Littler Global Guide - Japan - Q4 2019

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q4 2019 Global Guide Quarterly updates   Download full Q4 2019 Global Guide Quarterly

Employment Security Up to the Age 70

Proposed Bill or Initiative

Author: Aki Tanaka, Of Counsel - Littler United States

On December 25, 2019, Labor Policy Council has proposed to the Minister of Health, Labor and Welfare to take legislative actions to provide measures to ensure employees continue working until the age 70. Currently, it is required for employers to continue the employment relationship until employees turn 65. The proposed measures include extension of the retirement age, which currently is 60 to 65, as well as a provision to allow for limited-term employment post retirement age. Also proposed is the option to retain them as independent contractors.

Power Harassment Law, Effective in June 2020

Upcoming Deadline for Legal Compliance

Author: Aki Tanaka, Of Counsel - Littler United States

The new "Power Harassment" law, which was enacted in May 2019, is set to become effective on June 1, 2020, for large companies and in April 2022 for small and medium size enterprises. This law requires employers to take appropriate actions to prevent employees from engaging in activities that take advantage of their powers at work, exceed the employee’s necessary and reasonable scope of duties, and otherwise may be harmful to the work environment. Although the determination of what is a large and small employer is based on a number of factors, generally employers with 50 or fewer employees will be considered small.

Use of Paternity Leave

Trend

Author: Aki Tanaka, Of Counsel - Littler United States

Japan has generous paternity leave laws: Fathers can take up to a year of paternity leave just as new mothers can. There are several recent lawsuits filed where male employees allege that they suffered adverse consequences after using paternity leave. While the companies plan to fight these allegations, many have acknowledged that there is a problem with too few fathers taking leave in the private sector. About six per cent of men take paternity leave in Japan, while nearly all women do. Yet, notably, the number of male government workers who used paternity leave is about double that of the private sector. The government has recognized this disparity and is considering various plans to promote the use of paternity leave.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.