Employment Regulations
Chowa Giken Corporation
General Rules
These Regulations stipulate the service duties and other working conditions of employees of Chowa Giken Corporation (hereafter, “employees”) in order for Chowa Giken Corporation (hereafter, “the Company”) to achieve its corporate objectives and also contribute to society at the same time. Employees must fully understand the Company’s management policies and social nature, strive to fully obey the items stipulated by these provisions while engaged in work, and endeavor to develop the Company.
Article 1: Objectives
The objectives of these Regulations are to clarify the working conditions of employees and maintain workplace discipline, and to stipulate all items related to these objectives.
Article 2: Employee definitions
The word “employees” in these Regulations refer to persons who have signed an employment contract with the Company.
Article 3: Types of employees
The types of employees are as follows.
(1) Regular employee
Persons other than contract employees and part-timers who are employed according to a contract with no set period of employment
(2) Contract employee
Persons employed for a specific period of time and for specific work.
(3) Part-timer
Persons employed according to a contract stipulating amounts of working hours and work days that are less than a regular employee.
Article 4: Scope of application
These Regulations are applicable to employees prescribed by the previous Article (hereafter, “employees”). However, Articles 22 (Leave of absence) and 53 (Special leave) do not apply to persons other than regular employees of item (1) of the previous Article.
Article 5: Exemptions
Although the provisions of these Regulations apply in principle to the working hours, breaks, and holidays of persons corresponding to any of the following items, persons corresponding to item (1) must manage such items independently for him or herself.
(1) Persons in a management or supervisory position
(2) Persons the Company has specified as a person handling confidential matters
Article 41 of the Labor Standards Act shall apply in these cases.
2 The provisions of Articles 45 (Overtime work) and 46 (Holiday work) do not apply to persons corresponding to either of the items of the previous paragraph.
Article 6: Obligation to comply with regulations and notification procedures
Employees must comply with all regulations of these Regulations and otherwise prescribed, faithfully fulfill the corresponding obligations, and correctly exercise the corresponding rights.
2 Notification procedures prescribed by the provisions of these Regulations, and other rules and regulations accompanying these Regulations must be performed by the employee him/herself by the specified deadline unless there is a special reason.
3 Violation of the provisions of the previous paragraph may result in the corresponding notification not being accepted.
Article 7: Methods for calculating years of service/age
Years of service is calculated from the day an employee starts working at the Company until the current date (retirement/resignation date for retiring/resigning personnel, and dismissal date for dismissed personnel). Fractions less than one year are rounded off.
2 The following periods shall not be included when calculating the years of service.
Periods when absent from work, off-the-job injury or illness, suspended from work due to disciplinary measures according to these Regulations, and child and nursing care leave
3 Full-year age (in the Western age calculating system) shall be added the day before one’s birthday as prescribed by the “Act on Calculating Age”.
4 Sunday shall be the initial day for weekly calculation.
Article 8: Changes in working conditions
Changes to working conditions and service discipline prescribed by these Regulations may be made according to the procedures for changing work regulations if it is necessary for work such as legal revisions, changes in Company conditions, or changes in the business operations or methods of the Company.
Human affairs
Section 1 Employment
Article 9: Employment
The Company shall employ persons who apply to work for the Company (applicants) and pass the screening test as employees.
Article 10: Employment screening
Persons who apply to work for the Company must submit the documents indicated by the following items. However, some of these may be omitted if specially deemed as not required for submission by the Company.
(1) Résumé (CV) (A photo of the applicant taken within three months of the application date must be attached. Written by hand by the applicant if possible.)
(2) Work history
(3) Health examination certificate (Must be created within three months of the application date)
(4) Academic transcript from the last school attended (only for employment of new graduates)
(5) Diploma or certificate of expected graduation from the last school attended (only for employment of new graduates)
(6) Relevant certificates of qualification
(7) Other documents specified by the Company
Article 11: Employment contract and indication of working conditions
New employees must sign an individual employment contract with the Company before starting work, and upon signing this employment contract, the Company shall provide the new employee with a working conditions notification/employment contract and these Regulations, and inform the employee of the following working conditions.
(1) Period of labor contract
(2) Employment location and corresponding duties
(3) Times at which work starts and ends, existence of work that is outside of the specified work hours, break times, holidays, and leave
(4) Methods of determination, calculation and payment of wages, and salary closing and payment dates
(5) Retirement age, reasons for resignation, resignation procedures, reasons for dismissal, and dismissal procedures
Article 12: Documents submitted upon employment
Persons employed as employees must submit the following documents within 14 days after being employed. However, some of these may be omitted if specially deemed as not required for submission by the Company.
(1) Written pledge upon employment when joining the Company (Company-specified form)
(2) Fidelity guarantee (Company-specified form)
(3) Employment information sheet (Company-specified form)
(4) Dependents application (Company-specified form)
(5) Application for (change in) exemption for dependents of employment income earner
(6) Individual number card, notification card, or Certificate of Items Stated in Resident Register indicating the individual number (If presenting the individual number card or notification card, the actual document must be presented)
(7) Certificate of income and withholding tax (only for persons with previous employment)
(8) Employment insurance certificate (only for persons with previous employment)
(9) Pension handbook or document showing the basic pension number
(10) Other documents required by the Company
2 Employment may be deemed to have been declined if the specified documents are not submitted by the specified deadline.
Article 13: Obligation to provide notification of changes to personal information
Employees must notify the Company of any change to any of the following items previously declared to the Company within 14 days from the date the change is necessitated by using the Company-specified form to describe the corresponding changed item. Documents and other items related to the changed item from among the submitted documents prescribed by the previous Article must be attached when submitting this notification.
(1) Name of the employee or family member
(2) Family composition
(3) Current address, home or mobile phone number
(4) Commuting route
(5) Academic history
(6) License or certification held by the employee
(7) Other items required by the Company
Article 14 Guarantors
The guarantors must, in principle, consist of two adult Japanese citizens, be the employee’s parents or persons who have an independent source of income, and have been deemed appropriate by the Company. However, it is not necessary to specify them if specially deemed as not required by the Company.
2 The guarantee period of a fidelity guarantee contract is five years.
3 The Company shall promptly notify the guarantors should any of the following matters apply.
(1) The Company is notified that the guarantors may bear liability due to the employee’s incompetence or dishonesty in regards to one’s duties
(2) The guarantors may likely bear great liability or corresponding supervision become difficult due to a change in the employee’s position or post
4 The guarantors may terminate the fidelity guarantee if notified of either of the circumstances of the previous item.
Article 15 Change of guarantors
The employee must immediately procure new guarantors and submit a fidelity guarantee to the Company should any of the following matters apply. However, the period of the fidelity guarantee must be for the remaining duration of the previous fidelity guarantee.
(1) Death of a guarantor
(2) The guarantors are lost due to termination of the fidelity guarantee
(3) The guarantors no longer satisfy the conditions of paragraph 1 of the previous Article
2 Employees must notify the Company whenever a guarantor changes his/her address or name.
Article 16 Trial period
Employees who are employed according to Article 8 (Employment) shall be subject to a three-month trial period starting from the date employed.
2 Depending on the circumstances, the trial period may be reduced or it may be extended for up to one year from the date employed. The corresponding employee must be informed of an extension by at least two weeks prior.
3 Employees who fall under any of the following matters and are deemed unfit to continue working as an employee during or at completion of the trial period shall not be permanently employed accordingly.
(1) It is established that items indicated on documents submitted during screening or at employment, or details orally communicated by the employee during screening are considerably different from the actual conditions, or the employee has concealed a prior illness that could prevent the execution of one’s duties
(2) Improper speech or conduct, or it is determined that the employee lacks a spirit of cooperation in the workplace
(3) Arriving late without a valid reason or permission
(4) Absence from work without a valid reason or permission
(5) Any circumstances related to the reasons for “dismissal” as prescribed by these Regulations
(6) Any reason similar to those stipulated by the items above
4 Aptitude for one’s duties and similar items shall be comprehensively evaluated during the employee’s trial period in order to determine whether the employee is employed permanently. Determination of permanent employment shall be made by the end of the trial period. If given permanent employment, the trial period shall be included when calculating the years of service.
5 Working conditions and related items during the trial period shall be separately prescribed.
Section 2 Personnel changes
Article 17 Training
The Company may order employees to undergo training (including training related to general knowledge and training camps) that serves as routine guidance and instructions.
Article 18 Business trips and transfers
The Company may order employees to take business trips or transfer position that serve as routine guidance and instructions. Under these circumstances, employees may not refuse such an order unless a justifiable reason is given.
2 Business trips and transfers refer to a temporary change of an employee’s duties with no change to working conditions.
Article 19 Changes in duties
The Company may order changes to the duties performed by an employee if considered necessary for business operations. Under these circumstances, employees may not refuse such an order unless a justifiable reason is given.
2 Changes to duties refer to long-term changes of an employee’s duties together with changes to working conditions.
3 Employees who receive an order as indicated in paragraph 1 must complete the handover of duties within the specified number of days starting from the day after the order is given.
Article 20 Change to regular employment
Persons who have worked continuously for six months or more may change to regular employment at his/her request.
2 The timing for such a change shall be on an as needed basis.
3 Persons who can work for the same working hours and days as regular employment
4 Persons who want to change to regular employment are required to pass an interview test with the Representative Director and similar conditions
Article 21 Change to indefinite-term employment
Persons who have worked continuously for six months or more may change to indefinite-term employment at his/her request.
2 The timing for such a change shall be on an as needed basis.
3 Persons who can work for the same working hours and days as indefinite-term employment
4 Persons who want to change to indefinite-term employment are required to pass an interview test with the Representative Director and similar conditions
Section 3 Leave of absence
Article 22 Reasons for leave of absence
Employees shall be ordered to take leave of absence should any of the following matters apply. However, cases where there is no expectation of reinstatement are exempted.
(1) The employee suffers injury or illness outside of work (hereafter, “personal injury/illness”) resulting in absence from work exceeding one month (including holidays during the period of absence) and the employee does not recover from the injury/illness. “Recovery” in this case refers to the employee recovering sufficiently to be able to perform the same daily duties as his/her normal duties before the injury/illness.
(2) The employee is deficient in providing labor due to a mental ailment and has not recovered from this ailment, such that the Company determines that the ailment is interfering with the employee’s duties
(3) The employee is loaned out by order of the Company
(4) The employee requests leave due to personal reasons and it is granted by the Company
(5) In addition to the items above, the Company deems that an employee should be placed on leave due to special conditions
2 Wages shall not be paid during the period of leave of absence. However, this shall not apply if the reasons for leave of absence correspond to item (3) of the previous paragraph.
3 The insured status under social insurance of the employee shall continue during the period of leave of absence. The method for collecting the amount of the social insurance premiums paid by the employee during the period of leave of absence shall be according to the Leave of Absence Agreement.
Article 23 Periods of leave of absence and the handling of such
The period of leave of employees ordered to take leave of absence as prescribed in paragraph 1 of the previous Article shall be specified with the following periods used as maximums.
For items (1) and (2) of paragraph 1 of the previous Article
Period of continuous service
Period of leave of absence
Continuous service is less than 3 years
1 month
Continuous service is 3 to 4 years
2 months
Continuous service is 5 years or more
3 months
(2) For item (3) of paragraph 1 of the previous Article: Period of the loan
(3) For items (4) and (5) of paragraph 1 of the previous Article: Period as deemed by the Company
2 Notwithstanding the provisions of the preceding paragraph, the Company may extend the period if it deems it is specially required.
3 The Company may order the employee to submit documents capable of verifying the reason for the leave of absence. If the reason for the corresponding leave of absence is personal injury/illness, the Company may order the submission of a medical certificate from a doctor specified by the Company in order to determine whether the employee leave is necessary. In such cases, this cannot be refused by the employee without a valid reason.
4 Among the documents of the previous paragraph, items limited by a term of validity must be newly submitted when the term of validity ends, and the medical certificate from a doctor must be newly submitted when the period for which work is prohibited indicated on the medical certificate ends.
5 Employees ordered to take leave of absence corresponding to items (1) and (2) of paragraph 1 of the previous Article who are reinstated before the leave period ends and are then absent from work again within 30 days after reinstatement for the same or similar reason as the initial leave shall be ordered to take leave of absence. In such cases, the period of leave of absence shall be uninterrupted and an approximately equivalent period shall be added to the total.
6 The period of leave of absence shall not be included when calculating the years of service except in the case of item (3) of paragraph 1 of the previous Article.
7 The costs related to the medical certificate of a doctor up to the previous paragraph shall be borne by the employee in principle.
Article 24 Reinstatement
If the reason for the leave of absence disappears during the period of leave, the employee may promptly submit a request for reinstatement and shall be reinstated if the Company determines that reinstatement is proper by approving the request.
2 If the reason for leave of absence corresponds to items (1) or (2) of paragraph 1 of Article 22 (personal injury/illness, or mental ailment), the Company may order the employee to submit a certificate indicating recovery (medical certificate) from a doctor in order to determine whether reinstatement is appropriate. If the Company requests an inquiry by personal interview with the doctor who issued the medical certificate, the employee must cooperate with such actions.
3 Even if the medical certificate of the previous paragraph is submitted, the Company may order the submission of a certificate indicating recovery (medical certificate) from a doctor specified by the Company. If, in such cases, this is refused by the employee without a valid reason, the Company may not use the medical certificate submitted by the employee for reference in determining whether the cause of the leave of absence has disappeared.
4 The costs related to the medical certificate of a doctor up to the previous paragraph shall be borne by the employee in principle.
5 Employees who are reinstated shall, in principle, perform the same duties as before the leave of absence. However, if this is not possible, the employee may be assigned to duties different from those before the leave of absence.
6 When the period of leave of absence expires, the employee shall, as a matter of course, resign on the day the period of leave of absence expires.
Section 4 Resignation (retirement) and dismissal
Article 25 Resignation by matter of course
An employee shall be considered to resign on the day any of the following actions occur and shall lose his/her status as an employee on the following day.
(1) Death of the employee
(2) Period of leave of absence expires
(3) Becomes a director
(4) Does not contact the Company for seven days and the employee’s address or whereabouts is unknown
Article 26 Resignation by mutual agreement
An employee who wants to resign must notify the Company beforehand through his/her direct superior of said desire at least two months prior to the intended date of resignation.
2 The Company shall, in principle, approve a request to resign if a resignation notification is submitted to the employee’s direct superior at least 30 days prior to the intended date of resignation.
3 A resignation notification that is not submitted at least 30 days prior to the intended date of resignation according to paragraph 2 may still be approved depending on the circumstances.
4 An employee who intends to resign must obey the following provisions.
(1) The employee must complete the handover of duties performed previously up to the date of resignation to the employee who will be responsible for said duties, and must not interfere with said duties.
(2) The employee must follow any instructions from the Company regarding one’s duties and related matter until the day of resignation.
Article 27 Voluntary resignation
If a resignation notification is not approved by the Company, the employee may end his/her contract and resign according to the provisions of Article 27 paragraph 2 of the Civil Code.
2 An employee who voluntarily resigns must obey the following provisions.
(1) The employee must complete the handover of duties performed previously up to the date of resignation to the employee who will be responsible for said duties, and must not interfere with said duties.
(2) The employee must follow any instructions from the Company regarding one’s duties and related matter until the day of resignation.
Article 28 Mandatory retirement
The day of mandatory retirement of an employee shall be the last day of the month of the date when the employee becomes 65 years old, and the employee shall lose his/her status as an employee on the following day.
Article 29 Normal dismissal
An employee to whom any one of the following matters is applicable shall be subject to normal dismissal by the Company.
(1) Deemed as unfit for his/her duties due to poor work performance or capabilities
(2) Deemed as failing to achieve his/her work responsibilities as an employee due to poor work circumstances
(3) Interference with business operations occurs due to lack of a spirit of cooperation with other employees
(4) Failure to acquire the knowledge and skills required by the Company
(5) Refusal of loan, transfer, or change in type of work, or change in position due to office organization without a valid reason
(6) Deemed to be unable to perform one’s duties due to a mental or physical impairment
(7) The Company can no longer continue operating, and ceases or discontinues business
(8) It becomes necessary for the Company to reduce or change its operations, or to close the employee’s department due to unavoidable circumstances, and it is difficult to transfer the employee to other duties
(9) Other reasons equivalent to the items above
Article 30 Notice of dismissal
If an employee is dismissed according to the provisions of the previous Article, the employee shall be notified 30 days prior to the date of dismissal, or shall be provided with 30 days of his/her average wage as severance pay in lieu of an advance notice and dismissed the same day. However, an employee shall be dismissed without a notice of dismissal or severance pay in lieu of an advance notice should any of the following matters apply.
(1) The Company receives approval to omit a notice of dismissal from the administrative authority in cases where the cause is attributable to the employee
(2) The Company receives approval from the administrative authority in cases where operations cannot be continued due to extraordinary disaster or similar circumstances
2 The number of days of the notice of dismissal of the previous paragraph may be reduced to only the number of days for which the average wage is paid.
Article 31 Restrictions on dismissal
An employee shall not be subject to dismissal for the period of a leave or during the 30 days after said leave if the purpose of the leave is to recover from a job-related injury or illness, with the same exemption from dismissal (during leave and for 30 days after) applying to women on maternity leave according to the provisions of Article 65 of the Labor Standards Act. However, this restriction does not apply should any of the following matters apply.
(1) The Company pays compensation for discontinuance according to Article 81 of the Labor Standards Act
(2) Injury and disease compensation is received from worker’s accident compensation insurance or received after the same day in cases where recovery from a work-related injury or illness is not achieved during a period of more than three years from the start date of medical treatment
(3) Approval of the director of the labor standards office concerned is received in cases where operations cannot be continued due to a natural disaster, extraordinary event, or other unavoidable reason
2 The Company shall not dismiss or otherwise treat employees in a disadvantageous manner for reasons of an employee requesting or being granted family or childcare leave.
3 The Company shall not dismiss a female employee for becoming married. The Company shall not dismiss or otherwise treat female employees in a disadvantageous manner for reasons of becoming pregnant, childbirth, or any related reason.
Article 32 Obligation of retiring/resigning employees
Persons who have been determined to lose employee qualification due to retirement/resignation or dismissal, must return all items lent by the Company, as well as all data files, software, hardware, and similar items by the day prescribed by the Company, and pay off any remaining debt to the Company if present.
2 Items lent by the Company of the previous paragraph refer to the following items.
(1) Health insurance card
(2) Employee ID
(3) Business cards with the employee’s name
(4) Money lent by the Company
(5) Other items lent by the Company
3 Together with the items indicated in paragraph 2, the employee must submit a written pledge regarding obligations of confidentiality and non-competition after retirement/resignation to the Company.
Section 5 Certificates upon resignation
Article 33 Certificate of resignation
The Company shall promptly provide a certificate for the following matters if so requested by an employee upon retirement/resignation or dismissal.
(1) Period of employment
(2) Type of work performed
(3) Position in the Company
(4) Salary
(5) Reason for resignation or dismissal
2 The certificate indicated in the preceding paragraph shall only indicate the matters from among items (1) to (5) that are requested by an employee who has retired/resigned or was dismissed.
Article 34 Certificate of dismissal reason
A dismissed employee may request a certificate of dismissal reason from the day he/she is notified of the dismissal until the date he/she leaves the Company and the Company shall provide the employee with a certificate indicating the corresponding reason. If the corresponding employee requests a certificate regarding only the fact of dismissal, the Company shall provide the employee with a certificate indicating only that fact.
2 The Company shall not issue a certificate of dismissal reason if a dismissed employee resigns for a reason other than that of the dismissal during the period after the date of the dismissal notification.
Work
Section 1 Working hours and breaks
Article 35 Designated working hours, work start and end times, and break time
The designated working hours of this Company are eight hours per day minus 60 minutes of break time with the work start and end times, and break time as follows.
Work start time
9:00 AM
Work end time
6:00 PM
Break time
60 min. from 12:00 noon
2 The work start and end times of the preceding paragraph refer to the times at which work starts (start of practical operations) and at which work ends (end of practical operations).
3 Regardless of the provisions of paragraph 1 of this Article, the Company may sign a labor-management agreement prescribing the following items related to the flextime system as based on Article 32-3 of the Labor Standards Act allowing the corresponding workers to determine their own start and end hours. This agreement may be signed with a labor union in cases where there is a labor union organized by a majority of the workers at the workplace, or with a person representing more than half the workers in cases where such a labor union organized by a majority of the workers at the workplace does not exist.
(1) Scope of workers subject to the agreement
(2) Settlement period
(3) Total working hours in the settlement period
(4) Working hours of one day used as the standard
(5) Start and end times of the core time, if prescribed
(6) Start and end times of the flexible time, if prescribed
4 In cases of the preceding paragraph, the signed labor-management agreement shall be appended to the employment regulations to partially serve as the employment regulations and matters not prescribed by the employment regulations shall be according to the indications prescribed by the corresponding labor-management agreement.
Article 36 Changes to work start/end times and break time
The work start/end times and break time of Article 35 (Designated working hours, work start and end times, and break time) may be brought forward or pushed back with prior notification if necessary for business operations.
Article 37 Break time usage
Employees may freely use their break time. However, permission from a direct supervisor must be obtained if leaving the Company premises during the break time.
Article 38 Childcare time
Female employees raising a child of less than one year old who request childcare time shall be provided with an additional two break times per day of 30 minutes each for childcare. If the employee has working hours of four hours or less, such as if taking a half-day of paid leave, said employee shall be granted one break of 30 minutes for childcare time.
2 The childcare time prescribed by this Article shall be unpaid.
Article 39 Guarantee of the exercise of civil rights
The Company shall provide the corresponding time when an employee requests the time needed to exercise the right to vote and other civil rights or perform public duties. However, the Company may change the requested time as long as such change does not hinder the exercise of said rights or the performance of said public duties.
2 When requesting exemption from work based on the preceding paragraph, the employee must inform his/her direct supervisor beforehand by using the prescribed procedures.
3 The time for exercising civil rights prescribed by this Article shall be unpaid.
Article 40 Working time for business trips
When calculation of the corresponding working hours is difficult in cases when an employee goes on a business trip or works outside of the workplace on Company business, the time shall be deemed as work of designated working hours as prescribed by these Regulations. However, this shall not apply if the direct supervisor has previously indicated otherwise.
2 Notwithstanding the provisions of the preceding paragraph, in cases where work exceeding the designated working hours is required to perform one’s work, a written agreement shall normally be signed with an employee representative, and the director of the labor standards office concerned shall be notified so that the time prescribed by this agreement shall be deemed as work.
Section 2 Holidays
Article 41 Holidays
The holidays of employees are as follows.
Saturdays
Sundays
National holidays
Other days prescribed by the Company
Article 42 Transferring holidays
The holidays of the previous Article may be transferred beforehand to another day if necessary for business operations.
In such cases, the holiday shall, in principle, be transferred to a designated work day within the same week as the holiday, but it may also be transferred to a date separately specified by the Company if this is not possible. A holiday designated by such a transfer shall be unpaid.
2 In cases of the preceding paragraph, designation of the holiday by transfer and employee notification shall be performed by the previous day at the latest.
3 An employee shall be considered absent from work if the employee does not work on a day designated as work day by holiday transference without a valid reason despite having received a notification as indicated in the preceding paragraph.
Article 43 Compensatory holiday
Employees who work on a holiday indicated by Article 41 (Holidays) may be granted a compensatory holiday at the discretion of the Company depending on work conditions. In such cases, the compensatory holiday shall, in principle, be granted within seven days. Compensatory holidays are unpaid.
2 Payment if the compensatory holiday of the preceding paragraph corresponds to legal holiday work shall only be a surplus wage (0.35) as prescribed by the Labor Standards Act. Additionally, only a surplus wage (0.25) as prescribed by the Labor Standards Act shall be paid for the amount corresponding to overtime work.
Article 44 Work during disasters
If there is an extraordinary need due to disaster or other unavoidable events, the Company may order employees to perform work exceeding the statutory number of working hours, on a legal holiday, or during late-night hours to the extent necessary by receiving approval of the director of the labor standards office concerned beforehand in accordance with Article 33 of the Labor Standards Act. However, if there is not sufficient time to receive the approval of the director of the labor standards office concerned beforehand due to the urgency of the situation, notification shall be provided as soon as possible afterwards.
Section 3 Overtime and holiday work
Article 45 Overtime work
The Company may order an employee to perform work exceeding the designated working hours if necessary for business operations.
2 If ordered to perform work exceeding the statutory working hours, the excess time shall be within the range of the “Notification of Agreement on Overtime Work/Working on Holidays” signed with an employee representative and filed with the director of the labor standards office concerned. However, in cases of extraordinary need due to disaster or other unavoidable events, an employee may be ordered to work to the extent necessary according to the provisions of “Work during disasters” of these Regulations.
3 An employee who wants to perform work exceeding the designated working hours must obtain the permission of his/her direct supervisor beforehand. Any amount of time for work exceeding the designated working hours without Company approval shall be unpaid.
Article 46 Holiday work
The Company may order an employee to perform work on a designated holiday if necessary for business operations.
2 If ordered to perform work on a legal holiday, the excess time shall be within the range of the “Notification of Agreement on Overtime Work/Working on Holidays” signed with an employee representative and filed with the director of the labor standards office concerned. However, in cases of extraordinary need due to disaster or other unavoidable events, an employee may be ordered to work to the extent necessary according to the provisions of “Work during disasters” of these Regulations.
3 An employee who wants to work on a designated holiday must obtain the permission of his/her direct supervisor beforehand. Any work on a designated holiday without Company approval shall be unpaid.
Article 47 Late-night work
The Company may order an employee to work during late-night hours from 10:00 PM to 5:00 AM (hereafter “late-night work”) if necessary for business operation or according to the provisions of “Work during disasters” of these Regulations.
Article 48 Restrictions on work for minors and expectant or nursing mothers
In principle, persons less than 18 years of age shall not be ordered to perform work exceeding the statutory working hours prescribed by Article 45 (Overtime work), work on legal holidays prescribed by Article 46 (Holiday work), or late-night work prescribed by Article 47 (Late-night work). However, these restrictions shall not apply in cases due to the provisions of “Work during disasters” of these Regulations.
2 In principle, persons who are pregnant or have given birth less than one year prior shall not be ordered to perform work exceeding the statutory working hours prescribed by Article 45 (Overtime work), work on legal holidays prescribed by Article 46 (Holiday work), or late-night work prescribed by Article 47 (Late-night work).
Section 4 Leave and time off
Article 49 Types of leave and time off
The types of leave and time off are as follows.
(1) Annual paid leave
(2) Special leave
(3) Maternity leave
(4) Menstrual leave
(5) Childcare leave
(6) Family care leave
(7) Sick/Injured childcare leave
(8) Time off for family care
(9) Leave for maternity health care
(10) Citizen judge leave
Article 50 Number of days of annual paid leave
Employees who have worked on 80% or more of the designated working days shall be granted annual paid leave according to the employee’s years of service as indicated in the following table.
Years of service
6 months
1 year and
6 months
2 years and
6 months
3 years and
6 months
4 years and
6 months
5 years and
6 months
6 years and
6 months or more
Number of days granted
10
11
12
14
16
18
20
2 Annual paid leave may only be transferred to the fiscal year following that in which it is granted.
3 The following types of absences from work shall be considered as days worked for the calculation of the work attendance rate of paragraph 2.
(1) Days using annual paid leave
(2) Period of absence due to work-related injury/illness
(3) Period of maternity leave
(4) Period of childcare leave
(5) Period of family care leave
4 Normal wages shall be paid for days in which annual paid leave are used.
Article 51 Use of annual paid leave
Persons who want to request the use of annual paid leave must make a request for the time of year of the intended vacation to his/her direct supervisor according to the prescribed procedures by the day before the intended use at the latest. The direct supervisor may change the time of year or period if the original request interferes with the normal performance of business.
2 If an employee cannot make such a request by the day before for some reason, the employee must inform his/her direct supervisor by telephone or other means before the work start time of the corresponding day, and then must make the request promptly after returning to work according to the prescribed procedures.
3 If the Company is contacted and receives the request indicated in the preceding paragraph, and deems that the inability of the employee to make a request by the preceding day was due to unavoidable circumstances, the day corresponding to the request of the preceding paragraph may be treated as the use of annual paid leave. It will be treated as an absence from work if not deemed to be due to unavoidable circumstances.
Article 52 Granting of pre-determined leave
If the Company has made a stipulation with regard to the time of year in which annual paid leave will be granted through a labor-management agreement, the Company may grant annual paid leave in accordance with such stipulation for the portion of annual paid leave in excess of five days of the number of days of annual paid leave (including that transferred from the previous fiscal year). In such cases, employees must use their annual paid leave during the time of year prescribed by the labor-management agreement.
Article 53 Special leave
The Company shall grant special leave when so requested by an employee with the number of days granted corresponding to the following reasons.
(1) Employee’s own marriage: Five days freely selected within six months from the day following either the marriage ceremony or entry of the marriage in the family register, whichever is later.
(2) Childbirth by spouse: Two days from the day following the birth
(3) Death of a spouse, parent, or child: Seven days from the day following the death
(4) Death of the employee’s grandparent or sibling: Three days from the day following the death
(5) Death of a spouse’s parent: Three days from the day following the death
2 Although the starting date of the special leave granted shall be according to the provisions of paragraph 1 in principle, the Company may deem a separate day as the starting date in consideration of certain circumstances such as those of the employee himself/herself.
3 The amount of days granted for special leave shall be taken as consecutive calendar days and cannot be divided up. If any of the days is a holiday as prescribed by these Regulations, that holiday shall be added to the number of days of special leave.
4 When an employee wants to request special leave, the employee must submit a “Request for Special Leave” to the Company that indicates the reason for using the leave of paragraph 1 and the scheduled dates the leave will be used beforehand (up to four weeks before the scheduled dates of the leave if the reason is the employee’s marriage).
5 If an employee cannot make such a request beforehand for some reason, the employee must inform the Company by telephone or other means before the work start time of the corresponding day, and then must make the request promptly after returning to work according to the prescribed procedures.
6 If the Company is informed and receives the request according to the preceding paragraph, and deems that the failure of the employee to make a request beforehand (up to four weeks before the scheduled dates of the leave if the reason is the employee’s marriage) was due to unavoidable circumstances, the day corresponding to the request of the previous paragraph may be treated as the starting day of the use of special leave. If not deemed as due to unavoidable circumstances, the days will be treated as an absence from work or use of annual paid leave.
7 Days where special leave are used shall be unpaid.
Article 54 Maternity leave
The Company shall grant maternity leave to female employees who are scheduled to give birth within six weeks (14 weeks for multiple pregnancies) if so requested by the employee. Additionally, said female employees shall be granted maternity leave for eight weeks from the day following the day of birth. However, a female employee may return to work starting from six weeks after childbirth if she so requests and a doctor has deemed that there are no impediments to performing work.
2 Leave prescribed by the previous paragraph shall be unpaid.
3 The insured status under social insurance of the employee shall continue during the period of maternity leave. The method for collecting the amount of the social insurance premiums paid by the employee during the period of leave shall be according to the separately prescribed Wage Regulations.
Article 55 Menstrual leave
Female employees for whom it is extremely difficult to work during one’s menstrual period shall be granted leave for the amount of time or days required if so requested by the employee.
2 Time or leave used according to the previous paragraph shall be unpaid.
Article 56 Leave, time off, and other restrictions and measures related to the Child Care and Family Care Leave Act
Leave for child care, family care, sick/injured children and other restrictions and measures related to the Child Care and Family Care Leave Act shall be according to the provisions of the separate Childcare and Family Care Leave Regulations.
Article 57 Leave for maternity health care
If a female employee who is pregnant or has given birth less than one year prior requests use of outpatient leave in order to receive health guidance or a health examination during designated working hours according to the Maternal and Child Health Act, she shall be granted leave within the following ranges.
(1) Before childbirth
Until 23rd week of pregnancy: Once every four weeks
From 24th to 35th week: Once every two weeks
From 36th week until childbirth: Once a week
However, the necessary time shall be granted if a doctor or midwife (hereafter “doctor/midwife”) indicates something different
(2) Post-childbirth (Up to one year)
Necessary time as indicated by a doctor/midwife
2 The following measures shall be taken if a female employee who is pregnant or has given birth less than one year prior reports that she has received instructions from her doctor/midwife regarding work hours and related items based on health guidance or a health examination as prescribed by the Maternal and Child Health Act.
(1) Easing of commuting difficulties during pregnancy
If instructed to avoid traffic congestion when commuting, the employee’s work time shall, in principle, be reduced by one hour or work time shall be staggered by less than an hour
(2) Special breaks during pregnancy
If instructed regarding break time, break time shall be extended and the number of breaks shall be increased as required
(3) Measures for symptoms during pregnancy and after childbirth
If instructed that symptoms related to pregnancy or childbirth are occurring or possibly occur, work and commuting time shall be reduced, leave granted, and similar measures so that the instructions can be obeyed.
3 Periods and times when work is not performed due to measures prescribed by this Article, such as leave, breaks, and reduced working hours, shall be unpaid.
Article 58 Citizen judge leave
In accordance with the objectives of the Act on Criminal Trials with the Participation of Saiban-in, citizen judge leave shall be granted should any of the following matters apply.
(1) When appearing in a court as a candidate to be a citizen judge
(2) When participating in a court trial as a citizen judge or replacement citizen judge
2 The period of citizen judge leave shall, in principle, be unpaid.
3 Notification of use of citizen judge leave must be made according to the prescribed procedures within five days after a notification from a court of the dates to appear as a candidate to be a citizen judge, or notification of the dates to participate in a court trial as a citizen judge or replacement citizen judge.
4 An employee who appears as a candidate to be a citizen judge, or participates in a court trial as a citizen judge or replacement citizen judge must submit any certificate and similar documents issued by the court promptly after returning to work.
Section 5 Work attendance
Article 59 Arriving/Leaving the workplace
Employees must obey the following items when arriving and leaving their workplace.
(1) Arrive at the workplace before the work start time, prepare one’s work, and start to perform work at the work start time
(2) Always use the specified entrance/exit when entering and exiting the workplace
(3) Personally record attendance according to the procedures prescribed by the Company when entering and exiting the workplace
(4) Organize and store all machinery, tools, and other equipment, as well as documents and similar materials when leaving the workplace
2 Employees must promptly leave the workplace when work is completed and must not remain inside the workplace if there is no need related to business operations.
3 Employees going directly to or returning directly home from a business trip or similar work outside of the workplace must receive approval of their direct supervisor beforehand.
Article 60 Regulation of arrival to/leaving the workplace
Employees corresponding to any of the following items may be prohibited from entering or ordered to leave a workplace.
(1) In an inebriated state
(2) Deemed as a harmful person due to reasons of hygiene management
(3) Possessing dangerous items not necessary for work such as fire or a deadly weapon
(4) Hindering work, disturbing the discipline and order of the Company, or there is possibility of these acts occurring
(5) Deemed as necessary by the Company for other reasons
Article 61 Tardiness
If an employee will arrive at the workplace later than the work start time due to some unavoidable reason such as injury/illness, the employee shall notify his/her direct superior no later than the day prior by using the prescribed procedures. However, if an employee cannot make such a notification by the day before for some reason, the employee must inform his/her direct supervisor by telephone or other means before the work start time of the corresponding day, and then must make the notification promptly after returning to work according to the prescribed procedures.
2 If the Company does not deem that the reason for failure to provide a notification was unavoidable when an employee is tardy without notifying before the work start time of the corresponding day, it shall be treated as arriving late without permission.
3 Time not spent working due to tardiness (including arriving late without permission) shall be unpaid.
Article 62 Leaving early
If an employee will leave the workplace earlier than the work end time due to some unavoidable reason such as injury/illness, the employee must notify his/her direct superior beforehand by using the prescribed procedures. However, if an employee cannot make such a notification beforehand for some reason, the employee must make the notification promptly after returning to work according to the prescribed procedures.
2 If the Company does not deem there to be an unavoidable reason for the employee not informing the Company beforehand about leaving the office early, it will be treated as leaving early without permission.
3 Time not spent working due to leaving early (including leaving early without permission) shall be unpaid.
Article 63 Leaving the office for personal reasons, personal meetings, and personal telephone calls
Employees shall use break time for leaving the office for personal reasons, personal meetings, and personal telephone calls. Even if during break time, employees must obtain the permission of their direct supervisor if leaving the workplace or if having a personal meeting within the Company’s facilities.
2 Regardless of the previous paragraph, employees shall be permitted to leave the office for personal reasons, have a personal meeting, or make a personal telephone call during working hours if the Company has deemed there to be special circumstances. In such cases, employees must inform the Company beforehand.
3 If the Company does not deem there to be an unavoidable reason for the employee not informing the Company beforehand if leaving the office for personal reasons, having a personal meeting, or making a personal telephone call during working hours, it will be treated as an act performed without permission.
4 Time not spent working due to leaving the office for personal reasons, personal meetings, and personal telephone calls (including acts performed without permission) shall be unpaid.
Article 64 Absence
If an employee will be absent from the workplace due to some unavoidable reason such as injury/illness, the employee must notify his/her direct superior beforehand by using the prescribed procedures. However, if an employee cannot make such a notification beforehand for some reason, the employee must inform the Company by telephone or other means before the work start time of the corresponding day, and then must make the notification promptly after returning to work according to the prescribed procedures.
2 If the Company does not deem that the reason for failure to provide a notification was unavoidable when an employee is absent without notifying before the work start time of the corresponding day, it shall be treated as an absence without permission.
3 If an absence continues for more than seven consecutive days (excluding holidays), a medical certificate from a doctor must be submitted in addition to the notification of the previous paragraph if the reason is injury/illness, or documents providing proof of the reason or a written statement of reason must be submitted if the reason is other than injury/illness.
4 In cases corresponding to the previous paragraph, the medical certificate from a doctor specified by the Company must be submitted if deemed as necessary by the Company.
5 The period not worked due to the absence (including absence without permission) shall be unpaid.
Article 65 Handling of absence, tardiness, and leaving early due to a force majeure
If an absence from work, tardiness, or leaving work early is caused by any one of the items below and is deemed by the Company to be due to a force majeure (act of God), such absence, tardiness, or leaving early shall not result in the disciplinary actions prescribed by Article 94 (Grounds for disciplinary action).
(1) It is deemed that a natural disaster or a disaster of an equal scale has unavoidably blocked or interrupted traffic
(2) Traffic is blocked or isolated due to the Infectious Disease Act or similar reason, although this is not applied if the employee himself/herself is infected
(3) So deemed by the Company for reasons equivalent to the preceding items
2 Time of the designated working hours that work cannot be performed due to absence, tardiness, or leaving early for reasons of the preceding paragraph may be treated as work performed as normal depending on the judgment of the Company.
Service discipline
Article 66 Basic service principles
Employees shall retain an awareness and sense of responsibility as a member of the Company, and must diligently dedicate themselves to their work during working hours.
2 In performing their duties, employees must work with their colleagues while following instructions pertaining to work tasks, and strive to contribute to the growth of the Company’s business while working to improve work efficiency.
3 In addition to faithfully complying with the provisions of these Regulations, and other rules and regulations accompanying these Regulations, employees must actively cooperate with measures implemented by the Company to preserve discipline and order within the workplace, and to maintain a sound working environment.
Article 67 Requirements on services
Employees must always comply with the following matters, and remain diligent in providing service.
(1) Employees must comply with Company regulations, and work instructions and orders, strive to maintain and improve order and discipline within the workplace, mutually respect the character of each other, and earnestly dedicate themselves to their work.
(2) Employees must not refuse to change one’s duties, or assist other departments, when ordered to do so for work-related reasons, without a justifiable reason for doing so.
(3) Employees must dedicate themselves to their work within working hours, and must not leave the workplace without permission to do so from a direct superior, or act in a way that interferes with other employees performing work.
(4) Employees shall strive to always keep the workplace tidy and clean, and work to prevent theft and fires.
(5) Work attire (clothing, hair, makeup, accessories, nails, etc.) must retain a neat appearance, while avoiding anything that gives an overly gaudy appearance.
(6) Employees must not illicitly borrow money and other articles, or personally benefit from gifts in connection with one’s duties.
(7) Employees must not receive money or other valuables, meals, or receive other improper benefits, whether for oneself or on behalf of a third party, from a business partner of the Company in connection with one’s duties.
(8) Employees must not use one’s position within the Company for illicit purposes, either for oneself or on behalf of a third party.
(9) Employees shall promptly notify the Company of any changes in the prescribed matters for notification when they arise.
(10) Employees must not refuse an inspection of one’s belongings without a justifiable reason should said inspection be deemed necessary for work or disciplinary reasons.
(11) Employees must cooperate with surveys implemented by the Company when necessary for work.
(12) Employees shall not engage in sexual harassment in the workplace, and must not disadvantage another employee’s working conditions based on his or her response to said sexual harassment or adversely impact working environment of said employee.
(13) Employees must not interfere with, or potentially interfere with, another employee’s ability to perform specific duties required of the employee due to sexual harassment, as mentioned in the preceding item, and other such forms of conduct.
(14) Employees must not cause physical or mental harm to another employee, or act in a way that is detrimental to the health or working environment of another employee, due to behavior that leverages an employee’s position of authority or superior status within the workplace to infringe upon the character or dignity of another employee.
(15) Employees shall be required to provide compensation for damages caused to the Company, either willfully or through negligence. However, when damages are caused through negligence, damage compensation may be reduced or waived depending on the circumstances at hand.
(16) Employees must treat Company cars, office fixtures and other equipment with care, and shall conserve consumable items where possible, and take proper care in the storage and handling of documents.
(17) Employees shall not loan, or take out any of the Company’s facilities, equipment, money or other fixtures other than for work-related reasons, and without the permission of the Company.
(18) Employees must not bring in personal belongings not related to work into Company facilities without the permission of the Company.
(19) Employees must not engage in union activities, political activities, religious activities and other activities not related to work on Company premises without the permission of the Company. Further, when outside Company facilities, employees shall not use their position as an employee to engage in similar acts in relation to persons working at the Company.
(20) Employees must not give presentations, hold gatherings, distribute documents, raise money, collect signatures, or perform any other act not related to work on Company premises without the permission of the Company.
(21) Employees must not travel to and from work in a private car without the permission of the Company. The same shall also apply to cars loaned from other persons.
(22) Employees must not divulge any information pertaining to Company secrets learned in the course of one’s duties, or other confidential information, information pertaining to customers, personal information of other employees, and any other information which may disadvantage the Company (the same shall apply after said employee retires or resigns from the Company).
(23) Employees must receive permission from the Company to exchange or present Company documents or goods with a person outside the Company
(24) Employees must not perform duties for another company, etc., or engage in personal business activities while employed by the Company without receiving approval or orders from the Company to do so.
(25) Employees must not be employed by another company in the same industry, or engage in competitive acts that compete with the Company’s business activities without the permission of the Company. Even after retiring or resigning from the Company, employees must not engage in unfair competition that harms Company trade secrets, and other Company interests.
(26) Employees shall not engage in an act that damages the Company’s reputation or credibility, or otherwise damages the Company’s interests, regardless of whether such is inside or outside the Company.
(27) Employees must not smoke outside the designated smoking areas on Company premises.
(28) Employees must not engage in work while inebriated.
(29) Employees must not consume alcohol, engage in loud singing, personal conversation or personal phone calls, etc. during work.
(30) Employees must not loan and borrow money amongst other employees.
Article 68 Definition of sexual harassment
Sexual harassment refers to any act to disadvantage the working conditions of other employees based on his or her response to language or behavior in the workplace of a sexually suggestive nature, or any act detrimental to the working environment of another employee due to such sexually suggestive language or behavior.
2 The workplace described in the preceding paragraph refers to the employee’s place of work, and all other locations that the employee is engaged in work, and shall include both working hours, and time outside of working hours effectively seen as an extension of the workplace.
3 “Other employees” described in paragraph 1 shall not be limited to persons that are direct victims of said sexually suggestive language or behavior, but shall also be interpreted to include all persons whose working environment has been adversely impacted due to said sexually suggestive language or behavior.
Article 69 Prohibition of sexual harassment
All employees must recognize other employees as equal partners in performing work duties, and have an obligation to keep order in the workplace and maintain cooperative relationships with all while refraining from any of the following actions in the workplace.
(1) Unnecessary physical contact
(2) Unnecessary remarks concerning one’s appearance or physical features
(3) Asking unnecessary questions concerning matters of a sexual or physical nature
(4) Any violation of privacy
(5) Spreading rumors
(6) Forcibly coercing companionship or sexual relations
(7) Viewing, distributing, or publishing indecent imagery
(8) An act that disadvantages an employee that has protested or turned down language or behavior of a sexual nature, including dismissal, unfair performance evaluations and reassignment
(9) Sexual language or behavior that reduces an employee’s motivation to perform work, or inhibits their ability to perform work
(10) Any other form of sexual language and behavior that causes the other persons, and other employees, unpleasantness
2 Direct superiors must not overlook an incident where a subordinate employee is known to be receiving sexual harassment.
Article 70 Establishment of a sexual harassment consultation office and response to cases of sexual harassment
The Company shall establish a consultation office for handling consultations and complaints regarding sexual harassment, to be led by the Representative Director. The Representative Director shall nominate a consultation office supervisor, to be announced whenever there is a change in personnel. The consultation office supervisor shall receive the training necessary upon their appointment to the position.
2 All employees, not just the direct victim of sexual harassment, may notify the consultation office supervisor of consultations and complaints when sexual harassment possibly occurs.
3 The consultation office supervisor shall confirm the facts with the person making the consultation, before reporting to their direct superior. Based on this report, the Representative Director or the direct supervisor shall interview the alleged perpetrator, victim, superior and other employees as necessary to establish all pertinent facts while also giving due consideration to the human rights of the person making the consultation.
4 Employees requested to give an interview as described in the preceding paragraph may not refuse such an order unless a justifiable reason is given.
5 If an act of sexual harassment has been verified, in addition to taking disciplinary action, the Company may take additional problem solving measures required to improve the working conditions and working environment of the victim, such as transferring the offending party elsewhere, etc.
6 In responding to consultations and complaints concerning sexual harassment, the Company shall protect the privacy of all related individuals, and must not treat employees in a disadvantageous manner due to said employee consulting on such matters, or cooperating in the verification of facts concerning such.
7 When a case of sexual harassment occurs, the Company shall take steps to raise further awareness and implement training on sexual harassment, investigate the causes of the case in question and address them to prevent recurrence, and take other appropriate recurrence prevention measures.
Article 71 Definition of power harassment
In principle, power harassment refers to any act to cause physical or mental harm to another employee, or act in a way that is detrimental to the health or working environment of another employee, due to behavior that leverages an employee’s position of authority or superior status within the workplace to infringe upon the character or dignity of another employee.
2 The workplace described in the preceding paragraph refers to the employee’s place of work, and all other locations that the employee is engaged in work, and shall include both working hours, and time outside of working hours effectively seen as an extension of the workplace.
3 The “position of authority or superior status within the workplace” described in paragraph 1 is not limited to relationships between superior and subordinate, but also covers a broad range of relationships from subordinate to superior, and between colleagues, etc.
4 “Another employee”, as prescribed in paragraph 1, shall include employees both inside and outside the Company.
Article 72 Prohibition of power harassment
Employees must not perform the following acts of power harassment to a subordinate, colleague or junior employee, etc.
(1) Engaging in verbal abuse or physically violent behavior that is harmful to a person’s character
(2) Continuing to reprimand a person for work-related mistakes in a persistent manner, or in front of large groups of people
(3) Yelling at others in a loud voice. Aggressively banging on a desk
(4) Intentionally avoiding giving another employee work. Ignoring another employee
(5) Coercing another employee into performing an illegal act
(6) Forcing an unfair transfer or resignation on another employee. Threatening dismissal
(7) Arbitrarily asking employees to perform duties that clearly cannot be achieved
(8) Willfully refraining from providing essential information and details of communications to another employee
(9) Forcing another employee to perform tasks not required for work (including private affairs, etc.)
(10) Any other language or behavior equivalent to the items above
Article 73 Establishment of a power harassment consultation office and response to cases of power harassment
The Company shall establish a consultation office for handling consultations and complaints regarding power harassment, to be led by the Representative Director. The Representative Director shall nominate a consultation office supervisor, to be announced whenever there is a change in personnel. The consultation office supervisor shall receive the training necessary upon their appointment to the position.
2 All employees, not just the direct victim of power harassment, may notify the consultation office supervisor of consultations and complaints when power harassment possibly occurs.
3 The consultation office supervisor shall confirm the facts with the person making the consultation, before reporting to their direct superior. Based on this report, the Representative Director or the direct supervisor shall interview the alleged perpetrator, victim, superior and other employees as necessary to establish all pertinent facts while also giving due consideration to the human rights of the person making the consultation.
4 Employees requested to give an interview as described in the preceding paragraph may not refuse such an order unless a justifiable reason is given.
5 If an act of power harassment has been verified, in addition to taking disciplinary action, the Company may take additional problem solving measures required to improve the working conditions and working environment of the victim, such as transferring the offending party elsewhere, etc.
6 In responding to consultations and complaints concerning power harassment, the Company shall protect the privacy of all related individuals, and must not treat employees in a disadvantageous manner due to said employee consulting on such matters, or cooperating in the verification of facts concerning such.
7 When a case of power harassment occurs, the Company shall take steps to raise further awareness and implement training on power harassment, investigate the causes of the case in question and address them to prevent recurrence, and take other appropriate recurrence prevention measures.
Article 74 Handling of personal information and confidentiality, and internal reporting
Personal information and confidentiality shall be handled as prescribed in the Regulations Concerning the Protection of Personal Information.
2 Internal reporting shall be handled as prescribed in the Whistleblower Protection Act.
Article 75 Protection of confidential information, etc.
Employees shall take due care in the management of information pertaining to the Company and its customers learned either through work or outside of work, and all other work-related information, and must not divulge said information to others, or use it for personal reasons, etc. Further, employees must not wrongfully obtain information pertaining to the Company and its customers that is not related to one’s own duties.
2 When transferring workplace or post, or when retiring or resigning (including when dismissed), employees must promptly return all information pertaining to the Company and its customers that was handled by the employee, and all other books and records of information concerning work duties.
3 Information, as described in paragraph 1 above, refers to all information during the period the employee is employed by the Company, and after his or her retirement, resignation, or dismissal. Such information must not be divulged to others, or used for personal reasons, etc.
Article 76 PC communications management
The Company may view server data, as necessary, to prevent the divulging of Company secrets, business policy information, customer information, and employees’ personal information, and to maintain a good PC environment within the Company.
Article 77 Inspection of belongings
The Company may inspect an employee’s belonging to the extent necessary, if such an inspection is deemed necessary in order to maintain confidentiality, and to prevent the loss of valuables and other such accidents.
2 The inspection of belongings prescribed in the preceding paragraph shall only be conducted to the extent necessary as described in the same paragraph, and shall not be performed as part of a criminal investigation.
3 In performing an inspection of belongings, the Company shall clarify the reason for such, and said inspection shall apply to all employees in a workplace in a uniform manner, without limiting such inspections to specific employees.
4 An employee may not refuse an inspection of their belongings as prescribed in the preceding paragraph without a justifiable reason for doing so.
Chapter 5 Wages
Article 78 Wages
Matters pertaining to employee wages shall be prescribed separately in the Wage Regulations.
Chapter 6 Health, safety, and accident compensation
Section 1 Health and safety
Article 79 Improvements to health and safety
The Company shall take the necessary measures to secure and improve the health and safety of employees, and to develop a comfortable workplace environment.
2 Employees must obey the laws and regulations, and Company instructions regarding health and safety, and cooperate with measures implemented by the Company, and work to ensure safety and maintain and promote good health.
Article 80 Health and safety training
The Company shall provide the health and safety training needed by an employee to perform work when being hired, or when changing their duties due to a transfer.
Article 81 Accident prevention
Employees must observe the following matters for accident prevention.
(1) Inspect all mechanical equipment, tools, vehicles, etc. before work and stop their use when finding a malfunction or other hazard, and immediately report such to the Company and comply with instructions given
(2) Always use and wear protective gear and clothing when required to do so for work
(3) Comply with all prescribed work actions, procedures and methods while working
(4) Do not remove safety equipment, or otherwise render it ineffective
(5) Meticulously follow the prescribed procedures when handling gas, electricity, hazardous materials, explosive substances and other such materials
(6) Do not smoke outside the designated smoking areas
(7) Always keep the workplace tidy, and do not place objects in walkways, emergency exits, and areas where there is fire extinguishing equipment
(8) Do not use bonfires and other open fires, and take due care when handling oils and gases
(9) Non-authorized personnel must not enter designated hazardous areas
(10) If an emergency occurs, or has the potential of occurring, immediately respond according to the situation at hand, notify other related persons and persons present, and work to minimize damages as much as possible
(11) Give recommendations to the Company to ensure health and safety, as necessary, and work to improve such
(12) Comply with all other matters prescribed by the Company as necessary for health and safety, in addition to the items above
Article 82 Health examination
The Company shall implement periodical health examinations for employees when entering the Company, and once annually (once every six months for employees engaged in late night work, and employees engaged in work prescribed in Article 13 paragraph 1 item 2 of the Ordinance on Industrial Safety and Health).
2 In addition to the health examination prescribed in the preceding paragraph, the Company shall implement a health examination covering special items for employees engaged in hazardous work as defined in laws and regulations. Further, the Company may perform extra health examinations, or vaccinations, for some or all employees if deemed necessary.
3 Employees may not refuse to take a health examination or vaccination prescribed in the preceding paragraphs without a justifiable reason for doing so.
Article 83 Notification of health examination results, etc.
The Company shall notify employees of their health examination results. However, if the results of health examinations are handed to the employee directly, said employee must promptly submit a copy of such results in writing after receiving the health examination results.
2 The Company shall hear the opinions of a doctor concerning measures necessary to maintain employee health based on the results of a health examination. The Company may order the employee to change workplace, change work assignments, shorten their working hours, or reduce the frequency of late night work, if necessary based on consideration of doctor’s opinion. The employee must comply with such orders if received.
3 Employees must work to maintain and improve their health based on the results of the health examination notified, or doctor guidance.
Article 84 In-person doctor guidance
The Company shall cover the costs of in-person guidance with a doctor at the request of an employee who has exceeded 100 hours of work in a month in excess of the 40-hour working per week excluding break times and in whom the accumulation of fatigue is recognizable (excluding persons who received in-person guidance in the past one month and for whom a doctor deems such guidance as unnecessary). Under these circumstances, employees may not refuse such an order unless a justifiable reason is given.
2 If the in-person guidance prescribed in the preceding paragraph is provided, the Company shall hear the opinions of a doctor concerning measures necessary to maintain employee health. The Company may take measures to change workplace, change work assignments, shorten their working hours, or reduce the frequency of late night work, if necessary based on consideration of doctor’s opinion. The employee must comply with such orders if received.
Article 85 Prohibition of working of sick employees
The Company may prohibit employees, for whom the following matters apply, from working based on doctor’s opinion. The employee must comply with such orders if received.
(1) Employees who have contracted an illness which may be contagious to others (including novel strains of influenza)
(2) Employees who are at risk of inflicting self-harm or harm to others due to a mental disorder
(3) Employees with a heart, kidney, lung or other disease whose condition may significantly worsen by performing work
(4) Employees with a disease equivalent to that described in the items above as prescribed by the Minister of Health, Labour and Welfare
(5) Employees with any other disease for which the Company deems that the prohibition of working is necessary
2 Wages during the period in which the prohibition of working prescribed in the preceding paragraph apply shall be unpaid.
Article 86 Notification of transmissible diseases
If an employee, or someone residing with or near the employee contracts a transmissible disease, or a patient contracts a disease equivalent to such, said employee must notify the Company of such immediately and await further instructions.
Section 2 Accident compensation
Article 87 Accident compensation
In accordance with the provisions of the Labor Standards Act, the Company shall provide medical compensation, compensation for absences from work and disability compensation should an employee sustain injuries or fall ill due to work-related reasons. Further, the Company shall also provide compensation benefits for bereaved family members and pay for funeral expenses in accordance with the provisions of the Labor Standards Act in the event of an employee death caused by injuries or illness sustained due to work-related reasons.
2 Should the person eligible for receiving compensation based on the provisions of the preceding paragraph be eligible to receive insurance benefits corresponding to accident compensation prescribed in the Industrial Accident Compensation Insurance Act for the same reason, the provisions of the preceding paragraph shall not apply to the extent of the amount of said insurance benefits.
Article 88 Compensation for discontinuance
The Company shall provide compensation for discontinuance equivalent to 1,200 days of the employee’s average wage to employees receiving compensation to treat injuries and illness sustained for work-related reasons in accordance with the provisions of Article 75 of the Labor Standards Act, and provided that the employee has not recovered from said injury or illness after three years of continued treatment. The Company shall not provide further compensation after said compensation for discontinuance has been provided.
2 The compensation for discontinuance prescribed in the preceding paragraph may be replaced should the employee receive, or be notified of receiving, an injury and disease compensation pension in accordance with the Industrial Accident Compensation Insurance Act on the day three years after the start of treatment, or thereafter.
Article 89 Commuting accident
An employee is eligible for receiving insurance benefits in accordance with the provisions of the Industrial Accident Compensation Insurance Act for injury, illness, or death sustained while commuting to and from work (hereafter referred to as “accidents” in this Article).
2 Notwithstanding the provisions of the preceding paragraph, the employee shall not be eligible for receiving insurance benefits for said accident under the provisions of the Industrial Accident Compensation Insurance Act when not certified by the director of the labor standards office concerned according to the same Act. Under such circumstances, the Company shall not provide compensation for said accident.
Article 90 Coordination with civil damage claims
If the employee or bereaved family members receive additional compensation from the Company independent of the accident compensation prescribed in this Chapter (hereafter, “worker’s compensation”), the Company shall not be liable to provide compensation to the affected employee and bereaved family members for the same reason up to the amount of said additional compensation.
2 Bereaved family members prescribed in these Regulations shall be legal heirs as prescribed in the Civil Code. The right to receive compensation under these Regulations may not be transferred, or used as collateral.
Article 91 Coordination of payments with accidents as a result of actions of a third party
For work-related accidents and commuting accidents caused by the actions of a third party for which compensation is provided in accordance with the provisions of this Chapter, the Company shall obtain the right to the damage compensation claim held by the person receiving compensation against said third party, up to the amount of said compensation. The employee must obtain the approval of the Company before reaching a settlement with the third party concerning said accident.
2 For work-related accidents and commuting accidents caused by the actions of a third party for which the employee receives compensation from the third party for the same reason, compensation shall not be provided by the Company in accordance with the provisions of these Regulations up to the amount of said compensation.
3 The right to the damage compensation claim against the third party obtained by the Company in accordance with paragraph 1, or the damage compensation amount received by the employee from the third party in accordance with paragraph 2, shall each include the right to claim insurance amount against the insurance company, or the insurance amount received from the insurance company.
Chapter 7 Rewards and disciplinary punishments
Section 1 Commendations
Article 92 Commendations
The Company may provide commendations following further investigation into said matters under the following circumstances.
(1) When recognizing an extended period of faithful service
(2) When an employee has made a discovery or improvement, or has developed ideas or proposals that provide work-related benefits
(3) When an employee exhibits good conduct and acts as a role model for others
(4) When an employee exhibits outstanding work efficiency
(5) When an employee’s actions in preventing accidents or disasters, etc., or in responding to emergency circumstances to keep damages to a minimum are of particular merit
(6) When an employee performs an act seen as a social achievement on a national level that brings honor to the employee
(7) When an employee is recognized as having exhibited good conduct or performed any other meritorious deed equivalent to that prescribed in the items above.
Section 2 Disciplinary action
Article 93 Types and extent of disciplinary action
If an employee falls under any of the grounds for disciplinary action prescribed in these Regulations, the Company shall take disciplinary action based on the following classifications according to said grounds for disciplinary action, and the circumstances at hand.
(1) Admonition: The employee shall submit a written apology, and is given a caution for the future.
(2) Pay cut: After being given a caution, the employee shall submit a written apology and will receive a pay cut. However, said pay cut amount for each misdemeanor shall be half of a single day’s average wage, up to one-tenth of the total wage for a wage period.
(3) Suspension: The employee shall submit a written apology, and shall be suspended from work for a period set to within 10 working days.
Wages shall not be paid during said suspension period.
(4) Demotion: The employee shall be removed or demoted from their position, or have their qualification level demoted, or both.
(5) Resignation under instruction: The employee shall be advised to submit a letter of resignation. If such a letter of resignation is not submitted within seven working days from when such recommendation is given, the employee shall be subject to disciplinary dismissal.
(6) Disciplinary dismissal: The immediate dismissal of an employee without an advance notice period. In such circumstances, severance pay in lieu of an advance notice shall not be paid upon the approval of the director of the labor standards office concerned.
2 An employee may be ordered to standby at home until an investigation is complete, or the matter up for review is resolved, if the employee’s actions are grounds for resignation under instruction or disciplinary dismissal, or there is the potential for such, and there is the risk of a recurrence of malfeasance or attempts to destroy evidence.
Article 94 Grounds for disciplinary action
An employee shall be subject to an admonition, pay cut, suspension, or demotion according to the circumstances at hand should any of the following matters apply.
(1) Leaving the office for personal reasons or being absent from work without approval, and without a justifiable reason for doing so (including notified absences that are not approved by the Company), or repeatedly arriving late or leaving early five times or more in a month without a justifiable reason for doing so
(2) Exhibiting a poor attitude towards work, such as a lack of enthusiasm or diligence towards work, leaving the workplace and neglecting one’s duties during work hours, or otherwise interfering with work being performed
(3) Intentionally interfering with work efficiency, or preventing the execution of work tasks
(4) Requesting another employee to record attendance, or complying with such a request, or submitting a false application for special leave, or wrongfully receiving payments based on such false applications
(5) Neglecting to perform procedures and submit other notifications in relation to work
(6) Disturbing the order and discipline of the workplace due to misconduct other than violent or threatening behavior against other employees
(7) Falsifying work-related reports which damage or otherwise adversely affect the Company
(8) Conducting political activities, religious activities, demonstrations, or performing any other activity equivalent to such, without the approval of the Company in violation of Article 67 item 19 of these Regulations (prohibition of unauthorized political and religious activities) and item 20 of the same Article (prohibition of unauthorized presentations, gatherings and document distribution)
(9) Conducting subsidiary business activities without Company approval, or order to do so, while under the employ of the Company in violation of Article 67 item 24 of these Regulations (prohibition of unauthorized subsidiary business)
(10) Acting in violation of Article 67 item 30 of these Regulations (general prohibition of loaning of money between employees)
(11) Divulging, or attempting to divulge, Company trade secrets, confidential information or customer information outside the Company, or the unauthorized acquisition of secrets pertaining to the Company or other companies
(12) Lewd language, or other indecent language or behavior of a sexual nature understood to be against the will of the other party in violation of Article 69 of these Regulations (prohibition of sexual harassment)
(13) Abusing one’s authority to harass other employees in violation of Article 72 of these Regulations (prohibition of power harassment)
(14) Refusing an order from the Company to perform overtime work, holiday work, business travel, or travel overseas on a business trip without a justifiable reason for doing so
(15) Failing to comply with instructions, orders, or notices from a direct superior or the person in charge without a justifiable reason for doing so
(16) Refusing an inspection of belongings and other work-related activities without a justifiable reason for doing so
(17) Failing to comply with instructions in violation of rules pertaining to health and safety, such as refusing to undergo a health examination upon instruction by the Company
(18) Loss of Company money and other articles
(19) Having Company money and other articles stolen due to negligence
(20) Damaging Company property in the workplace, willfully or negligently, causing damage to the Company
(21) Causing material objects in the workplace to set on fire or explode due to negligence
(22) Improper handling of expenses
(23) Improper use of PCs in the workplace in violation of Company rules and other instructions, interrupting the execution of work by causing a computer virus infection, etc., or otherwise interrupting the execution of work through the improper use of PCs for purposes unrelated to one's work tasks
(24) Giving favorable treatment to a business partner, etc., due to a private relationship the business partner has with the employee, or another executive or employee, or a relative
(25) Causing the following traffic accidents, or performing the following traffic violations
a. Causing injury while driving while intoxicated, or acting in violation of one’s obligations under such circumstances
b. Causing injury while driving under the influence of alcohol, or acting in violation of one’s obligations under such circumstances
c. Causing injury, or acting in violation of one’s obligations under such circumstances, such as failing to provide assistance after an accident occurs
d. Significant exceeding the speed limit and other grievous traffic violations, or acting in violation of one’s obligations after causing an accident that involves the damage or destruction of property
(26) Misconduct outside the Company which defames or damages the credibility of the Company, or causes damage to the Company, or otherwise if said misconduct outside the Company disrupts the order within the Company
(27) When a subordinate is disciplined for a serious error due to negligence in supervision
(28) Otherwise acting in violation of work-related instructions and Company rules
(29) When an employee commits any other wrongdoing equivalent to the items above
2 Employees shall be requested to resign under instruction, or receive a disciplinary dismissal under the following circumstances.
(1) Disturbing the order and discipline of the workplace due to violent or threatening behavior against other employees
(2) When hired based on false statements pertaining to one’s name, final education history, work history and other important records when signing an employment contract
(3) Falsifying work-related reports, or making grave work-related errors that cause significant damage or adversely affect the Company
(4) Conducting subsidiary business activities, such as being employed by a competitor in the same industry or at a company related to the Company’s business activities, without Company approval, or order to do so, while under the employ of the Company in violation of Article 67 item 24 of these Regulations (prohibition of unauthorized subsidiary business)
(5) Divulging, or attempting to divulge, critical Company trade secrets, confidential information or customer information outside the Company, or the unauthorized acquisition of critical secrets pertaining to the Company or other companies
(6) Acting in an indecent manner by using violence or threats, or using one’s influence based on superior/subordinate relationships within the workplace to forcibly coerce another employee into a sexual relationship, or otherwise acting in an indecent manner in violation of Article 69 of these Regulations (prohibition of sexual harassment)
(7) Acting in a violent or threatening manner while leveraging one’s authority within the workplace to apply pressure to another employee, or persistent and repeated harassment against another employee causing the employee mental suffering due to the buildup of severe emotional stress
(8) When absent without permission for 14 days or more in total within the previous month, and when not responding to requests to arrive at work
(9) Misappropriation or theft of Company money and other articles
(10) Theft, or attempted theft of another person’s money and other articles
(11) Misleading other into exchanging Company money and other articles
(12) Damaging Company property in the workplace, either willfully or through gross negligence, causing serious damage to the Company
(13) The intentional illicit payment of allowances, or receiving illicit allowance payments by intentionally failing to submit notifications, or submitting false notifications
(14) Improper use of PCs in the workplace in violation of Company rules and other instructions, causing significant interruption to the execution of work by causing a computer virus infection, etc., or otherwise interrupting the execution of work through the improper use of PCs for purposes unrelated to one’s work tasks, causing serious damage to the Company
(15) Performing any act that constitutes a crime as prescribed in the Penal Code, and other laws and regulations, such as bribing public officials, conducting insider trading of share certificates, etc., for which there is clear evidence of such an act
(16) Using one’s position within the Company to receive money and other articles, and for other illicit gain
(17) Causing the following traffic accidents, or performing the following traffic violations
a. Causing fatalities or grievous injury while driving while intoxicated, or acting in violation of one’s obligations under such circumstances
b. Causing fatalities or grievous injury while driving under the influence of alcohol, or acting in violation of one’s obligations under such circumstances
c. Causing fatalities or grievous injury, or acting in violation of one’s obligations under such circumstances, such as failing to provide assistance after an accident occurs
(18) Defaming or damaging the credibility of the Company, or causing damage to the Company by spreading false propaganda concerning the operation of the Company, or otherwise unjustifiably slandering the Company
(19) Misconduct outside the Company which defames or damages the credibility of the Company, or otherwise causes serious damage to the Company, and all other malicious acts that greatly disrupt the order within the Company
(20) When not exhibiting a willingness to submit to disciplinary measures taken
(21) When an employee is subject to disciplinary action, and is deemed to have acted again according to the same grounds for disciplinary action within one year of said disciplinary action being taken
(22) When an employee acts in grave violation of work-related instructions or Company rules, and such an act is repeated on multiple occasions, or is otherwise particularly malicious in nature
(23) When an employee commits any other wrongdoing equivalent to the items above
3 When there are grounds for requesting resignation under instruction or disciplinary dismissal, or the potential of such, the affected employee shall be granted the opportunity to defend their actions before such measures are taken.
4 Disciplinary action may be reduced, or waived, where extenuating circumstances apply, or where there is a clear indication of remorsefulness.
Article 95 Rescission of approval of mutually agreed resignation
If an employee is found to be subject to grounds for disciplinary action before their resignation, the Company may rescind approval granted for mutually agreed resignation and take disciplinary action against said employee.
Article 96 Reporting
Should the Company learn of an act by an employee that violates the Penal Code and other laws and regulations, the Company shall report such a matter to the relevant authorities.
Article 97 Inducement and accessory ship
Should the Company deem that an employee has induced another employee, or has acted as an accessory in an act performed by another employee that falls under grounds for disciplinary action in accordance with these Regulations, the Company shall take the same disciplinary action against said accessories as that taken against the employee performing the act.
Article 98 Aggravation
Employees subject to disciplinary action shall be subject to aggravated punishments for acting in a manner subject to disciplinary action within one year of the initial act, or when committing two or more acts that are subject to disciplinary action at the same time.
Article 99 Compensation for damages
If an employee causes damage to the Company, either willfully or through negligence, the Company may request compensation for said damages, either in part or in full, from said employee. However, the provision of compensation by said employee shall not exempt said employee from disciplinary action in accordance with these Regulations.
Chapter 8 Other matters
Article 100 Revision or abolition
The revision or abolition of these Regulations shall be performed in accordance with the provisions of the Regulations Concerning Regulation Management.
Supplementary provisions
These Regulations came into effect as of May 1, 2015.
These revised Regulations came into effect as of March 30, 2020.