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, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...

was nearing its end, on 26 July 1945, Allied leaders

Winston Churchill Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from 1940 to 1945 during the Second World War, and again from ...

, Harry S Truman, and

Chiang Kai-shek Chiang Kai-shek (31 October 1887 – 5 April 1975), also known as Chiang Chung-cheng and Jiang Jieshi, was a Chinese Nationalist politician, revolutionary, and military leader who served as the leader of the Republic of China (ROC) from 1928 ...

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, Uni ...

, 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 right to freedom of expression has been recogni ...

, of

religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatur ...

, and of thought, as well as respect for the fundamental

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...

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, bringing the war's hostilities to a close. By the end of July 1945, the Imperial Japanese Navy ( ...

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, 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
/ref>

Notes

External links