Chapter X11.    Miscellaneous Provisions (Articles 105-2- 116)
Chapter XIII.   Penal Provisions (Articles 117-121)
Supplementary Provisions

 


                 Chapter I. General Provisions Go Contents

(Principle of Working Conditions)
  Article 1. Working conditions shall be those which should meet the
needs of workers who live lives worthy of human beings.
  2. The standards for working conditions fixed by this Law are mini-
mum standards. Accordingly, parties to labour relations shall not reduce
working conditions with these standards as an excuse and, instead,
should endeavour to raise the working conditions.

(Determination of Working Conditions)
  Article 2. Working conditions should be determined by the workers
and employers on an equal basis.
  2. The workers and employers shall abide by collective agreements,
rules of employment and labour contracts, and shall discharge their re-
spective duties faithfully.

(Equal Treatment)
  Article 3. An employer shall not engage in discriminatory treatment
with respect to wages, working hours or other working conditions by
reason of the nationality, creed or social status of any worker.

(Principle of Equal Wages for Men and Women)
  Article 4. An employer shall not engage in discriminatory treatment of
a woman as compared with a man with respect to wages by reason of the
worker being a woman.

.......... Omitted.

                 Chapter II.      Labour Contract Go Contents

(Contract Violating This Law)
Article 13. A labour contract which provides for working conditions
which do not meet the standards of this Law shall be invalid with respect
to such portions. In such a case the portions which have become invalid
shall be governed by the standards set forth in this Law.

(Period of Contract)
Article 14. Labour contracts, excluding those without a definite period,
and excepting those providing that the period shall be the period neces-
sary for completion of a specified project, shall not be concluded for a
period longer than one year.

(Clear Statement of Working Conditions)
Article 15. In concluding a labour contract, the employer shall clearly
state the wages, working hours and other working conditions to the
worker. In this case matters concerning wages shall be clearly stated in
the manner prescribed by ordinance.
2. In the event that the working conditions as clearly stated under the
provisions of the preceding paragraph differ from actual fact, the worker
may immediately cancel the labour contract.
3. In a case under the preceding paragraph, in the event a worker who
has changed his or her residence for the work returns home within 14
days from the date of cancellation, the employer shall bear the necessary
travelling expenses for the worker.

(Ban on Predetermined Indemnity)
Article 16. An employer shall not make a contract which fixes in ad-
vance either a sum payable to the employer for breach or contract or an
amount of indemnity for damages.

(Ban on Offsets Against Advances)
Article 17. An employer shall not offset wages against advances of
money or advances of other credits made as a condition for work.

(Compulsory Savings)
Article 18. An employer shall not require a contract for savings or
make a contract to take charge of savings incidental to the labour con-
tract.
................ Omitted.

  (Restrictions on Dismissal of Workers)
  Article  19. An  employer  shall  not  dismiss a worker during a period of
rest for medical treatment with respect to injuries of illnesses suffered in
the  course  of  duty nor within 30 days thereafter, and shall not discharge
a  woman  during  a period of rest before and after childbirth in accordance
with  the  provisions of Article 65 nor within 30 days thereafter; provided,
however,  that  this  shall  not  apply  in the event that the employer pays
compensation  for  termination  in  accordance  with Article 81 nor when the
continuance  of  the  enterprise  has  been  made  impossible  by  a natural
disaster or other unavoiisbie cause.
  2. In  the event of a circumstance under the latter part of the proviso of
the  preceding  paragraph,  the  employer  shall  obtain the approval of the
administrative office with respect to the reason in question.

  (Notice of Dismissal)
 Article  20. In  the  event  that  an  employer wishes to dismiss a worker,
the  employer  shall  provide  at  least 30 days advance notice. An employer
who  does  not  give  30 days advance notice shall pay the average wages for
a period of not less than 30 days. However, that this shall not apply in the
event  that  the  continuance  of the enterprise has been made impossible by
a  natural  disaster  or  other  unavoidable  cause  nor  when the worker is
dismissed for reasons attributable to the worker.
 2. The  number  of  days  of  notice  under  the preceding paragraph may be
reduced  in  the  event  the  employer pays the average wage for each day by
which the period is reduced.
 3. The  provisions  of  the  paragraph  2  of preceding article shall apply
correspondingly to a case under the proviso to paragraph 1.

 Article  21. The  provisions  of  the  preceding article shall not apply to
any  worker  coming  under  one  of  the following items; provided, however,
that  this  shall not be the case with respect to a worker coming under Item
1   who  has  been  employed  consecutively  for  more  than  one  month,  a
worker  coming  under  either  Item  2  or  Item  3  who  has  been employed
consecutively  for  more than the period set forth in each such item respec-
tively,  nor  a  worker  coming  under  Item  4  who  has been employed con-
secutively for more than 14 days:
(19 Workers who are employed on a daily basis
(2) Workers  who  are  employed  for  a  fixed  period  not  longer than two
   months
(3) Workers  who  are  employed  in  seasonal  work  for  a fixed period not
   longer than four months
(4) Workers in a probationary period

........................... Omitted.

  (Return of Money and Other Valuables)
  Article  23. Upon  a  worker's  death  or  leaving  of  employment, in the
event  of  a request by one having the right thereto, the employer shall pay
the  wages  and  return  the  reserves,  security deposits, savings, and any
other  funds  and  valuables  to  which  the  worker is rightfully entitled,
regardless  of  the  name  by  which such funds and valuables may be called,
within 7 days.
  2. In  the  event  there  is  a  dispute  over the wages and Jor funds and
valuables  referred  to  in  the preceding paragraph, the employer shall pay
and/or  return  any  undisputed  portions  within  the period referred to in
the preceding paragraph.

                           Chapter III. Wages Go Contents

(Payment of Wages)
Article 24. Wages must be paid in cash and in full directly to the work-
ers;  however, that payment other than in cash may be permitted in cases
otherwise provided for by law or ordinance or collective agreement or in
cases  where  a reliable method of payment of wages defined by ordinance
is  provided  for;  and  artial deduction from wages may be  ermitted in
cases otherwise provided for by law or ordinance or in cases where there
exists a written agreement with a trade union organized by a majority of
the workers at the workplace, where such a union exists, or with a person
representing a majority of the workers, where no such union exists.
  2. Wages must be paid at least once a month at a definite date. However,
this does not apply to extraordinary wages, bonuses, and the like which
will be defined by Ordinance.

  (Emergency Payments)
  Article 25. In the event a worker requests the payment of wages to
cover emergency expenses for childbirth, illness, accident, or other emer-
gency as set forth by ordinance, the employer shall pay accrued wages
prior to the normal date for payment.

  (AIIowance for Business Suspension)
  Article 26. In the event of a suspension of business for reasons attribut-
able to the employer, the employer shall pay an allowance equal to at
least 60 percent of the worker's average wage to each worker concerned
during the period of business suspension.
 
.................... Omitted.

  (Minimum Wages)
  Article 28. Minimum standards for wages shall be in accordance with
the provisions of the Minimum Wages Law (Law rio. 137 of 1959).
  Articles 29 to 31. Deleted.

          Chapter IV. Working Hours, Rest Periods,
            Rest Days, and Annual Leave with Pay Go Contents

(Working Hours)
Article  32. An  employer  shall  not  have  a  worker  work  more than 40
hours per week, excluding rest periods.
2. An  employer  shall  not  have  a  worker  work  more  than 8 hours per
day for each day of the week, excluding rest periods.

...................... Omitted.

(Rest Periods)
Article  34. An  employer  shall  provide  rest  periods  during  working
hours  of  at least 45 minutes in the event that working hours exceed six
hours  and  of  at  least one hour in the event that working hours exceed
eight hours.
2. The  rest  periods  under the preceding paragraph shall be provided to
all  workers at the same time; however, this shall not be required in the
event that permission has been obtained from the administrative office.
3. An  employer  shall  permit  the  free use of rest periods under para-
graph 1.

(Rest Days)
Article  35. An  employer shall provide workers at least one rest day per
week.
2. The  provisions  of  the  preceding  paragraph  shall  not apply to an
employer  who provides at least four rest days during a four week period.

(Overtime Work and Work on Rest Days)
Article  36. In  the  event that the employer has entered a written agree-
ment  with  either a trade union organized by a majority of the workers at
the  workplace  concerned where such a trade union exists or with a person
representing  a  majority  of the workers where no such trade union exists
and  has filed such agreement with the administrative office, the employer
may,  in  accordance with the provisions of such agreement, and regardless
of  the provisions of Articles 32 through 32-5 and Article 40 with respect
to  working  hours  (hereinafter  in  this Article referred to as "working
hours") and  the  provisions of the preceding Article with respect to rest
days  (hereinafter in this Article referred to as "rest days"), extend the
working  hours  or  have  workers  work  on  rest  days; however, that the
extension  in  working  hours  for  underground work and other work speci-
fied  by  ordinance as especially injurious to health shall not exceed two
hours per day.

(Increased   Wages  for  Overtime  Work,  Work  on  Rest  Days  and  Night
Work)
Article  37. In  the  event  that an employer extends working hours or has
a worker work on rest days pursuant to the provisions of Article 33 or the
preceding  Article,  the  employer shall pay increased wages for work dur-
ing such hours or on such days at a rate no lower than the rate stipulated
by  order  within the range of no less than 25 percent and no more than 50
percent over the normal wage per working hour or working day.
2. The  order  under  the  preceding  paragraph  shall  be set taking into
consideration  the  welfare  of  workers, developments as regards overtime
work and work on rest days, and any other relevant factors.
3. In  the  event  that  an  employer  has a worker work during the period
between  le  p.m. and 5 a.m. (or the period between 11 p.m. and 6 a.m., in
case  the minister of Labour admits necessity of application for a certain
area  or  time  of  the  year), the employer shall pay increased wages for
work  during  such  hours at a rate no lower than 25 percent over the nor-
mal wage per working hour.
4. Family  allowances,  commutation  allowances,  and  other  elements  of
wages  as  stipulated  b~ order shall not add to the base wages of the in-
creased wages of Paragraph 1 and the preceding paragraph.

............. Omitted.

  (Annual Leave With Pay)
 Article  39. An  employer  shall  grant annual leave with pay of ten work-
ing  days, either consecutive or divided into portions, to workers who have
been  employed  continuously  for  six  months  calculated  from the day of
their  being  hired  and  who have reported for work on at least 80 percent
of the total working days.
2. For workers who have been employed continuously for at least one
year and a half, an employer shall grant one day of annual leave with pay
in addition to the number of days stipulated in the preceding paragraph
for each additional year of continuous service from the day of their serv-
ing continuously for six months (only those years in which the worker
has reported for work on at least 80 percent of the total working days).
However, that if the total number of days of annual leave with pay would
exceed 20 days, the employer is not required to grant annual leave with
pay for such excess days.

......... Omitted.
 
                  Chapter V. Safety and Health Go Contents

  Article 42. Matters concerning the safety and health of workers shall
be as provided for by the Industrial Safety and Health Law (Law flo. 57
of 1972).
  Articles 43 to 55. Deleted.

                          Chapter VI. Minors Go Contents

.......... Omitted.

                      Chapter VI-II. Women Go Contents

(Working Hours and Rest Days)
Article  64-2. An  employer  shall  not  have  women  over  18 full years of
age  engaged  in  enterprises  under  Items  1  through  5 of Article 8 work
more  than  6  hours  of  overtime  work  per week or more than 150 hours of
overtime  work  per  year,  or  work  on  rest  days, even if pursuant to an
agreement  under  Article  36;  however,  in case of that where such workers
are engaged in preparation of asset lists, balance sheets or profit and loss
statements,  and/or  other  calculation or preparation of documents or simi-
lar  work  necessary  for  the  settlement  of  accounts,  the employer may,
regardless  of  the  limit  of six hours per week, have such workers perform
overtime work of no more than 12 hours during a two-week period.
2. With  respect  to  women  over  18  full  years  of age engaged in enter-
prises  other  than  those  under the preceding paragraph, an employer, even
if  pursuant  to  an  agreement  under  Article  36, shall not have overtime
work for a period measured in weeks - as established by ordinance but
not to exceed a four-week period-in excess of the number of hours de-
rived by multiplying the number of hours established by ordinance,
which shall be no fewer than 6 hours nor greater than 12 hours, by the
number of weeks in such period; shall not have overtime work for a one
-year period in excess of the number of hours established by ordinance,
which shall be no fewer than 150 hours nor greater than 300 hours; and
shall not have work on rest days during a four-week period in excess of
the number of rest days established by ordinance.
  3. The ordinance or ordinances under the preceding paragraph shall be
established with due consideration for the degree of physical labour in-
volved in work in undertakings under that paragraph, the circumstances
of work at such undertakings and similar factors, and in accordance with
the type of undertaking, within limits which do not impair the health or
welfare of women.
  4. The provisions of paragraphs 1 and 2 shall not apply to persons over
18 full years of age, as specified by ordinance, who are in positions involv-
ing the ordering and directing of the performance of work by workers or
who are engaged in work which requires professional knowledge or skills.


  (Night Work)
Article 64-3. An employer shall not employ women over 18 full years
of age between the hours of 10 p.m. and 5 a.m. ; however, this shall not
apply to persons coming under any of the following items:
(1)Persons engaged in enterprises under Article 8, Items 6, 7, 13, or 14 or
   in telephone enterprises
(2)Persons engaged in work, as specified by ordinance, which is not
   injurious to the health and welfare of women
(3)Persons specified by the ordinance stipulated in paragraph 4 of the
   preceding Article
(4)Persons engaged in work specified by ordinance as requiring night
   work because of the nature of the work, such as the manufacturing or
   processing of foodstuffs which would quickly deteriorate in quality
   (This shall be limited to persons whose daily working hours are no
   greater than the number of hours specified by ordinance as being
   considerably lower than the number of working hours normally
   worked by ordinary workers.)
(5) Workers who have applied to the employer to engage in night work
    (limited to persons engaged in undertakings specified by ordinance),
    and with respect to whom the employer has obtained the approval of
    the administrative office, as provided for by ordinance, based upon
    such application
 2. The provisions of paragraphs 2 and 3 of Article 61 shall apply
correspondingly to night work of women over 18 full years of age. In such
case, the phrase "the preceding paragraph" in paragraph 2 of that Article
and the phrase "paragraph 1" in paragraph 3 of that Article shall both be
read as "paragraph 1 of Article 64-3."
  3. The provisions of the two preceding paragraphs shall not apply with
respect to cases in which the working hours are extended and/or workers
are required to work on rest days pursuant to the provisions of Article 33,
paragraph 1.

  (Ban on Underground Labour)
Article 64-4. An employer shall not have women over 18 full years of
age work underground; however, this shall not apply to those engaged in
work specified by ordinance which is performed underground due to
temporary necessity (excluding those specified by ordinance as expec-
tant and nursing mothers, as provided in paragraph lof the following
Article).

  (Limitations on Dangerous and Injurious Work for Expectant and
  Nursing Mothers)
Article 64-5. An employer shall not employ pregnant women or
women within one year after childbirth (hereinafter referred to as "expec-
tant and nursing mothers") in the handling of heavy materials, work in
places where harmful gas is generated, or other work injurious to preg-
nancy, childbirth, nursing and the like.
  2. With respect to work injurious to the functions involved in preg-
nancy and childbirth, the provisions of the preceding paragraph may be
applied correspondingly by ordinance to women other than expectant
and nursing mothers.
  3. The scope of work under the preceding paragraphs and the scope of
persons who shall not be employed in such work shall be specified by
ordinance.

  (Before and After Childbirth)
Article 65. In the event a woman who is expected to give birth within
six weeks (or within ten weeks in the case of twins or greater) requests
rest days, the employer shall not employ such person.
  2. An employer shall not employ a woman within eight weeks after
childbirth; however, this shall not prevent an employer from employing a
woman who has requested after six weeks have passed since childbirth, in
duties which a doctor has recognized would not adversely affect her.
  3. In the event a pregnant woman has requested, an employer shall
transfer her to other light duties.

  Article 66. Regardless of the provisions of Article 32-2, Article 32-4,
paragraph 1 and Article 32-5, paragraph 1, an employer, in the event an
expectant or nursing mother has requested, shall not have her work
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, an employer, in the event an expectant or nursing mother has
requested, shall not have her work overtime nor work on rest days.
  3. Regardless of the provisions of the proviso to Article 64-3, paragraph
1, an employer, in the event an expectant or nursing mother has re-
quested, shall not have her work at night.

  (Time for Childcare)
  Article 67. A woman raising an infant under the age of one full year
may request time to raise the infant of at least thirty minutes, twice a day,
in addition to the rest periods under Article 34.
  2. The employer shall not employ such woman during the childcare
time under the preceding paragraph.

  (Measures for Women for Whom Work During Wenstrual Periods
  Would Be Especially Difficult)
Article 68. When a woman for whom work during menstrual periods
would be especially difficult has requested leave, the employer shall not
employ such woman on days of the menstrual period.

           Chapter VII. Training of Skilled Labourers Go Contents
..................... Omitted.

           Chapter VIII. Accident Compensation Go Contents

(Medical Compensation)
Article  75. In  the  event  a  worker suffers an injury or illness in the
course  of duty, the employer shall furnish necessary medical treatment at
its expense or shall bear the expense for necessary medical treatment.
2. The  scope  of  illness  in the course of duty and of medical treatment
under  the  provisions  of the preceding paragraph shall be established by
ordinance.

(Compensation for Lost Time)
Article  76. In  the  event  a  worker  does not receive wages because the
worker  is  unable  to  work  by reason of the medical treatment under the
provisions  of  the  preceding  paragraph, the employer shall provide com-
pensation  for lost time at the rate of 60 percent of the worker's average
wage.
2. In  the  event  that  the average per capita monthly amount of ordinary
wages  payable  in  the  period  of  January  through March, April through
June,  July  through  September,  or  October  through  December,  respec-
tively (any such period being referred to hereinafter as a "quarter"), for
the  prescribed  number  of  working  hours for a worker at the same work-
place  and  engaged  in  the  same  type  of  work as the worker receiving
compensation  for lost time under the preceding paragraph (or, for a work-
place   ordinarily  employing  under  100  workers,  the  average  monthly
amount  during  the  quarter  per  worker of compensation paid every month
in  the  industry  to  which  that  workplace  belongs,  under the Monthly
Labour   Survey   compiled   by   the   Ministry  of  Labour;  hereinafter
whichever  amount  applies  shall  be  referred to as the average compensa-
tion   amount) shall   exceed  120  percent  of  the  average  compensation
amount  during  the  quarter  in  which the worker in question suffered the
injury  or  illness or shall fall below 80 percent of that same amount, the
employer  shall  adjust  the  amount of compensation for lost time which is
payable  to  the  worker  in  question  in accordance with such rate of in-
crease  or  dicrease  in  the second quarter following the quarter in which
the  average  compensation  amount  so  exceeded or fell below the original
amount;  and  the  employer  shall  make compensation for lost time in such
revised  amount  from  the first month of the quarter in which such adjust-
ment  takes  effect.  Thereafter,  adjustment  to  the  previously adjusted
amount  of  compensation  for  lost  time shall be made in the same manner.
  3. Necessary  matters  regarding  the  method  of  adjustment  and  other
particulars  of  the  provisions of the preceding paragraph, where it would
be difficult to follow those provisions, shall be established by ordinance.

  (Compensation for Handicaps)
  Article  77. For  a  worker  who has suffered an injury or illness in the
course  of  duty  and  who  remains  physically handicapped after recovery,
the  employer  shall,  in accordance with the degree of such handicap, pro-
vide  compensation  for  the  handicap  in  the amount determined by multi-
plying  the  average  wage  by  the  number  of  days set forth in Attached
Table No. 1.

  (Exceptions to Compensation for Lost Time and for Handicaps)
 Article  78. In  the event that a worker suffered injury or illness in the
course  of  duty  as  a  result  of  grave negligence, and the emplayer has
received  acknowledgment  of  such  negligence  by  the administrative of -
fice,  the  employer  is not obligated to pay compensation for lost time or
compensation for handicaps.

  (Compensation for Heirs)
 Article  79. In  the  event  a  worker has died in the course of duty, the
employer  shall  pay  compensation  to the bereaved family in the amount of
the average wage for 1,000 days.

  (Funeral Expenses)
 Article  80. In  the  event  a  worker has died in the course of duty, the
employer  shall  pay  the  equivalent  of  the  average wage for 60 days as
funeral expenses to the person handling the funeral rites.
........................ Omitted.

Article 83. The right to receive compensation shall not be affected by
the resignation of the worker.
2. The right to receive compensation shall not be transferred or placed
under attachment.
.................... Omitted.


               Chapter IX. Rules of Employment Go Contents

(Responsibility for Drawing up and Submitting)
Article 89. An employer who continuously employs ten or more work-
ers shall draw up rules of employment on the following items and shall
submit those rules of employment to the administrative office. In the
event the employer alters the following items, the same shall apply:
(1) Matters pertaining to the time at which work begins and at which
  work ends, rest periods, rest days, leaves, and matters pertaining to
  the change in shifts when workers are employed in two or more
    shifts
(2)Matters pertaining to the methods for determination, computation
   and payment of wages (excluding extraordinary wages and the like;
   hereinafter in this item the same qualification shall apply); the dates
   for closing accounts for wages and for payment of wages; and in-
   creases in wages
(3) Matters pertaining to retirement
(S-2) In the event there are stipulations for retirement allowances,
    matters pertaining to the scope of workers covered; methods for
    determination, computation, and payment of retirement allowances;
    and the dates for payment of retirement allowances
(4) In the event there are stipulations for extraordinary wages and the
    like (but excluding retirement allowances) and/or minimum wage
    amounts, matters pertaining to such items
(5) In the event there are stipulations for having workers bear the cost of
    food, supplies for work, and other such expenses, matters pertaining
    to such items
(6) In the event there are stipulations concerning safety and health,
    matters pertaining to such items
(7)In the event there are stipulations concerning vocational training,
   matters pertaining to such item
E8) In the event there are stipulations concerning accident compensation
    and/or assistance for injury or illness outside the course of employ-
    ment, matters pertaining to such items
(9)In the event there are stipulations concerning commendations and
   /or sanctions, matters pertaining to that kind and limit
ag)In the event there are stipulations applicable to all workers at the
   workplace in question on matters other than those contained in the
   preceding items, matters pertaining to such other items
 2. When the employer deems it necessary, the employer may establish
separate regulations respectively concerning wages (other than retire-
ment allowances), retirement allowances, safety and health, or accident
compensation and/or assistance for injury or illness outside the course of
employment.

 (Procedures for Drawing UP)
 Article 90. In drawing up or changing the rules of employment, the
employer shall ask the opinion of either a trade union organized by a
majority of the workers at the workplace concerned where such a trade
union exists or a person representing a majority of the workers where no
such trade union exists.
 2. In submitting the rules of employment in accordance with the provi-
sions of paragraph 1 of the preceding Article, the employer shall attach a
document setting forth the opinion referred to in the preceding para-
graph.

  (Restrictions on Sanction Provisions)
  Article 91. In the event the rules of employment provide for a decrease
in wages as a sanction to a worker, the amount of decrease for a single
occasion shall not exceed 50 percent of the daily average wage, and also
the total amount of decrease shall not exceed 10 percent of the total
wages for a single pay period.

  (Relation to Laws and Ordinances and to Collective Agreements)
  Article 92. The rules of employment shall not infringe any laws and
ordinances or any collective agreement applicable to the workplace con-
cerned.
  2. The administrative office may order the revision of rules of employ-
ment which conflict with laws and ordinances or with collective agree-
ments.

  (Validity)
  Article 93. Labour contracts which stipulate working conditions infe-
rior to the standards established by the rules of employment shall be
invalid with respect to such portions. In such a case the portions which
have become invalid shall be governed by the standards established by
the rules of employment.

                    Chapter X. Dormitories Go Contents

................... Omitted.

               Chapter XI. Inspection Bodies Go Contents

(Inspection Organization)
Article   97. In   order   to   enforce  this  Law,  a  Labour  Standards
Management  Bureau  (an  internal  bureau,  within the competent Ministry
for  labour,  responsible  for matters relating to working conditions and
protection of workers; the same applies hereinafter) shall be established
within  the competent Ministry for labour, a Prefectural Labour Standards
Office  shall  be  established in each prefecture, and a Labour Standards
Inspection  Office shall be established within the jurisdictional area of
each prefecture.
2. In  the  event  the  competent  Minister  for  labour deems necessary,
Regional  Labour  Offices  with jurisdiction over a number of Prefectural
Labour Standards Offices may be established.
3. Regional  Labour  Offices,  Prefectural  Labour Standards Offices, and
Labour Standards Inspection Offices shall be under the direct supervision
of the competent Minister for labour.
4. The  location,  names, and jurisdictional areas of the Regional Labour
Offices,  Prefectural  Labour  Standards  Offices,  and  Labour Standards
Inspection Offices shall be established by ordinance.

............ Omitted.

(Authority of Labour Standards Inspectors)
Article   101. Labour   standards  inspectors  are  authorized  to  inspect
workplaces,  dormitories,  and  other  associated  buildings; to demand the
production  of  books  and  records;  and to conduct questioning of employ-
ers and workers.
2. In  cases  under  the  preceding  paragraph, labour standards inspectors
shall carry identification proving their status.

Article  102. With  respect  to  a  violation of this Law, labour standards
inspectors  shall exercise the duties of judicial police officers under the
Criminal Procedure Law.

Article  103. In  the  event that a dormitory of an enterprise that employs
workers is in violation of standards established with respect to safety and
health  and  there  is  imminent  danger to workers, a labour standards in-
spector  may  immediately  exercise the powers of the administrative office
under the provisions of Article 96-3.

(Report to Inspection Body)
Article  104. In  the  event  a  violation  of  this Law or of an ordinance
issued  pursuant  to  this  Law  exists at a workplace, a worker may report
such  fact to the administrative office or to a labour standards inspector.
2. An  employer  shall  not  dismiss  a  worker  or shall not give a worker
other   disadvantageous   treatment  by  reason  of  such  worker's  having
made a report under the preceding paragraph.

(Reports etc.)
Article  104-2. In  the  event that the administrative office deems it nec-
essary  to  enforce  this  law,  the  administrative office may have an em-
ployer  or  a  worker  submit a report on the necessary matters or order an
employer or a worker to report in person as stipulated by ordinance.
  2. In the event that a labour standards inspecter deems it necessary to
enforce  this  law, the inspector may have an employer or a worker submit
a  report  on  the  necessary matters or order an employer or a worker to
report in person.

  (Duties of Labour Standards Inspectors)
  Article  105. A  labour  standards  inspector  shall not reveal secrets
learned in the course of duty. The same shall apply even after the labour
standards inspector has retired from office.

                       Chapter XII. Miscellaneous Provisions Go Contents
................ Omitted.

(Prescription)
Article  115. Claims  for wages (excluding retirement allowances), acci-
dent  compensation  and  other  claims  under the provisions of this Law
shall lapse by prescription if not made within two years; and claims for
retirement  allowances  under  the provisions of this Law shall lapse by
prescription if not made within five years.
................ Omitted.

                        Chapter XIII. Penal Provisions Go Contents
.................. Omitted.

Supplementary Provisions (Excerpts)
.................... Omitted.

Table 1 and Table 2. Omitted.