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230
COMBATING DISCRIMINATION IN LABOR RELATIONS: JAPAN'S STATE
POLICY
Begatov Jasurbek
Doctoral student (PhD) of the Institute of State and Law of the
Academy of Sciences of the Republic Uzbekistan
E-mail:
jbegatov96@gmail.com
ANNOTATION:
Japan's state policy to eliminate discrimination in the labor sector focuses on
gender equality, the protection of the rights of foreign workers, and combating age-based
discrimination. This article is dedicated to the key priorities of Japan's anti-discrimination
policies in the labor sector. The policy reflects measures aimed at reducing instances of
discrimination based on gender, age, race, nationality, and other social groups within the labor
market. It analyzes legal norms, including laws on equal opportunities and additional strategic
programs designed to ensure equal employment opportunities and create a fair competitive
environment. Furthermore, the article provides information on the social and economic impacts
of these policies, the benefits created for participants in the labor market, and prospective
measures to ensure inclusivity. This approach reflects Japan's global experience and strategic
decisions aimed at improving labor relations, emdiving the aspirations to establish an effective
system for combating discrimination.
Keywords:
labor law, discrimination, human rights, labor relations, government agencies,
international standards, disability, gender equality, justice.
INTRODUCTION
Japan is considered one of the leading countries in preventing discrimination in labor relations.
The working conditions established in the country are regarded as significantly superior when
compared to those in other nations. In addition, numerous regulatory documents have been
adopted to ensure human rights and freedoms in labor relations. The 1947 Japanese Constitution
enshrines the principle of equality before the law and, in Article 14, prohibits any legal
restrictions based on citizens’ political, economic, and social participation, as well as on
characteristics such as race, religion, social status, gender, or family background
.
Article 14, Part 1 of the Japanese Constitution addresses “equality before the law.” This
provision means that all individuals must be treated equally in legal terms. Furthermore, Article
14, Part 1 prohibits discrimination on the basis of race, gender, religion, social origin, or family
background. This prohibition is interpreted as a natural outcome of the principle of equality
before the law. Therefore, the grounds specified in this article are not exhaustive but merely
indicate the important bases of discrimination prohibited by the Constitution. This constitutional
provision also covers the prohibition of discrimination based on skin color or nationality.
The main regulatory documents governing labor relations in Japan include the Labor Relations
Act of 1946, the Employment Security Act of 1947, the Labor Standards Act of 1947 (amended
in 1987), the National Public Service Act of 1948, the Trade Union Act of 1949, the Minimum
Wage Act of 1959, the Act on the Utilization of Labor of 1966, the Equal Employment
Opportunity Act of 1985, the Act on Stabilizing Employment of Older Persons of 1986, and
others.
1
THE CONSTITUTION OF JAPAN 03.11.2025 //
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
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231
One of Japan’s most important laws is the Labor Standards Act of 1947. Its Article 3 prohibits
discriminatory treatment based on race, religion, or social status when determining wages,
working hours, and other employment conditions. This provision can be seen as establishing the
general principle of equal treatment. Moreover, Article 4 of this law stipulates the principle of
equal pay for equal work for both genders. The fact that gender is not mentioned among the
grounds for discrimination in Article 3 is explained by the fact that the law provides special
protective measures for women (such as restrictions on overtime work, the prohibition of
underground or other hazardous work, maternity and childbirth leave, and so forth)
The Trade Union Act of 1949 includes provisions regulating the legal status of trade unions, the
right to collective bargaining, and the composition and functions of labor-related bodies. Every
worker, regardless of gender, race, religious affiliation, or family status, has the right to join or
leave a trade union without incurring any harm. Article 5 of the Trade Union Act stipulates that
no one shall be expelled from union membership on the basis of race, gender, religious affiliation,
social origin, or family background
.
On July 21, 1966, the “Law on Employment Measures” was enacted, which made a significant
contribution to Japan’s policy of combating discrimination in labor relations by establishing fair
employment relationships among various segments of the population. The law prohibits age-
based discrimination in hiring, although it contains some exceptions for setting age requirements.
In 2007, the law was reviewed and, in accordance with its Article 10, provisions banning age-
related discrimination were introduced
.
The “Equal Employment Opportunity Law,” adopted in 1985, was enacted with the aim of
creating equal conditions and opportunities for both men and women in employment. The law
provides for the establishment of a conciliation commission to resolve disputes between working
women and employers, and it also sets forth a system of specific legal protections and benefits.
The “Law on Securing the Employment of Persons with Disabilities” requires employers with
43.5 or more employees to hire persons with disabilities and mandates that persons with
disabilities constitute at least 2.3% of the workforce. This percentage is planned to be raised to
2.5% by April 2024 and to 2.7% by July 2026. This obligation applies to employers with 40 or
more employees as of April 2024 and to those with 37.5 or more employees as of July 2026
.
In Japan, the “Law on Equal Opportunities and Treatment between Men and Women at Work”
was enacted in 1972. The law prohibits discrimination in wages, working hours, or working
conditions based on nationality, religion, or social status. In addition, it emphasizes that
employers must not engage in discriminatory practices regarding wages between men and
women. The law is firmly established at all stages of labor relations, including recruitment (such
as task allocation and delegation), promotion, demotion, training, retirement incentives,
compulsory retirement age, dismissal, and the renewal of employment contracts (Articles 5 and 6
of the Equal Employment Opportunity Law). This law not only prohibits direct discrimination
but also bans certain forms of indirect discrimination (Article 7).
METHODS
2
Kazuo Sugeno. Japanese Labor Law. Asian Law Series. University of Washington School of Law. No. 11. P. 123.
3
Labor Union Act Act No. 174 of 1949 //
https://www.cas.go.jp/jp/seisaku/hourei/data/lua.pdf
4
Labor Standards Act (Act No. 49 of April 7, 1947)//
https://www.irishstatutebook.ie/eli/1947/sro/200/made/en/print
5
Anti-Discrimination Laws in Japan//
https://leglobal.law/countries/japan/employment-law/employment-law-
overview-japan/04-anti-discrimination-
laws/#:~:text=The%20Labour%20Standards%20Act%20prohibits,women%20with%20respect%20to%20wages
.
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232
Research at work labor in their relationship of discrimination prevent to take and end to give
with related
theoretical and practical problems, them effective to the solutions aimed at
information complex illuminating from giving consists of.
In the study labor in their relationship to the surface coming discrimination cases and to him/her
given responsibility issues according to legislation norms and lawyer of scientists scientific-
theoretical from their views used and comparative law method, analysis, synthesis, observation,
generalization, induction and deduction methods was used. This from methods research your
work various in parts used. In particular, comparative law method through research at work
studied countries comparative analysis done increased. Analysis and synthesis through statistic
information separately into parts divided
without and later generally speaking conclusion in
giving used. Induction method through scientists discrimination in relation to relatively personal
from their views general to the conclusion on arrival used. In general when received, all methods
to each other integral related become problem in learning one how many methods integration
done without attempted to apply.
Japan to women relatively of discrimination all forms finish UN Convention on ratification since
then, Japan government national legislation his/her to the rules coordination about decision
acceptance did. Conducted reform As a result, in 1985, the Equal Opportunities about law
acceptance was enacted, which came into force on April 1, 1986 entered. Japanese law work
providers to hire, to appoint and service from the step on the rise to women men with equal
opportunities calls for "action " to create. However, work giver by this of the rule violation
Japan's current to the legislation appropriate no how legal to the consequences take This is not
coming. rule only " social" "politics" certain standard as seeing is released
.
Marriage, pregnancy, childbirth or other similar to the reasons according to inconvenient in
a relationship, It is also prohibited to be (Article 9)
. Law to women relatively discriminating the
relationship, that including sexual to the best against fight system order to put positive impact did
although in practice women's to work active attraction to do take did not come.
To work permit only In Japan known one work for necessary was professional to
adjectives has was to foreigners is given if this Japanese employee at work complete if not. An
example of this is as Chinese in restaurants working Chinese the chefs or edge languages their
teachers to bring possible.
Labor conditions about Article 3 of the law states that affiliation and social to the
position looking at various labor conditions designation from the prohibition since, the minority
straight away discrimination less occurring to the event became. Home problem to work
acceptance in doing discrimination Race, nationality
or of the skin color according to to
work acceptance in doing discrimination with related court of work absence such of
discrimination complete whether there is This does not mean situation more other nation or race
of employees shortage with explained.
RESULTS
Work giver by women to work related in relationships forbidden to their behavior term the
contract not to extend, the worker work their hours reduction, position reduction, work right
reduce or inconvenient work to the environment to transfer own inside takes. This The law was
fundamentally changed in 2006. again seeing
exited and to the law relevant change was
6
Kazuo Sugeno . Japanese Labor Law. Asian Law Series. University of Washington School of Law. No. 11. P. 131.
7
Act on Equal Opportunity and Treatment between Men and Women in Employment Act No. 113 of July 1, 1972//
https://www.japaneselawtranslation.go.jp/en/laws/view/4190/en
Volume 4, issue 2, 2025
233
entered. As a result law from sex strict perspective, gender- based to discriminate prohibitive to
the legislation turned
.
Labor conditions about law labor to the conditions relatively to discriminate only to work
acceptance since done then prohibits and worker strength recruitment or to work location about
announcements publication to grow to the stage relevant It is not. It is certainly directly
prohibition for from the causes one is happening.
Work the giver woman to employees pregnancy, childbirth and other to the reasons according
to to discriminate prevent to take according to measures see obligation uploaded. Work related in
relationships equal opportunity creating to give for work from providers work in place sexual of
violence prevent to take for necessary measures requires viewing (Article
11 ). see
inconveniences prevent to take for necessary measures requires viewing.
Japan labor in the law all woman to employees pregnancy during protection to do measure as
childbirth on vacation to go out permission In particular, if pregnant woman worker six week
inside childbirth
need if ( many pregnancy 14 weeks in the case of work ) to the giver to
him/her to work permission to give is prohibited. Vacation deadline natural of birth expected to
the date is based on. Often the child care to do according to far term vacation far that career
development for negative impact to do possible that Economic
measures point from the
point of view women labor scale
expansion for Japan government came into power in 2016
entered " Women's work in place participation and development encouragement "about" law
acceptance However, some
research this shows that the woman workers to the position to
climb strong they do not strive male workers with compared to
. Woman workers
encouragement and work in place woman leaders number multiplication for often work time
further flexible to be and additional work time reduction need is emphasized
Children" of May 15, 1991 care to do " about" law acceptance This was done
. in law child care
to do or child upbringing on vacation came out employees rights protection to do for the purpose
acceptance made.
Japan Germany and Norway experience learned
by
2030 without
management in their
councils women increase its share
to
30%
goal did ( current) (equivalent to 15% per day ).
Also, thanks to the Womenomics program last in years employment in the field women share
increasingly " Womenomics " is
Japan's former Prime Minister Shinzo Abe in 2013 started
economic strategy is, its purpose women work to the power attraction to do and gender equality
encouragement through economic growth The program
main directions
children care
8
Story Nakakubo , “Phase III” of the Japanese Equal Employment Opportunity Act, Japan Labor Review vol. 4, no.
3 (Summer 2007).
9
Act on Equal Opportunity and Treatment between Men and Women in Employment Act No. 113 of July 1, 1972//
https://www.japaneselawtranslation.go.jp/en/laws/view/4190/en
10
Zhou, Yanfei . 2016. "Is the Utilization of Maternal Leave Hindering the Surviving to Manage?" Japanese Journal
of Research on Household Economics 111: 53–62.
11
Kawaguchi, Akira. "Gender Difference in Ambition for Promotion." The Japanese Journal of Labor Studies. 2012-
620: 42–57.
12
Kawaguchi, Akira. "Gender Difference in Ambition for Promotion." The Japanese Journal of Labor Studies
2012.620: 42–57.
13
Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or
Other Family Members Act No. 76 of May 15, 1991//
https://www.japaneselawtranslation.go.jp/en/laws/view/3543/en
14
“ Womenomics ” in Japan//
https://asiapacificcurriculum.ca/learning-module/womenomics-japan
Volume 4, issue 2, 2025
234
infrastructure expansion ( e.g., children) kindergartens number reproduction ); women high to
positions lift for corporate quotas current to do and work in places flexible work graphs and
remote work opportunities from creating consists of.
“Ikumen” program
through men's parenthood vacation for compensation increased
to 80%.
As
a result, in 2022 this from privilege used men number Increased
by
14%.
DISCUSSION
Unfortunately, the state in politics labor gender equality in relationships provide according to
many affairs to be done regardless of men in 2023 to women relatively one kind of work for
22% more on average work right They took
. Women main part
part- time
performance and
high in positions women thigh lack of our vision possible.
Corporate in management women share only 15% (2023), G7 countries inside lowest score
was calculated. State in the offices women leaders share is 5.3% will reach
.
This problem solution to grow for the purpose government by Tokyo Stock Exchange starting in
2023 all to list taken to companies management in their councils at least 1 person woman
member to be necessity marked
.
In Japan relatively wide widespread discrimination status mainly women pregnancy or with
children that based on to work acceptance not to do or from work release
Japan
government the above into account received without New in Japan in 2020-2023 reforms period
Work has begun. time 45 hours per week not to exceed designation and remote to work
organization achievement for new encouraging programs current was done.
Last in years In Japan marriage, pregnancy, childbirth, childcare or personal life with related
other to the reasons according to women from work to relax forced what is happening into
account received without women's professional to life active attraction to be done to incentives
serious attention is being addressed. State by from sex strict look, all people professional and
personal life in the middle continuous balance provide, family women childcare for to do such
as own family obligations to do opportunity giving supportive the environment to create social is
being supported.
In Japan employees rights protection to do for work to the providers many
obligations
including work
providers women's professional activity for enough conditions creating
to give and women's professional to life active attraction to be completed encouragement
according to other initiatives done They are also required to work providers national or local
governments by labor relations according to acceptance done norms performance to provide
necessary. Japan legislation More than 100 permanent working workers was enterprises work
the giver general action plan working output and Health conservation, labor and prosperity the
ministry aware to do Need
. Actions in the plan work giver planning period, women's
professional to life active attraction to be completed encouragement
according to initiatives
done increase through achievable goals, initiatives details and them done increase deadlines to
show need.
15
MHLW Report on Parental Leave (2023)//
https://www.mhlw.go.jp/english/database/db-l/index.html
16
Gender wage issue//
https://www.oecd.org/en/topics/gender-equality.html
17
Gender Equality Bureau Cabinet Office (2023)//
https://www.oecd.org/en/topics/gender-equality.html
18
Tokyo Stock Exchange Guidelines//
https://www.jpx.co.jp/english/
19
"Duty to endeavor" in this same regard was also imposed on employers with 300 or less full-time employees, but
the 2019 revision of the law makes it mandatory for employers with more than 100 employees, effective April 2022
Volume 4, issue 2, 2025
235
Work giver enterprises starting in 2022 men and women work right between differences about
information announcement they do condition ( women) and men for average annual work right
every one simple worker and all workers for ratio display condition ).
Modern Gender -based discrimination in Japan discrimination the most wide widespread type
Japan
the economy globalization as a result national or racial affiliation according to
discrimination in the future further serious to the problem rotation possible. Gender -based from
discrimination outside serious of problems absence because of, Japan government labor in their
relationship men and women's equality to provide aimed at attempt new legislation current to
grow through to discrimination against legislation further to develop motivation giving very
important step It was. In general in short, the country labor in the legislation many in terms of
opposite was two models (Japanese and America ( successful ) integration done without whole
labor relationships system created. International on a scale forbidden discrimination almost all
types Japan in the legislation own on the contrary found, skin color, national come exit, family
obligations and to work incompetence from this except.
E. Molodyakova following opinion attention worthy : " Modern Japan labor of relations the most
effective model demonstration as seeing exit possible. Such of the event the reasons analysis
would do we are, traditions every always this of the state policy and in the economy big role
played let's not forget This is necessary. other countries by Japan of experience from the
elements use opportunity exception It is known that labor of relations efficiency many in terms
of legal base working issued and of laws unconditional execution providing mechanisms with is
determined "
.
CONCLUSION
Japan's state policy in combating discrimination in labor relations is considered an important
foundation for strengthening justice and equality in the labor market. The analysis presented in
this article demonstrates that discriminatory practices can be identified and eliminated through
legal and institutional measures, as well as through advanced technologies and innovative
approaches. Cooperation between the state, employers, and labor organizations, along with
effective monitoring and control mechanisms, significantly contributes to reducing instances of
discrimination.
Future reforms and new initiatives will help transform the labor market into a more inclusive,
competitive, and socially stable system. In this way, Japan's experience not only contributes to
improving its domestic labor relations but also serves as an advanced model on a global scale.
Japan's successful experience is a source of inspiration for other countries in shaping strategies to
combat discrimination. This model also creates a foundation for new reforms through
international cooperation and knowledge exchange.
Overall, Japan's state policy in combating discrimination in labor relations continues to create a
just and inclusive environment in the labor market through its advocated legal and technological
measures, as well as its strategy based on international cooperation. This lays the groundwork for
a comprehensive system of reforms aimed at ensuring more sustainable economic growth and
social integration in the future.
REFERENCES:
1.
THE
CONSTITUTION
OF
JAPAN
03.11.2025
//
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
20
Molodyakova E. Japan: zakonodatelnaya baza trudovykh otnosheniy / Chelovek i trud. 2001. No. 2. S. 68.
Volume 4, issue 2, 2025
236
2.
Kazuo Sugeno. Japanese Labor Law. Asian Law Series. University of Washington
School of Law. No. 11. P. 123.
3.
Labor
Union
Act
Act
No.
174
of
1949
//
https://www.cas.go.jp/jp/seisaku/hourei/data/lua.pdf
4.
Labor
Standards
Act
(Act
No.
49
of
April
7,
1947)//
https://www.irishstatutebook.ie/eli/1947/sro/200/made/en/print
5.
Anti-Discrimination Laws in Japan//
https://leglobal.law/countries/japan/employment-
law/employment-law-overview-japan/04-anti-discrimination-
laws/#:~:text=The%20Labour%20Standards%20Act%20prohibits,women%20with%20respect%
6.
Kazuo Sugeno . Japanese Labor Law. Asian Law Series. University of Washington
School of Law. No. 11. P. 131.
7.
Act on Equal Opportunity and Treatment between Men and Women in Employment Act
No. 113 of July 1, 1972//
https://www.japaneselawtranslation.go.jp/en/laws/view/4190/en
8.
Story Nakakubo , “Phase III” of the Japanese Equal Employment Opportunity Act, Japan
Labor Review vol. 4, no. 3 (Summer 2007).
9.
Act on Equal Opportunity and Treatment between Men and Women in Employment Act
No. 113 of July 1, 1972//
https://www.japaneselawtranslation.go.jp/en/laws/view/4190/en
10.
Zhou, Yanfei . 2016. "Is the Utilization of Maternal Leave Hindering the Surviving to
Manage?" Japanese Journal of Research on Household Economics 111: 53–62.
11.
Kawaguchi, Akira. "Gender Difference in Ambition for Promotion." The Japanese
Journal of Labor Studies. 2012-620: 42–57.
12.
Kawaguchi, Akira. "Gender Difference in Ambition for Promotion." The Japanese
Journal of Labor Studies 2012.620: 42–57.
13.
Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of
Workers Caring for Children or Other Family Members Act No. 76 of May 15, 1991//
https://www.japaneselawtranslation.go.jp/en/laws/view/3543/en
14.
“Womenomics
”
in
Japan//
https://asiapacificcurriculum.ca/learning-
15.
MHLW Report on Parental Leave (2023)//
https://www.mhlw.go.jp/english/database/db-
16.
Gender wage issue//
https://www.oecd.org/en/topics/gender-equality.html
17.
Gender Equality Bureau Cabinet Office (2023)//
https://www.oecd.org/en/topics/gender-
18.
Tokyo Stock Exchange Guidelines//
https://www.jpx.co.jp/english/
19.
"Duty to endeavor" in this same regard was also imposed on employers with 300 or less
full-time employees, but the 2019 revision of the law makes it mandatory for employers with
more than 100 employees, effective April 2022
20.
Molodyakova E. Japan: zakonodatelnaya baza trudovykh otnosheniy / Chelovek i trud.
2001. No. 2. S. 68.
