Foreign Workers' Rights in Japan: What Your Employer Won't Tell You

Information current as of March 2026 based on the Labor Standards Act, Labor Contract Act, and MHLW guidelines. As the founder of LO-PAL, I built this service after seeing foreign workers at a hospital in Osaka who didn't know their basic rights — they accepted illegal working conditions simply because no one explained the rules in their language.

Your rights at a glance

Right	Law	Key detail
Equal treatment regardless of nationality	Labor Standards Act, Art. 3	No discrimination in wages, hours, or conditions based on nationality
Overtime pay	Labor Standards Act, Art. 37	25% premium (standard), 35% (holidays), 50% (60+ hours/month)
Maximum working hours	Labor Standards Act, Art. 32	8 hours/day, 40 hours/week. Overtime requires a 36 Agreement
30-day dismissal notice	Labor Standards Act, Art. 20	Or 30 days' wages in lieu. Wrongful dismissal is void.
Paid annual leave (有給休暇)	Labor Standards Act, Art. 39	10 days after 6 months (80%+ attendance). Increases yearly.
Harassment-free workplace	Labor Policy Act (2022 amendment)	All companies must prevent power harassment, sexual harassment
Workers' compensation (労災)	Workers' Compensation Insurance Act	Covers work injuries/illness regardless of visa status
Minimum wage	Minimum Wage Act	Varies by prefecture. National average: ~¥1,050+/hour (2025)

Overtime: how much you should actually be paid

Many foreign workers don't realize their employer is underpaying overtime — especially when the contract includes 固定残業代 (fixed overtime pay). Here are the legal rates:

Type of work	Premium rate
Standard overtime (over 8h/day or 40h/week)	125% (+25%)
Night work (22:00–05:00)	125% (+25%)
Statutory holiday work (法定休日)	135% (+35%)
Overtime exceeding 60 hours/month	150% (+50%) — applies to ALL companies since April 2023
Overtime + night work combined	150%

If your contract mentions 固定残業代 or みなし残業, you may be losing money without knowing it. See our detailed guide to overtime calculation and fixed overtime traps for how to check your pay slip.

If you're fired: what to do first

Japan has some of the strongest employment protections in the world. Dismissal is only valid if it has objectively reasonable grounds and is socially appropriate (Labor Contract Act, Art. 16). If either condition is missing, the dismissal is legally void.

Your immediate actions:

1. Do NOT sign anything. Not a resignation letter (退職届), not a settlement agreement, nothing. Signing can waive your rights.
2. Request a 解雇理由証明書 (kaiko riyuu shoumeisho — written statement of dismissal reasons). Your employer is legally required to provide this.
3. Contact the Labor Standards Office or consult a lawyer.

For the full process — 30-day notice rule, dismissal notice allowance, labor tribunal, and how to fight back — see our guide to wrongful dismissal.

Harassment: your employer MUST act

Since April 2022, all companies in Japan — including SMEs — must have power harassment prevention measures in place. This includes internal consultation channels, investigation procedures, and protection against retaliation. Sexual harassment protections have existed even longer under the Equal Employment Opportunity Act.

New in 2026: customer harassment (カスタマーハラスメント) prevention measures become mandatory from October 2026.

If you're being harassed and your company does nothing, you have external options. See our guide to harassment evidence and reporting for how to document what's happening and where to get help.

Where to get help (in your language)

The biggest barrier for foreign workers isn't the law — it's the language. Here are the free, multilingual resources:

Foreign Workers Consultation Dial (外国人労働者向け相談ダイヤル)

Operated by MHLW. 13 languages, no cost:

Language	Phone number
English	0570-001-701
Chinese	0570-001-702
Portuguese	0570-001-703
Spanish	0570-001-704
Tagalog	0570-001-705
Vietnamese	0570-001-706
Myanmar	0570-001-707
Nepali	0570-001-708
Korean	0570-001-709
Thai	0570-001-712
Indonesian	0570-001-715
Khmer	0570-001-716
Mongolian	0570-001-718

Hours: Weekdays 10:00–15:00 (closed 12:00–13:00). Language availability varies by day — call to check.

Labor Conditions Hotline (労働条件相談ほっとライン)

• Phone: 0120-811-610 (toll-free)
• Hours: Weekdays 17:00–22:00, weekends/holidays 9:00–21:00
• Languages: 14 languages (Japanese + 13 above)

But here's the problem: these phone lines have limited hours and language-specific schedules. If your language isn't available today, you're stuck. That's exactly why I built LO-PAL — post your question for free, anytime, in any language. A local Japanese person can help you understand your situation, call the hotline on your behalf, or accompany you to the labor office.

For detailed step-by-step instructions on filing a complaint at the Labor Standards Office (in Tokyo and Osaka), see our guide to 労基署 complaints.

Freelancers: new protections since November 2024

The Freelance Protection Act (フリーランス保護法) took effect November 1, 2024. If you work as a freelancer in Japan, your clients must now:

• Pay within 60 days of receiving your deliverables
• Provide written contracts with clear scope, payment, and deadlines
• Give 30 days' notice before terminating contracts of 6+ months
• Not reduce payment, refuse deliverables, or change terms unreasonably

For the full guide including enforcement and how to file complaints, see our freelance protection guide.

Workers' compensation: you're covered even without legal status

If you're injured at work, 労災保険 (rousai hoken — workers' compensation insurance) covers you regardless of your visa status. Even if you're working without proper authorization, you are still entitled to workers' compensation. Your employer cannot refuse to file. If they do, see our guide to claiming rosai even if your boss says no.

Related articles

• Overtime Calculation in Japan: Fixed Overtime Traps and How to Check Your Pay
• Wrongfully Fired in Japan? Your Rights and How to Fight Back
• Workplace Harassment in Japan: Evidence, Reporting, and Legal Options
• How to File a Complaint at the Labor Standards Office (Tokyo & Osaka)
• Japan's Freelance Protection Act: Your Rights Since November 2024
• How to Recover Unpaid Wages Before 3 Years Run Out
• Hurt at Work? Claim Rosai Even If Your Boss Says No
• Where to Report Discrimination in Japan
• Rishokuhyo Delayed? How to Start Unemployment Benefits
• Student Work Permit: 28-Hour Rule & Traps
• Horenso: How to Report Problems at Work

Get a Local Helper to Fight Your Corner

Filing a complaint, sending a 内容証明 (formal notice), or attending a labor tribunal hearing all require Japanese. Post your task on LO-PAL for free — a local helper can call the labor office in your language, prepare documents, or accompany you to mediation. You only pay when you accept task help.