Hi all, Corrector here.
Recently I have recieved some questions about rights of women in the workplace, specifically rights concerning pregnancy. Hopefully, this information can act as a starting point for anyone who has similar questions.
First, here is what Japanese Law says about pregnancy in the workplace:
from “Phase III” of the Japanese Equal Employment Opportunity Act
http://www.jil.go.jp/english/documents/JLR15_nakakubo.pdf
Page 18 of the PDF:
(1) Forced Retirement by Reason of Marriage, Pregnancy or Childbirth, and Dismissal for Marriage
“Paragraph 1 of Article 9 prohibits employers from stipulating “marriage, pregnancy or childbirth” as a reason for retirement of female workers, and Paragraph 2 of the same article states that employers shall not dismiss female workers for marriage. These provisions were contained in the former EEOA, although dismissal for marriage was prohibited together with dismissals by reason of pregnancy, childbirth or maternity leaves taken before and after
childbirth. These are dealt with separately in Paragraph 3 of Article 9, as shown below. ”
“(3) Dismissal during Pregnancy or in the First Year after Childbirth
Moreover, Paragraph 4 of Article 9 was added as an entirely new provision, which says that dismissal of female workers who are pregnant or in the first year after childbirth shall be “void.” At first glance this provision appears rather drastic, but the following proviso states that this shall not apply in the event that employers prove that the dismissal is not for reasons prescribed in Paragraph 3 of Article 9. Hence, this is in essence a change in the burden of proof. Nonetheless, it will be of great significance in the real workplace that the dismissal is presumed to be void, since employers have to refrain from dismissing female workers in the absence of a fully persuasive reason for termination.Article 9 (Prohibition, etc. of Disadvantageous Treatment by Reason of Marriage, Pregnancy, Childbirth, etc.)
(1) Employers shall not stipulate marriage, pregnancy or childbirth as a reason for retirement of women workers.
(2) Employers shall not dismiss women workers for marriage.
(3) Employers shall not dismiss or give disadvantageous treatment to women workers by reason of pregnancy, childbirth, or for requesting absence fromwork as prescribed in Article 65, paragraph 1, of the Labor Standards Act (Act No. 49 of 1947), or having taken absence from work as prescribed in the same Article, paragraph 1 or 2, of the same act, or by other reasons relating to pregnancy, childbirth as provided by Ordinance of the Ministry of Health, Labor and Welfare.
(4) Dismissal of women workers who are pregnant or in the first year after childbirth shall be void. However, this shall not apply in the event that the employer proves that the dismissal in question was not for reasons prescribed in the preceding paragraph.”Additional matierials in English can be found here from the Japan Institute of workers’ Evolution:
http://www.jiwe.or.jp/english/law/index.html
More information about these issues can be found in the Labor Standards Act PDF found here:
http://www.jil.go.jp/english/laborinfo/library/documents/llj_law1-rev.pdf
Union members who experience discrimination on the basis of pregnancy should contact the union for information on how to proceed.