Generally
speaking, labor laws apply to foreign workers
in Japan who fall under the classification
of "worker" as defined by the laws
in question, regardless of whether or not
their employment is permitted under their
status of residence.
As
a general rule, all Japanese labor laws, both
worker protection legislation such as the
Labour Standards Law, the Occupational Health
and Safety Law, and the Minimum Wage Law,
and others such as the Employment Security
Law, the Worker Dispatching Law, and the Trade
Union Law, apply to foreign workers whose
actual place of work is in Japan and who fall
under the classification of "worker"
as defined by the laws in question, regardless
of whether or not their employment is permitted
under their status of residence. Article 3
of the Labour Standards Law prohibits discrimination
in wages, work hours, or other work conditions
on the grounds of the employee's nationality.
The Unemployment Insurance Law stipulates
that persons of foreign nationality residing
in Japan should, in principle, be covered
by unemployment insurance without regard to
country of citizenship. Public employment
offices provide job introduction and employment
guidance services to Japanese and non-Japanese
citizens without distinction, with the proviso
that non-Japanese citizens must be eligible
to work in Japan under the country's immigration
control regulations in order to receive such
services. Foreign workers in Japan are covered
by workers' compensation insurance, regardless
of whether or not their employment is permitted
under their status of residence. Social insurance,
such as the national pension system, the welfare
pension system, and the national health insurance
system, covers foreign workers in Japan. No
inquiry is made to determine if the worker's
employment is permitted under their status
of residence, but if a related agency determines
that the employment is not permitted, notification
is to be made to the Immigration Office. Finally,
national health insurance coverage is provided
to persons anticipating a period of stay in
Japan of one year or more, including non-Japanese
citizens.