Labor Standards Act (Japan)
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The is a Japanese law. It was enacted on 7 April 1947 to govern working conditions in Japan. According to Article 1 of the Act, its goal is to ensure that "Working conditions shall be those which should meet the needs of workers who live lives worthy of human beings."


Historical background

As the
Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
was nearing its end, on 26 July 1945, Allied leaders
Winston Churchill Sir Winston Leonard Spencer Churchill (30 November 1874 – 24 January 1965) was a British statesman, military officer, and writer who was Prime Minister of the United Kingdom from 1940 to 1945 (Winston Churchill in the Second World War, ...
,
Harry S Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. As the 34th Vice president of the United States, vice president in 1945, he assumed the presidency upon the death of Frank ...
, and Chiang Kai-shek issued the
Potsdam Declaration The Potsdam Declaration, or the Proclamation Defining Terms for Japanese Surrender, was a statement that called for the surrender of all Japanese armed forces during World War II. On July 26, 1945, United States President Harry S. Truman, ...
, which demanded Japan's unconditional surrender. This declaration also defined the major goals of the postsurrender Allied occupation: "The Japanese government shall remove all obstacles to the revival and strengthening of democratic tendencies among the Japanese people.
Freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
, of
religion Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...
, and of thought, as well as respect for the fundamental
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
shall be established" (Section 10). In addition, the document stated: "The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with the freely expressed will of the Japanese people a peacefully inclined and responsible government" (Section 12). The Allies sought not merely punishment or reparations from a militaristic foe, but fundamental changes in the nature of its political system. In the words of political scientist Robert E. Ward: "The occupation was perhaps the single most exhaustively planned operation of massive and externally directed political change in world history."


Allied Occupation of Japan

After the
Japanese surrender The surrender of the Empire of Japan in World War II was announced by Emperor Hirohito on 15 August and formally signed on 2 September 1945, ending the war. By the end of July 1945, the Imperial Japanese Navy (IJN) was incapable of condu ...
on 15 August 1945, allied forces, mostly American, rapidly began arriving in Japan. Almost immediately, the occupiers began an intensive program of legal changes designed to democratize Japan. While it was created while Japan was under occupation, the origins of the Act have nothing to do with the occupation forces. It appears to have been the brainchild of Kosaku Teramoto, a former member of the
Thought Police In the dystopian novel ''Nineteen Eighty-Four'' (1949), by George Orwell, the Thought Police (''Thinkpol'' in Newspeak) are the secret police of the superstate of Political geography of Nineteen Eighty-Four , Oceania, who discover and punish '' ...
, who was now the head of the Labor Standards section of the Welfare Ministry. The situation during the occupation was very confusing, and Teramoto managed to convince a number of industrialists, bureaucrats, and politicians that GHQ was demanding strict controls on working conditions. He and a small staff then drafted the bill, based on prewar provisions that had been suspended by the military government, as well as a review of International Labor Organization conventions. The occupation authorities knew nothing about the bill until Teramoto handed it to Theodore Cohen, head of GHQ's Labor Division. The Americans gave the law their blessing, and Teramoto was able to tell the industrialists, bureaucrats and politicians that they had no choice but to go along with what the occupation forces wanted.


Amendments

After being passed in 1947, The Labor Standards Act was amended in 1947, 1949 (twice), 1950, 1952, 1954, 1956, 1958, 1959, 1962, 1965, 1967, 1968, 1969, 1972, 1976, 1983, 1984, 1985 (three times), 1987, 1991, 1992, 1993, 1995, 1997, 1998, 1999 (four times), 2001 (three times), 2002 (three times), and 2003 (three times).


Main provisions

The law consists of 13 chapters and supplementary provisions: * Chapter 1 General Provisions (Articles 1–12) * Chapter 2 Labor Contract (Articles 13–23) * Chapter 3 Wages (Articles 24–31) * Chapter 4 Working Hours, Rest Periods, Rest Days, and Annual Paid Leave (Articles 32–41) * Chapter 5 Safety and Health (Articles 42–55) * Chapter 6 Juveniles (Articles 56–64) * Chapter 6-7 Women (Articles 64-2-68) * Chapter 7 Training of Skilled Laborers (Articles 69–74) * Chapter 8 Accident Compensation (Articles 75–88) * Chapter 9 Rules of Employment (Articles 89–93) ** Articles 89 and 90 cover Work rules * Chapter 10 Dormitories (Articles 94-96-3) * Chapter 11 Inspection bodies (Articles 97–105) * Chapter 12 Miscellaneous Provisions (Articles 105-2-116) * Chapter 13 Penal Provisions (Articles 117–121) * Supplementary ProvisionsJapan Institute for Labor Policy and Trainin
Labor Standards Act
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See also

* Japanese labor law


Notes


External links


Full text of the Labor Standards Act
fro
the Japan Institute for Labor Policy and Training
{{Authority control Government of Japan Postwar Japan Japanese labour law 1947 in law Occupational safety and health law 1947 in Japan 1947 in labor relations