Japan (JP)
Japan is one of the world's most captivating destinations for expats — a country where ancient temple culture and ultra-modern technology coexist seamlessly.
Employment Rights
Sick leave, dismissal protection and red flags in Japan.
Japanese employment law (労働法 / Rōdō-hō) provides strong worker protections, primarily through the Labor Standards Act (労働基準法 / LSA) enacted in 1947. However, workplace culture in Japan sometimes leads to informal pressure to work beyond legal limits, skip leave, and avoid asserting rights — particularly in traditional Japanese companies. Expats at international firms (外資系 / gaishikei) generally experience better work-life balance. The Work Style Reform Act (働き方改革関連法) of 2018 introduced overtime caps and mandatory paid leave use. All workers in Japan — including foreign nationals — are protected by labour law regardless of nationality.
Sick leave
Rules: Japan has no statutory paid sick leave (病気休暇 / byōki kyūka) requirement — the Labor Standards Act does not mandate paid sick leave. Most employees use paid annual leave (有給休暇) when ill. However, Employment Insurance (雇用保険) provides the Sickness/Injury Allowance (傷病手当金 / Shōbyō Teatekin) via the health insurance system from the 4th consecutive sick day of absence.
Doctor note: No statutory requirement for when a doctor's note (診断書 / shindansho) must be provided. Most employers request one after 3+ consecutive days of sick absence. A shindansho costs ¥2,000–5,000 at the clinic.
Employer pay: No statutory paid sick leave — employer is not required to pay wages during sickness absence. Employees typically use paid annual leave (有給休暇). Some companies provide internal sick leave policies (有給傷病休暇) as a benefit.
Long-term: Health Insurance Sickness/Injury Allowance (傷病手当金): available under Shakai Hoken (company health insurance) from the 4th day of absence if you cannot work due to illness/injury. Amount: 2/3 of standard daily remuneration. Maximum duration: 18 months from first day of inability to work. Apply through your health insurer (健康保険組合 or 協会けんぽ). Note: NHI (national health insurance for self-employed) does NOT provide the sickness allowance — this is a Shakai Hoken benefit only.
Dismissal protection
Law: The Labor Contracts Act (労働契約法 / Rōdō Keiyaku Ho) Article 16 states that dismissal without objectively reasonable grounds and not conforming to socially accepted notions is considered an abuse of rights and is invalid. Japanese dismissal law provides very strong employee protection — courts have consistently held that dismissal requires very strong justification. Redundancy (整理解雇 / Seiri Kaiko) requires: genuine business necessity, exhaustion of alternatives, objective criteria for selecting who is dismissed, and good-faith consultation with employees.
Deadline to sue: Unfair dismissal claims must be filed within 2 years (労働審判 / Labour Tribunal) or 3 years (full court proceedings) from the date of dismissal. The Labour Tribunal (労働審判) is a fast-track process (typically 3 hearings within 3 months). For unpaid wages, the statute of limitations is 3 years.
Probation
Trial period (試用期間 / Shiyō Kikan) is typically 3–6 months. During probation, employment can be terminated with 30 days notice (or pay in lieu) if the reason is reasonable — lower bar than post-probation termination. After 14 days of employment, the employer must give 30 days advance notice or 30 days pay in lieu to terminate employment. Most employment contracts specify 3 months probation — verify the exact terms in your written contract.
Notice periods
30 days notice required (or 30 days average wages in lieu). During the first 14 days of employment, this does not apply. Most contracts specify longer notice periods by mutual agreement (typically 1 month). Employees resigning must give notice per their contract — typically 1 month, though the Civil Code minimum is 14 days for open-ended employment.
Working time
Max hours: 8 hours per day, 40 hours per week (labor standards). Overtime (残業 / zangyō) requires a 36 Agreement (36協定 / San-roku Kyōtei) with employee representatives. Post-2019 Work Style Reform: general overtime cap of 45 hours/month, 360 hours/year. Special circumstances (繁忙期): up to 100 hours/month, 720 hours/year with 6-month restriction. Excessive overtime (月80時間以上 / 80+ hours/month) triggers mandatory occupational health consultations.
Min rest: Minimum 8 hours rest between shifts (not explicitly stated in law but standard). Break times required: 45 minutes for 6+ hours of work; 1 hour for 8+ hours. Weekly rest: at least 1 day off per week.
Overtime: Overtime premium required: 25% above regular hourly rate for weekday overtime; 35% for holiday work; 50% for midnight work (late night overtime, 22:00–5:00). Managers (管理監督者 / kanri kantokusha) are exempt from overtime rules — but "manager" status is often abused by employers; genuine managers have significant authority and compensation.
Vacation
10 days paid annual leave (有給休暇 / yūkyū kyūka) after 6 months of continuous employment. Increases by 1 day each year up to 20 days maximum (reached at 6.5 years). Since 2019, employers must ensure employees take at least 5 days of paid leave per year. Unused leave can be carried forward 1 year (total maximum 40 days). Japan's leave usage rate is historically among the lowest in the OECD — social pressure to not take leave is real, particularly in traditional companies. Golden Week (late April–early May), Obon (mid-August), and New Year (late December–early January) are common leave periods.
Anti-discrimination
Equal Employment Opportunity Act (男女雇用機会均等法 / Danjo Koyō Kikai Kintō Ho): prohibits discrimination based on sex, pregnancy, or maternity in recruitment, assignment, promotion, training, and dismissal. Labor Policy Comprehensive Promotion Act: prohibits age discrimination in job advertisements (must not specify age preference). Labor Standards Act Article 3: prohibits discrimination in working conditions based on nationality, creed, or social status. Foreign workers are protected. Racial or origin-based discrimination outside these areas is not specifically prohibited in general discrimination law — this is a gap in Japanese law. Report discrimination to the Labour Standards Inspection Office (労働基準監督署).
Contract red flags
- !No written employment contract (労働条件通知書) — the employer must provide a written statement of working conditions within the day employment begins; failure to do so is illegal
- !Mandatory paid "training" before official employment start — training periods are typically unpaid but if you perform actual work, payment is required
- !"Management" title used to avoid overtime pay — verify you have genuine managerial authority and appropriate compensation if classified as a manager
- !Unpaid or "volunteer" overtime expectations not stated in the contract
- !Fixed-term contracts repeatedly renewed for the same position — after 5 years of repeated fixed-term contracts, you can request conversion to open-ended employment (無期転換ルール)
- !Non-compete clauses that extend beyond 6 months or cover too broad an area — these are difficult to enforce in Japan but still create risk
- !Hourly rate below the prefectural minimum wage — national average ¥1,121/hour from October 2025 (fiscal year 2025 increase; largest ever rise of ¥63); Tokyo: ¥1,226/hour; Kanagawa: ¥1,225/hour; rural prefectures: ¥1,000–¥1,050/hour. Employer violation regardless of contract. Verify your prefecture's rate at mhlw.go.jp.
- !Probationary period exceeding 6 months — while not explicitly prohibited by statute, courts rarely accept probation beyond 6 months as reasonable; 3 months is standard.
- !Contract missing key working conditions (hours, wage, rest days, leave) — the Labour Standards Act requires written disclosure of all major terms on day 1; absence is illegal.
- !Employment insurance (雇用保険) and health insurance (社会保険) not enrolled after 1 month — mandatory for employees working 20+ hours/week; failure to enrol is an employer violation.
Employment Rights
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