JAPAN: Annual Update – Expected Labour Law Changes in 2017
Family
Expansion of child care leave and family care leave: The rules for temporary workers to become eligible for ‘child care’ leave will be relaxed. Under the new rules, where workers are employed by the same employer for a continuous period of at least one year, such workers will be eligible for child care leave. However, if it is obvious that their employment contracts will expire before their children become one and half years old, they cannot take child care leave.
Similarly, for ‘family care’ leave; under the new rules where workers are employed by the same employer for a continuous period of at least one year, such workers will be eligible for family care leave. However, if it is obvious that their employment contracts will expire before six months after the date on which 93 days (the maximum days for family care leave) elapse from the starting date of the contemplated family care leave, they cannot take family care leave.
In addition, the flexibility of child care leave and family care leave will be increased, by allowing workers to take (1) family care leave divided into up to 3 periods; and (2) sick/injured childcare days-off and family care days-off in half day units. Further, a system will be introduced under which workers who are taking care of family members will be allowed to request exemptions from performing overtime work.
Effective from January 1, 2017.
Action required: Employers should review child care leave and family care leave policies and make any necessary amendments in accordance with the new law.
Measures to prevent harassment in child care situations: Employers must take certain measures for the prevention of harassment against workers on the basis of pregnancy and childbirth and for applications for child care leave and family care leave. Guidelines regarding the specific measures to be taken by employers will be in force, and such measures include educating employees, establishing consulting systems, handling harassment issues promptly and appropriately, eliminating factors that could cause harassment to occur, and protecting the privacy of victims and harassers.
Effective from January 1, 2017.
Action required: Employers should understand and adopt the measures required by the Guidelines.
Annual leave
Amendments to the Labour Standards Act: Amendments to the Labour Standards Act have been submitted to the Diet, and are being considered. The proposed amendments relate to encouragement to take annual paid vacations and the introduction of a “high-level professional” system (the Japanese version of the white-collar exemption).
Action required: At present, no action is required but keep abreast of the current legal situation.