Here is the Bookmark to the 2025 articles.
NEW MHLW ANNOUNCEMENTS TO DATE IN 2026 (Reiwa 8)
As always, this is a simple summary of selected changes, updates and trends in Japanese labor law as it impacts employer compliance obligations. Also, as always, please check with your local “Sharoushi” or Labor and Social Welfare Attorney for details to ensure compliance with Japane Labor Law.
Please see Cautionary Note at the end of the page – as readers should rely exclusively on these materials for their compliance obligations.
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JANUARY 2026
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There are the headlines – details follow below.
Jan 6. The MHLW (Ministry of Health, Labor and Welfare) has revised and published the Model Employment Rules. Note the critical importance of every company in Japan preparing and submitting to the MHLW its “Work Rules / Rules of Employment” These set out all critical aspects of companies’ obligations to employees, upon which any employee/employer dispute will be based and resolved.
Jan 7. The Immigration Bureau and the MHLW released explanatory materials on the transitional measures associated with the implementation of the foreign technical training system. Japan’s Technical Intern Training Program (TITP) is a government-backed system bringing young workers from developing countries to Japan for up to five years to learn advanced Japanese technology and skills, with the goal of providing labour in Japana and contributing to their home countries’ development after they return home.
Jan 14. PIP (Personal Information Protection) Review of the “Personal Information Protection Act, the so-called system revision policy for review every three years”. PIP is of rapidly growing importance and concern in Japan and globally. This regular review should be monitored to ensure employers and all companies are compliant.
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Jan 6. The MHLW revised and published model employment rules.
Published source materials can be found here.
Https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/koyou_roudou/roudoukijun/zigyonushi/model/index.htm
The website lists the following three main revisions. Regulations on leave for running for members of the Diet or local council, an introduction to other special leaves, such as leave for the recovery of damage for crime victims, etc. and various other necessary amendments reflecting the revision of the law.
Examples of the revisions (new versions only are shown) of more common working rules are as follows.
Procedures for creating and changing employment rules”: At the time of preparation and change of employment rules, a person who was elected by voting, raising hands, etc., which makes it clear that the employer will elect a person whose opinion will be heard, and not selected based on the employer’s intention.
“Article 7 Explicitation of Working Conditions”
……The following items from (1) to (7) (excluding matters related to salary increases) must be specified by issuing a written document in principle, and for items in (2), there is a possibility of updating the labor contract (fixed-term labor contract) with a specified period. In some cases, items in (7) must be specified when it is possible to apply for indefinite conversion (see Chapter 9 for details) during the contract period of the renewal of the term labor contract (Article 15 of the Labor Basics Act, Article 5 of the Labor Basic Rules).
(1) Matters related to the term of the labor contract
(2) Matters related to the criteria for renewing a fixed-term labor contract (including the upper limit if there is an upper limit for the total contract period or the number of renewals of fixed-term labor contracts.)
(3) Matters related to the place of employment and the work to be engaged in (including the place of employment and the scope of changes in the work to be engaged in.)
(4) Matters related to the change of work time in the case of starting and closing time, the presence or absence of work exceeding the prescribed working hours, break time, holidays, leave, and working by shift system
(5) Wages (excluding retirement allowances and wages paid temporarily, etc.) Decision, calculation and payment method, wage deadline and payment time, and matters related to salary increase
(6) Matters related to retirement (including the reason for dismissal.)
(7) Matters related to the application for indefinite conversion (including working conditions after indefinite conversion).
“Article 24 Annual paid leave granted on an hourly basis”
5. Annual leave on an hourly basis is not allowed as a planned grant under the provisions of Article 39, Paragraph 6 of the Labor Base Act, or as a seasonal designation under the provisions of Paragraph 7 of the same Article.
“Article 40 Surcharged Wages”
2. If the prescribed working hours specified by the company are shorter than the statutory working hours, the normal working hours shall be normal working hours unless there is a contract to pay extra wages as a measure that exceeds the prescribed working hours and reaches the statutory working hours. You can pay the wages of.
3. In the case of a monthly salary system, the hourly wage, which is the basis for calculating the extra wage is the basic salary and allowance (in the case of the example of this regulation, the role allowance, skill and qualification allowance, and attendance allowance apply. Allowances that can be excluded from the basis for calculating extra wages, such as family allowances and commuting allowances, are excluded.) The total is calculated by multiplying by the number of working hours per month (however, if the number of working hours varies by month, the average number of working hours per month per year). In addition, in the case of hourly wages, the hourly amount is the hourly wage (Article 19 of the Labor Rules).
4. Wages that can be excluded from the calculation basis of surcharged wages include family allowances and commuting allowances, as well as wages paid temporarily, such as separation allowances, child education allowances, housing allowances, retirement benefits, and wages paid every period of more than one month. (Article 37, Paragraph 5 of the Labor Base Act, Article 21 of the Enforcement Regulations of the Act) must be judged not only by the name, but by its substance.
5. “A person in a position of supervision or management” (hereinafter referred to as “management supervisor”) specified in Article 41, Item 2 of the Labor Base Act. According to the same article, the provisions on working hours, breaks and holidays do not apply, while the application of the provisions on late-night work is not excluded. For this reason, there is no problem with the payment of extra wages for overtime work or holiday work, but you must pay extra wages for late-night work.
For overtime work exceeding 60 hours in June, the surcharge rate is more than 50%. However, for small and medium-sized enterprises, the increase will be postponed until March 31, 2020, and the part of overtime work exceeding 60 hours per month is also 20% and 5 minutes or more. Whether or not it falls under a small and medium-sized enterprise that has been deferred from application is determined by the “amount of funds contributed or the total amount of investment” and “the number of workers who are always employed”. If there is no concept of capital or investment in a social welfare corporation, etc., it will be judged only by the number of workers.
6. For overtime work exceeding 60 hours in February, the surcharge wage rate is more than 50%.
In addition, the calculation of 60 hours per month does not include the number of hours worked on statutory holidays, but the number of overtime hours worked on non-legal holidays is included.
The surcharge rate for overtime work, holiday work, and late-night work, including the surcharge rate for overtime work exceeding 60 hours in March, must be included in the employment rules.
When signing the Sansi Agreement with special provisions, overtime work beyond the time limit (45 hours per month, 360 hours per year (42 hours per month, 320 hours per year for workers who apply the modified working hours system on a yearly basis)) under special circumstances If a special surcharge rate (a surcharge rate that exceeds the statutory surcharge rate) is established for overtime work that exceeds the time limit, it must also be included in the employment rules.
(Omitted. 4 to 6 are the same as 2 to 4 in the July 2020 version)
7 For management supervisors, the provisions on working hours, breaks and holidays shall not apply, while the provisions on late-night work shall not be excluded. For this reason, there is no problem with the payment of extra wages for overtime work or holiday work, but you must pay extra wages for late-night work.
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Jan 7. The Immigration Bureau and the MHLW released explanatory materials on the transitional measures for technical training associated with the implementation of the training system.
Published Source Materials can be found here:
Foreign technical training system
Https://www.moj.go.jp/isa/applications/titp/nyuukokukanri05_00014.html
About the foreign technical training system
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/koyou_roudou/jinzaikaihatsu/global_cooperation/inde X.html
Specifically, the following measures will be taken:
1. Cases of continuing technical practice
→ Based on the technical practice plan that has been certified before the enforcement date of the Training and Employment Act (April 1, 2020), those who have been doing technical training as of the enforcement date can continue to conduct technical training while remaining as a residence status of “technical practice” after the effective date.
2. Cases where technical practice begins after the enforcement date
→ Those who have been certified for the technical practice plan and issued a certificate of eligibility for residence before the enforcement date must enter the country by June 30, 2020.
→ If the technical training plan applied before the enforcement date is certified after the effective date, the technical training plan to be applied for must be before June 30, 2020, and in principle, it is necessary to enter the country by the same day.
3. Transition to the next stage of technical practice
→ Those who have completed technical practice No. 1 after the effective date can continue to proceed with technical practice No. 2
→ In order to proceed to technical practice No. 3 after the enforcement date, it is necessary to have conducted technical training No. 2 for more than 1 year as of the enforcement date.
4. Changes to the technical practice plan and suspension and resumption of practice
→ If it is necessary to change the technical practice plan after the enforcement date, you can receive change certification of the technical practice plan, and you can conduct technical training based on the changed technical training plan.
5. Renewal of the period of stay
→ Those who are residing with the residence status of “technical practice” as of the enforcement date and those who enter the country with the residence status of “technical practice” after the enforcement date can continue to receive the renewal of the period of stay of “technical practice” after the effective date.
→ Those who apply for an renewal of the period of stay before the enforcement date are eligible for renewal of the period of stay even after the enforcement date.
6. Change of status of residence
→ Those who are residing with the residence status of “technical practice” as of the enforcement date and those who enter the country with the residence status of “technical practice” after the enforcement date can change their status of residence from technical training No. 1 to No. 2 to No. 3 even after the effective date. In addition, if you change your status of residence other than “technical practice” after the effective date, you will not be eligible for a change of status of residence to “technical practice”
→ Those who apply for a change of status of residence before the enforcement date are subject to change of status of residence even after the enforcement date.
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Jan 14. PIP (Personal Information Protection) revision policy for review every three years”.
Supporting source materials are found here.
http://www.ppc.go.jp/personalinfo/3nengotominaoshi/#next_steps
This is the “Aim to obtain and submit the amendment to the Personal Information Protection Act as soon as possible” proposed by the committee in the government’s “Basic Policy on the Data Utilization System (Cabinet Decision on June 13, 2026)”
The following four policies are broadly shown: Promotion of proper data utilization; Discipline that responds appropriately to risks; Prevention of improper use, etc., and Discipline to ensure the effectiveness of discipline compliance.
The specific contents are as follows.
1. Promotion of proper data utilization
Acquisition of personal information provided by third parties such as personal data and public personal information
→ If it is only used to create statistical information, etc., the consent of the person is not required.
Regulations on non-purpose use, personal information acquisition and provision to third parties
→ In the case of a treatment that does not harm the rights and interests of the person in order not to go against the will of the person in the case of the acquisition situation, the consent of the person is not required.
→ To alleviate the requirements for obtaining consent difficulties when dealing with the protection of life, etc. or the improvement of public health, etc.
→ Make it clear that “academic research institutions, etc.” that are subject to academic research exceptions include institutions or organizations that aim to provide medical care
2. Discipline that responds appropriately to risks
If a person under the age of 16 is the person
→ It is clear that the acquisition of consent and notifications, etc. are subject to the legal representative of the person concerned, and the requirements for the suspension of the use of the personal data held by the person in question are relaxed, and the best interests of the person in the handling of personal information, etc. of minors, etc. Establish a liability regulation that should be prioritized and considered
Face feature data, etc.
→ Make it mandatory to publicize certain matters related to handling, relax the requirements for claims such as suspension of use, and prohibit third-party provision based on the opt-out system
Businesses entrusted with data processing, etc.
→ Review the obligations related to the proper handling of entrusted personal data, etc.
In the event of leakage, etc.
→ If there is little risk of lack of protection of the rights and interests of the person, relax the obligation to notify the person
3. Prevention of improper use, etc.
→ Prohibit inappropriate use and illegal acquisition of information that is not personal information but can be used for specific individuals
→ For the system (opt-out system) that allows third parties to provide without consent, etc., such as stopping the provision at the request of the person, it is mandatory to confirm the identity of the provider and the purpose of use.
4. Discipline to ensure the effectiveness of discipline compliance
→ You may review the requirements of the order so that you can promptly request the correction of the violation, and you may also recommend or order to take the necessary measures to protect the rights and interests of the person, such as notifying or publishing the facts related to the violation against the person. Noh
→ Establish a basis for requesting a third party who assists in the violation to take the necessary measures to stop the violation.
→ Penalties related to the unauthorized provision of personal information databases, etc. Acts for the purpose of providing harm will also be subject to punishment, and the statutory penalty will be raised, and penalties will be established for acts that illegally acquire personal information through fraudulent acts, etc.
→ In order to effectively deter malicious violations due to the handling of a large amount of personal information with economic inducement, it is equivalent to the property benefits obtained from such violations in cases where individual rights and interests are violated due to serious violations. To order the payment of the surcharge of the amount
Among the above, the idea of review is shown for “businesses that have been entrusted with data processing, etc.”, and the concept of review is shown to develop a discipline tailored to the actual situation of the entrustment.
Current system and issues
・The number of cases where the handling of personal data, etc. is substantially dependent on third parties is increasing.
・In addition, the supervision of the consignor by the consignor does not function sufficiently, and the subcontractor uses personal data, etc. independently beyond the scope of the entrusted business.
・On the other hand, there are cases where the contractor does not decide how to handle it, among the cases where the entrusted party itself does not decide how to handle it.
→ Develop disciplines tailored to the actual situation of the consignment
Institutional thinking
・The obligation to be imposed on the entrusted person to handle is not to be handled beyond the scope necessary for the performance of the entrusted business beyond the specified provisions.
・However, in cases based on laws and regulations and in cases of urgent need such as rescue of human life, the subcontractor shall exceptionally use it at its own discretion.
・Other hand, in the case that the subcontractor himself does not decide the handling method (Note 1), the consignment contract agrees on all the handling methods, and the measures necessary for the subcontractor to grasp the handling situation at the consignor, etc. (Note 2) If it is agreed, the contractor in question shall be exempted from the application of each obligation provision in Chapter 4 of the Act in principle.
(Note 1) When the subcontractor only mechanically handles personal data, etc. in the manner instructed by the consignor (when the subcontractor is entrusted with data entry work and performs mechanical input work according to the instructions of the consignor, etc.)
(Note 2) It is assumed that the subcontractor will promptly report it to the client when it is aware that leakage has occurred, but other specific contents are based on the purpose of the revision so that the system can be operated smoothly, the committee rules Assuming that it will be stipulated by etc.
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CAUTIONARY NOTE ABOUT THESE MATERIALS
As a Japanese Sharoushi (Certified Japanese Labor and Social Security Attorney), Verse Corporation endeavors to prioritize and accurately summarize recent government introductions and updates to labor law and Social Welfare Guidelines. However, we do not accept any responsibility for inaccuracies in our materials, nor for any consequences of readers relying on our materials.
Verse Corporation publishes articles on timely issues in Japanese Social Welfare and Labour Law. Japanese payroll, source deductions, and all labor law work & pay rules regarding compensation, social insurance, absenteeism & sick leave, etc. require strict adherence. Labor/employment law can be complex, even for Japanese companies, and must be handled mostly in Japanese. As with all social welfare and labor law matters in Japan, please seek out professional Sharoushi (Certified Labor and Social Security Attorney.)
The bulk of the Japanese Ministry of Health, Labor and Welfare (MHLW) announcements are in Japanese. There are some general materials on the English site, however it tends to
reflect only basic information. Please always seek out a local Japanese Sharoushi for an accurate interpretation of these complex rules and laws.
In our External Resources you will find links to a select number of trusted Japanese and global resources addressing Japanese labor law, workplace Employer responsibilities and trends, etc.
