Working in Japan as a foreign national gives you the same fundamental labor protections as any Japanese employee. Yet many SSW (Specified Skilled Worker / 特定技能) and other foreign workers in Japan are unaware of the specific rights they hold — rights that their employer is legally obligated to respect, regardless of visa category, nationality, or employment form.
This article covers the 10 most critical legal rights every foreign worker in Japan should understand. From minimum wage and overtime pay to accident insurance and the right to consult a labor office for free — knowing these rights is the first step to protecting yourself and ensuring fair treatment at your workplace.
For related guidance on changing jobs as an SSW holder, see our complete SSW job change guide and our overview of labor consultation hotlines in Japan.
Right 1 — Minimum Wage (最低賃金)
Japan's Minimum Wage Act (最低賃金法) guarantees every worker — including foreign nationals — a minimum hourly wage that employers must not fall below. Minimum wages in Japan are set at the prefecture level, meaning the rate differs depending on where you work. All 47 prefectures now have minimum wages above 1,000 yen per hour, with the national weighted average reaching approximately 1,121 yen per hour as of October 2025.
Urban prefectures set higher rates. Tokyo's minimum wage is approximately 1,226 yen/hour, and Kanagawa approximately 1,225 yen/hour. Some rural prefectures set theirs around 1,023 yen/hour. Always check the minimum wage for the specific prefecture where you are employed.
Key point: Minimum wages apply to the actual wages paid per hour of work. If your employer calculates your wage in a way that results in less than the minimum wage per hour, that is illegal — regardless of how the pay is structured (daily, monthly, piece-rate, etc.).
You can check the current minimum wage for your prefecture on the Ministry of Health, Labour and Welfare website.
Watch out: Some employers deduct housing fees, uniform fees, or meal costs from wages in ways that push your effective hourly rate below the minimum. Certain deductions are permitted by law; others are not. If your net hourly pay falls below the minimum wage after deductions, your employer may be violating the law.
Right 2 — Overtime Pay (残業代)
Japan's Labor Standards Act (労働基準法) sets the standard working hours at 8 hours per day and 40 hours per week (法定労働時間). Any work beyond these limits must be compensated at an overtime premium rate.
The overtime pay rules are as follows:
| Type of Work | Premium Rate | Legal Basis |
|---|---|---|
| Overtime (over 8 hrs/day or 40 hrs/week) | At least 125% (regular wage × 1.25) | Labor Standards Act Art. 37 |
| Overtime exceeding 60 hours/month | At least 150% (regular wage × 1.50) | Labor Standards Act Art. 37 (amended) |
| Late night work (22:00–05:00) | At least 125% (25% added to base rate) | Labor Standards Act Art. 37 |
| Holiday work (法定休日) | At least 135% | Labor Standards Act Art. 37 |
| Late night overtime (>8 hrs/day AND 22:00–05:00) | At least 150% (25% overtime + 25% late night) | Labor Standards Act Art. 37 |
Important (April 2023 update): The 50% premium for overtime exceeding 60 hours per month, which previously applied only to large companies, was extended to all companies including small and medium enterprises from April 2023. This means even workers at small employers are now entitled to the 150% rate when monthly overtime exceeds 60 hours.
Unpaid overtime ("service overtime" / サービス残業): Requiring employees to work beyond regular hours without additional pay is a violation of the Labor Standards Act. If your employer asks you to "stay late without recording it," keep your own time records and seek advice from the Labor Standards Inspection Office.
Right 3 — Annual Paid Leave (年次有給休暇)
Under Article 39 of the Labor Standards Act (労働基準法第39条), workers who have been continuously employed for 6 months and have worked at least 80% of scheduled working days are entitled to 10 days of paid annual leave. This right applies to full-time and part-time workers alike, and it applies to foreign workers in exactly the same way as it does to Japanese workers.
Paid leave entitlement increases with years of service:
| Continuous Service | Annual Paid Leave Days |
|---|---|
| 6 months | 10 days |
| 1 year 6 months | 11 days |
| 2 years 6 months | 12 days |
| 3 years 6 months | 14 days |
| 4 years 6 months | 16 days |
| 5 years 6 months | 18 days |
| 6 years 6 months and beyond | 20 days (maximum) |
Mandatory 5-day rule: Since April 2019, employers must ensure that workers who have 10 or more days of paid leave take at least 5 days per year. Unused paid leave expires after 2 years from the date it was granted.
Your employer cannot refuse your paid leave request without offering an alternative date (時季変更権). Simply refusing your request with no alternative is unlawful.
Right 4 — Workers' Accident Insurance (労災保険)
Workers' Accident Compensation Insurance (労災保険, Rousai Hoken) is one of the most important protections available to you in Japan. It covers medical treatment, compensation, and rehabilitation costs if you are injured or become ill due to your work, or during your commute to or from work.
Crucially, this insurance applies to all workers employed in Japan, regardless of nationality, visa status, or employment type (full-time, part-time, temporary). Your employer pays 100% of the premium — you pay nothing. Even workers with irregular visa statuses are technically covered by this system.
What is covered: Medical expenses (fully covered), temporary disability compensation (about 80% of average wages while unable to work), disability compensation, survivor benefits in case of death, and rehabilitation support.
Commuting injuries are also covered: If you are injured on your way to or from work, this is classified as a "commuting accident" (通勤災害) and is covered in the same way as a workplace injury.
If your employer refuses to file a claim: You do not need your employer's cooperation to claim workers' accident compensation. You can go directly to the Labor Standards Inspection Office (労働基準監督署) and file the claim yourself. The office will investigate. Do not let an uncooperative employer prevent you from accessing compensation you are legally entitled to.
Right 5 — Social Insurance Enrollment (社会保険)
Japan has a comprehensive social insurance system that most workers — including foreign nationals — are required to enroll in. The main components are:
- Health Insurance (健康保険): Covers 70% of medical costs at hospitals and clinics (you pay 30%). This is a major benefit compared to paying full price without insurance.
- Employees' Pension Insurance (厚生年金保険): Contributions during your employment in Japan may be refundable as a lump-sum withdrawal payment (脱退一時金) when you leave Japan permanently, subject to certain conditions.
- Employment Insurance (雇用保険): Provides unemployment benefits (基本手当) if you lose your job involuntarily. After 12 months of enrollment (in most cases), you are eligible to receive payments while looking for a new job.
Mandatory enrollment: Companies with 5 or more regular employees in most industries are legally required to enroll their employees in health insurance and employees' pension insurance. If your employer employs you full-time but refuses to enroll you in social insurance, this is a violation of the Social Insurance Act.
Part-time workers: If you work more than approximately 3/4 of the regular employee's hours, you are generally required to be enrolled in social insurance. Even if you work shorter hours, companies with 51 or more employees must enroll workers meeting certain weekly hours thresholds.
Right 6 — Equal Treatment / No Nationality Discrimination
Japanese labor law prohibits discrimination based on nationality in employment. The key legal instruments are:
- Labor Standards Act (労働基準法) Art. 3: Employers must not discriminate in wages, working hours, or other working conditions based on nationality, creed, or social status.
- Act for Comprehensive Promotion of Labor Policies (労働施策総合推進法): Prohibits employers from treating foreign workers unfavorably compared to Japanese workers performing the same tasks solely on the basis of nationality.
In practical terms, this means your employer cannot:
- Pay you a lower wage than a Japanese worker doing the same job, solely because you are a foreign national
- Apply different overtime, leave, or social insurance rules to you based on your nationality
- Assign you to worse working conditions (dangerous work, worse shifts) without legitimate business justification
- Dismiss you or threaten to cancel your visa support solely because you exercised your legal rights
Visa leverage is not legitimate pressure: Some employers may suggest that speaking up about your rights could affect your visa or job. This is a form of unfair pressure. Your right to work depends on your visa status, which is managed by the Immigration Services Agency — not your employer's goodwill. Consult an immigration professional if you face this kind of pressure.
Right 7 — Right to a Written Employment Contract (労働条件通知書)
Under the Labor Standards Act Art. 15, your employer must provide you with a written document (労働条件通知書, Labor Conditions Notification) that clearly states the key terms of your employment before or at the time you start work. This document must include:
- Contract period (if fixed-term) or the fact that it is indefinite
- Place of work and job duties
- Working hours, breaks, days off, and vacation
- Wage amount, calculation method, and payment date
- Rules on resignation and dismissal
For SSW visa holders specifically: Your employment contract must match the conditions stated in the visa application documents submitted to Immigration. Any employer trying to change your working conditions significantly after you arrive in Japan without your consent may be violating both labor law and immigration compliance requirements.
Keep your copy: Your 労働条件通知書 is an important document. Store it safely. If a dispute arises later, this document is evidence of the agreed conditions.
Right 8 — Right to Organize and Join Labor Unions (労働組合)
Under Japan's Trade Union Act (労働組合法), every worker — including foreign nationals regardless of visa type — has the constitutional and statutory right to:
- Join an existing labor union
- Form a new labor union together with other workers
- Participate in collective bargaining with the employer
- Take collective action (including strikes) within legal bounds
Your employer cannot dismiss you, demote you, cut your pay, or otherwise disadvantage you simply because you joined or are active in a union. Such actions constitute "unfair labor practices" (不当労働行為) and are prohibited by law.
Community unions for foreign workers: In Japan, there are "community unions" (コミュニティ・ユニオン) and "general unions" that accept individual workers as members — even if their workplace does not have its own union. Several of these specifically support foreign workers and offer services in multiple languages. If you are experiencing a workplace dispute, joining one of these unions before negotiations begin can significantly strengthen your position.
Right 9 — Right to Free Labor Consultation (無料相談窓口)
If you believe your employer is violating any of the rights above — or if you simply have a question about your working conditions — you have access to free, confidential consultation services provided by the Japanese government.
Labor Standards Inspection Office (労働基準監督署)
The Labor Standards Inspection Office (commonly called 労基署, Roudou Kijun Kantokusho) is the government body responsible for enforcing the Labor Standards Act. There is one in every major city across Japan. Services include:
- Free consultation on wages, hours, paid leave, safety, dismissal, and more
- Accepting anonymous complaints against employers
- Power to conduct on-site inspections and order employers to correct violations
Foreign Worker Consultation Corner (外国人労働者相談コーナー)
The Ministry of Health, Labour and Welfare operates 外国人労働者相談コーナー (Gaikokujin Roudousha Soudan Kona) at each prefectural labor bureau. These offices provide multilingual labor consultation in up to 14 languages, including English, Vietnamese, Chinese, Portuguese, Spanish, Tagalog, Indonesian, Burmese, Nepali, Korean, Thai, Cambodian (Khmer), and Mongolian.
There is also a free telephone hotline ("労働条件相談ほっとライン") available outside regular office hours and on weekends.
Important: Using these services is completely free. Consultations are confidential. Your employer will not be notified that you called unless you specifically file a formal complaint. Foreign workers have the same right to use these services as Japanese workers.
For more information, visit: Ministry of Health, Labour and Welfare (厚生労働省)
Right 10 — Right to Remain in Japan During the Visa Change Process
If you are changing jobs and have submitted a Change of Status of Residence application (在留資格変更許可申請) to the Immigration Services Agency before your current visa expires, you are legally permitted to remain in Japan while the application is being processed — even after your current visa period ends.
This is a frequently misunderstood point. The Immigration Control Act allows you to remain in Japan for up to 2 months after your current period of stay expires if you have submitted a change-of-status application (or renewal application) before expiry. You are not in an illegal status during this period.
Key rules to remember:
- Submit your application before your current visa expires — do not wait until the last minute
- After submitting, you will receive a receipt (受付票) — carry this at all times along with your residence card
- During the waiting period, you can generally continue working at your current employer under your existing visa conditions. You cannot start work at the new employer until approval is granted
- The Immigration Services Agency processes applications at isa.go.jp
Do not let your visa expire without taking action: If your visa expires and you have not submitted any application, you are in an overstay situation, which is a serious immigration violation. If you are unsure about your status or the timing, contact a qualified immigration professional or our group company, Administrative Scrivener Corporation Tree (行政書士法人Tree), which handles all visa procedures.
Questions About Your Rights at Work?
TreeGlobalPartners provides free job placement and employment support for SSW / Tokutei Ginou workers. We can help you understand your rights, find a better employer, and navigate the transition process. All visa application procedures are handled by our group company, Administrative Scrivener Corporation Tree (行政書士法人Tree) — one team, full support.
Get Free Consultation →Quick Reference: 10 Rights at a Glance
| # | Right | Legal Basis | Key Point |
|---|---|---|---|
| 1 | Minimum Wage | 最低賃金法 | Varies by prefecture; ~1,121 yen/hr national avg (Oct 2025) |
| 2 | Overtime Pay | 労働基準法 Art. 37 | 125% for standard OT; 150% over 60 hrs/month |
| 3 | Annual Paid Leave | 労働基準法 Art. 39 | 10 days after 6 months; up to 20 days |
| 4 | Workers' Accident Insurance | 労働者災害補償保険法 | ALL workers covered; employer pays premium |
| 5 | Social Insurance | 健康保険法, 厚生年金保険法 | Mandatory enrollment; pension may be refundable |
| 6 | Equal Treatment | 労働基準法 Art. 3 | No discrimination based on nationality |
| 7 | Written Employment Contract | 労働基準法 Art. 15 | Required before starting work |
| 8 | Right to Join Unions | 労働組合法 | All workers; employer cannot retaliate |
| 9 | Free Labor Consultation | 労働基準法 enforcement | Labor Standards Inspection Office; free & confidential |
| 10 | Right to Stay During Visa Change | 入管法 | Legally remain while application is pending |
Frequently Asked Questions
Summary
- You have the same labor rights as Japanese workers — nationality does not reduce your entitlements under Japanese law
- Minimum wage varies by prefecture — always verify the rate where you actually work; the national average is ~1,121 yen/hr (Oct 2025)
- Overtime must be paid — 125% for standard overtime, 150% for over 60 hours/month, 135% for holiday work
- 10 days of paid leave after 6 months — increasing up to 20 days; employers cannot simply refuse your leave request
- Workers' accident insurance covers everyone — regardless of visa status; employer pays the premium
- Social insurance enrollment is mandatory — pension contributions may be refundable when you leave Japan
- Discrimination based on nationality is prohibited — same wages for same work is the legal standard
- You must receive a written employment contract — before or at the start of work; keep your copy safe
- You can join a union — and your employer cannot legally retaliate against you for doing so
- Free consultations are available — the Labor Standards Inspection Office and 外国人労働者相談コーナー provide multilingual, confidential support at no cost
- You can legally stay during a pending visa application — submit your application before expiry and carry your receipt
Understanding your rights is not about causing conflict with your employer — it is about knowing where you stand and what protections exist if things go wrong. Most employers in Japan follow these rules diligently. But when they do not, you have legal tools and institutions on your side.
If you are looking for a new employer who fully complies with Japanese labor law, or if you have questions about your current situation, reach out to TreeGlobalPartners. Job placement is free for workers. All visa and registration procedures are handled by our group company, Administrative Scrivener Corporation Tree (行政書士法人Tree).
Looking for an Employer Who Respects Your Rights?
TreeGlobalPartners connects SSW / Tokutei Ginou workers with verified, law-compliant employers across Japan. Our job placement service is completely free for workers — fees are paid by hiring companies only. For visa and registration support, our group company Administrative Scrivener Corporation Tree (行政書士法人Tree) is ready to assist. One inquiry, full support.
Get Free Job Placement Support →Disclaimer: Information in this article is accurate as of April 2026 and is provided for general information purposes only. Labor laws, minimum wage rates, and immigration regulations are subject to change. For the most current information, consult the Ministry of Health, Labour and Welfare (厚生労働省) and the Immigration Services Agency of Japan (出入国在留管理庁). This article does not constitute legal advice. For your specific situation, please consult a qualified labor or immigration professional (弁護士 / 行政書士).