(Labor Contracts of the Minor)

Article 58. The parent or the guardian shall not make a labor contract in place of the minor.

2. The parent or the guardian and the administrative office are authorized to cancel the contract for the future if they consider it unfair to the minor.

Article 59. The minor has the right to receive wages independently, the parent or the guardian shall not receive as proxy the wage earned by the minor.

(Working Hours and Rest of Minors)

Article 60. Article 32 paragraph 2, Article 36 and Article 40 shall not apply to minors under full 18 years old.

2. Concerning the children who come under Article 56 paragraph 2, the working hours of Article 32 paragraph 1 are replaced as seven hours a day, forty-two hours a week, including school hours.

3. Regardless of Article 32 paragraph 1, working hours for minors above full 15 years old and under full 18 years old, may be extended to 10 hours a day, in case the employer reduces the working hours of one day in a week to 4 hours and the total working hours of a week do not exceed 48 hours.

(Working Hours and Rest Days of Women)

Article 61. The employer shall not employ women above full 18 years old overtime more than 2 hours a day, 6 hours a week, and 150 hours a year, and not employ them on rest days even though the employer reaches the agreement under Article 36. However, the employer may, where such women are to be engaged in the works of preparation of lists of properties, balance-sheet or statement of profit and loss, and other works of calculation and preparation of statements, etc. needed for the settlements of accounts, irrespective of the limits of 6 hours a week, employ them in overtime work not exceeding 12 hours in 2 weeks.

(Midnight Labor)

Article 62. The employer shall not employ minors under full 18 years old or women between the hours of 10 p.m. and 5 a.m. However, this shall not apply when the male over full 16 years old is employed by shift system.

2. When work is done in shifts and the competent Minister deems it necessary, he may change the hours of the preceding paragraph into from 11 p.m. to 6 a.m. specifying the area and the season.

3. When work is done in shifts, the employer may employ these workers till 10:30 p.m. regardless of the provisions of paragraph 1 or from 5:30 a.m. regardless of the stipulation of the preceding paragraph under the sanction of the administrative office.

4. The three foregoing paragraphs shall not apply when the employer extends the working hour or employs the worker on rest days by the stipulation of Article 33, and to those enterprises which come under items (6), (7), (13), and (14) of Article 8 and to telephone or other jobs specified by Ordinance with resolution of the Central Labor Standards Council, as not being injurious to the health and welfare of women. However, this shall not apply to minors under full 18 years old employed in the enterprise of item (14).

5. In applying paragraph 1 to children who come under Article 56 paragraph 2, principal clause, the hour of paragraph 1 is replaced as from 8 p.m. to 5 a.m. and in applying paragraph 2 as from 6 a.m.

(Restriction on Dangerous and Harmful Jobs)

p.m. to

Article 63. The employer shall not allow minors under full 18 years old and women to clean, oil, examine, or repair the dangerous part of any machinery or transmission apparatus in motion, or to put on or to take off the driving belts or ropes of any machinery or transmission apparatus in motion, or to handle the derrick drive by power, or to perform any other dangerous work, nor to engage in jobs which require the conveyance of heavy weight goods specified by Ordinance.

2. The employer shall not employ minors under full 18 years old in work involving the handling of poisons, powerful drugs, or other injurious substances, or explosive, combustible or inflammable goods, or in places where dust and powder, or harmful gas and radial rays are generated, in places of high temperatures and pressures, or other places which are dangerous or injurious to the safety, health, and welfare of the minor.

3. The stipulation of the preceding paragraph may be applied by Ordinance to women over full 18 years old who are engaged in certain jobs specified in the same paragraph.

4. The scope of the work described in paragraph 2 and the scope of application by the preceding paragraph shall be decided by Ordinance.

(Ban on Underground Labor)

Article 64. The employer shall not employ minors under full 18 years old or women in underground labor.

(Before and After Childbirth)

Article 65. The employer shall not employ a woman for 6 weeks before childbirth when she requests rest days during the period.

2. The employer shall not employ a woman within 6 weeks after childbirth. However, when the woman requests employment after 5 weeks, it is permissible to assign her to a job that the doctor pronounces unharmful to her.

3. When the pregnant woman requires, the employer shall change her to a lighter job. (Nursing Period)

Article 66. A woman nursing a baby less than one year old may obtain nursing time, twice a day, each at least thirty minutes during the working hours, besides the recess mentioned in Article 34.

2. The employer shall not employ the woman during the nursing time mentioned in the preceding paragraph.

(Menstruation Leave)

Article 67. The employer shall not employ a woman who suffers heavily from menstruation or a woman employed in jobs injurious to menstruation if she requests a menstruation leave.

2. The scope of the job mentioned in the preceding paragraph shall be determined by Ordinance.

(Fare for Returning Home)

Article 68. The employers shall bear the necessary fare in case minors under full 18 years old or women wish to return home within 14 days after dismissal. However, this does not apply if minors under full 18 years old or women were dismissed by reason for which they are responsible and if the employer receives authorization from the administrative office after explaining the grounds for dismissal.

(Purpose)

WORKING WOMEN'S WELFARE LAW

(July 1, 1972)

(Provisional Translation)

Chapter I. General Provisions

Article 1. The purpose of this law is to clarify the fundamental principle concerning the welfare of working women and to promote measures including increase of vocational guidance, encouragement of training, promoting harmony between working life and home work such as nursing and domestic duties, and establishment of welfare facilities, and thereby to further the welfare and to improve the status of working women.

(Fundamental Idea)

Article 2. In view of the fact that working women are the persons who have an important role in nursing children who are the support and drivers of the future world, and who are contributing to the development of the economy and society, they shall deserve to have the appropriate considerations which help them secure harmony between working life and home life, and to secure a working life with a sense of fulfillness, by making best use of their abilities, with their maternity respected and yet without discriminatory treatment by sex.

Article 3. Working women themselves shall endeavor to have awareness as persons engaged in work, and of their own accord to develop and make best use of their abilities in working life.

(Responsibilities of the Persons Concerned)

Article 4. An employer shall endeavor to promote the welfare of the working women whom he employs.

2. The State and local public bodies shall endeavor to promote the welfare of working women. 3. When an employer takes appropriate measures to promote the welfare of the women workers whom he employs, or when the State and local public bodies enforce appropriate policies to promote the welfare of working women, they shall endeavor to consider that the fundamental idea provided by the preceding two articles shall be realized by means of such measures or policies.

(Organization of Campaigns)

Article 5. The State and local public bodies, in order to increase interest and understanding among the nation for the welfare of working women, to elevate the awareness of working women, and especially to remove the factors which prevent working women from making the best use of their abilities, shall conduct necessary educational campaigns.

Chapter II. The Basic Policy of Actions for the Welfare of Working Women

Article 6. The Minister of Labor shall institute the basic policy concerning the measures for the welfare of working women (to be called “the basic policy of actions for the welfare of working women” hereinafter).

2. The matters which will be stated in the basic policy of actions for the welfare of working women shall include:

(1) Matters pertaining to the trend of the working life and home life of working women; and

(2) Basic matters pertaining to the measures to be implemented in relation to promotion of the welfare for working women.

3. The basic policy of actions for the welfare of working women shall be instituted, with respect to the working conditions, opinions, and the employment situation by age and marital status of working

women.

4. The Minister of Labor, in drawing up the basic policy of actions for the welfare of working women, shall hear the opinions of the Advisory Commission on Women's and Minors' Problems and also seek the opinions of Prefectural Governors, in advance.

5. The Minister of Labor shall, when he has instituted the basic policy of actions for the welfare or working women, make public its outline, without delay.

6. The provisions of the preceding two paragraphs shall apply mutatis mutandis to alterations of the basic policy of actions for the welfare of working women.

(Vocational Guidance, etc.)

Chapter III. Measures for Welfare

Article 7. Employment security organs, in order to help working women choose, with ease, occupations suitable to their vocational aptitude, abilities, experiences, and skills, and adapt themselves to their occupations, for working women and persons concerned, shall take appropriate measures such as presentation of the information of employment and the findings of research concerning the vocation, et cetera, and conducting of vocational guidance proper to their aptitude.

(Vocational Training)

Article 8. The State, local public bodies, and Employment Promotion Projects Corporation shall, in order to promote working women to get necessary skills, including the knowledge concerning this, for their work, and to improve their abilities, and also in order to secure the opportunity of vocational training equally for women workers, endeavor to conduct educational campaigns concerning vocational training for working women and also persons concerned, as well as to take appropriate measures necessary to facilitate the training or working women, such as making better arrangements of facilities. (Arrangements and Measures Concerning Health Control During Pregnancy and After Childbirth) Article 9. An employee shall endeavor to make arrangements to enable the working women whom he employs to have hours necessary for health guidance and examinations provided for by the Maternal and Child Health Law (Law No. 141, 1965).

Article 10. An employer shall endeavor, in order to enable the working women whom he employs to observe the directions based on health guidance and examinations provided for in the preceding article, to take appropriate measures including alteration of working hours and change to lighter jobs. (Provision of Conveniences for Child Care)

Article 11. An employer shall endeavor, for the working women whom he employs, as necessary, to provide conveniences for child care, including the approval of child care leave (to mean that an employer allows the women workers with babies or children to leave for child care for a fixed period, on the request of such by the working women whom he employs).

(Counseling, Courses, etc.).

Article 12. The State and local public bodies, for working women, for the purpose of furtherance of their culture as workers and promotion of harmony between working life and home life, shall endeavor to take appropriate measures such as necessary guidance, counseling, and courses.

Chapter IV. Facilities for Welfare

(Welfare Centers for Working Women)

Article 13. The local public bodies, as needed, shall endeavor to set up welfare centers for working

women.

2. The purpose of welfare centers for working women is to conduct comprehensively the works concerning the welfare of working women including counseling, guidance courses, and exercise and to provide conveniences for rest and recreation.

3. The Minister of Labor shall decide the desirable standards of establishments and managements of welfare centers for working women.

(Advisor at the Welfare Center for Working Women)

Article 14. At the welfare center for working women, they shall endeavor to place the officers who take charge of counseling and guidance for working women (to be called "advisor at the welfare center for working women" hereinafter).

2. Advisor at the welfare center for working women shall be appointed out of persons who have zeal and learning regarding the work, and also who have the qualifications provided by the Minister of Labor.

(Advice of the State, et cetera)

Chapter V. Miscellaneous Provisions

Article 15. The State shall endeavor to conduct necessary assistance and guidance to promote the works to further the welfare of working women, such as advice and guidance.

(Research, et cetera)

Article 16. The Minister of Labor shall undertake necessary research relating to the working life and home life of working women.

2. The Minister of Labor, in relation to the enforcement of this law, is entitled to request the heads of the administrative organs concerned with such cooperation as presentation of necessary information and materials.

3. The Minister of Labor, in relation to the enforcement of this law, is entitled to request the prefectural governors to present the necessary reports of research.

Article 3. No one shall be discriminated against in employment exchange, vocational guidance, etc., because of race, nationality, political or religious belief, sex, social status, family origin, previous profession, affiliation or non-affiliation with a labor union, et cetera.

The terms of agreements entered into between employers and unions in accordance with the Trade Union Law shall not be considered to be in conflict with the above provision.

TRADE UNION LAW

(June 1, 1949)

-Extract

Chapter II. Trade Unions

(Treatment of an Organization Which Has Been Formed as a Trade Union) Article 5.

2. The constitution of the trade union shall include provisions provided for in each of the following items:

(4) In no event shall any one be disqualified for union membership because of race, religion, sex, social status, or family origin.

NATIONAL PUBLIC SERVICE LAW

(May 15, 1952)
-Extract-

(Principle of Equal Treatment)

Article 27. In the application of this law, all of the people shall be accorded equal treatment and shall not be discriminated against by reason of race, religious faith, sex, social status, family origin, or political opinions or affiliation, except as provided in item 5 of article 38.

Article 13. In the application of this law, all of the people must be treated equally and must not be discriminated against because of race, creed, sex, social status, or family origin, or because of political opinion or political affiliation except for the cases provided in article 16, item 5.

EXPLANATION OF STATISTICAL SURVEYS-Part 3

Population Census

Introduction. The population censuses in Japan have been conducted almost every five years since 1920.

Date of census. The population census is conducted on the first of October.

Population enumerated in the census.-The census is taken to enumerate the socalled de jure population. The de jure population refers to those persons who are usually living in an area on the date of the census, and are counted as the population of that area. The wording "persons usually living" was defined in the census as those persons who had or would have lived for 3 months or more at their respective household. Enumeration items.—The main items contained in the census are as follows: For a household member:

Census organization.—The census is conducted within the jurisdiction of mayors or heads of the municipalities, i.e., shi (city), ku (ward), machi (town) and mura (village), supervised by governors of the prefectures, i.e., "to," "do," "fu" and "ken," and planned and administered by the Bureau of Statistics, Office of the Prime Minister.

Employment Status Survey

Purpose of the survey.-The Employment Status Survey has been conducted every 3 years since 1956. The purpose of the survey is to study the basic structure of employment status of the population in Japan and to provide detailed information on the labor mobility.

To determine the employment status of each person, the "usual status approach" was adopted in this survey, rather than the actual status approach which is employed in the Labor Force Survey and the Population Censuses.

This is based on the consideration that the "actual status approach"is not a satisfactory method of studying the employment structure in depth.

Date of the survey. The survey is conducted as of July 1.

Population coverage and area coverage. Questions concerning employment status were asked for all persons 15 years old and over usually living in the sample households.