Summary
The majority of workers in Japan have the right to take maternity/paternity leave and receive childbirth allowances and childcare benefits. However, many immigrant workers are unaware of these rights and may face unfair treatment due to employer pressure. This article introduces the case of a Filipino couple and explains how union intervention helped them secure their legitimate rights. Without union support, many workers might find themselves in situations where they have to accept unfair treatment. It’s important to widely communicate that Japanese labour laws apply to all workers and emphasize the importance of utilizing union power.

Most workers in Japan can take both pre and post-natal leave (maternity leave) and childcare leave (available to both men and women). Of course, they can also receive both childbirth allowances and childcare benefits.

In fact, many Japanese people are unaware of these rights, even with access to information in Japanese. This makes the situation even more challenging for immigrants working in Japan. While there are frequent reports of technical intern trainees being told to “return home if pregnant,” such unfair treatment isn’t limited to them – as evidenced by a case at a major corporation.

This involves a Filipino couple working for a global company with more than 30 subsidiaries worldwide. They began working at the Philippine subsidiary and, through an internal transfer programme, came to Japan in May 2022, initially working separately in Yokohama and Fukuoka.

After finally being able to live together in Fukuoka, they were blessed with news of pregnancy. The company manager told the happy couple, “Congratulations on the pregnancy. Now that you’re pregnant, you need to decide: either the wife quits and you both live in Japan, or you both return to the Philippines.” Early in the new year, under the guise of kindness, they were pressured to return early, being told “Since your contract runs until March 31, 2025, it would be better to return to the Philippines as soon as possible and give birth there.”

The couple couldn’t accept the company’s stance. They first consulted “Mothers Tree Japan,” a support centre for immigrants dealing with pregnancy and childbirth issues, then were referred to “Living in Asia Association-Fukuoka,” and finally came to the General Union. While these support organisations provide valuable advice, labour unions have legally recognised collective bargaining rights and can make legal demands to employers.

The couple wished to use the social insurance system to give birth and raise their child in Japan while developing their systems development skills. Despite fears of company retaliation, they joined the General Union to fulfil their hopes.

We first consulted the Labour Bureau, pointing out that the company’s response violated both the Labour Standards Act and the Equal Employment Opportunity Act, and requested guidance be issued to the company.

We then notified the head office in Kanagawa that the couple were union members and demanded compliance with the Labour Standards Act and Equal Employment Opportunity Act regarding pregnancy and childbirth.

As a result, the company acknowledged “miscommunication between the workplace and management department, and insufficient explanation of procedures.” They confirmed the couple could use maternity leave and childcare leave systems, that the head office would contact them about procedures and system applications, and extended their contract period to ensure a worry-free childbirth.

The couple achieved 100% of their wishes. However, we must remember that these systems are available to most workers in Japan. Yet, when employers try to prevent workers from exercising these rights, union intervention often becomes necessary. This applies to Japanese labour laws in general. We need to more widely communicate to our immigrant colleagues working in Japan that Japanese labour laws follow “territorial principles” – they apply to “anyone working in Japan.”

According to the member, “As a foreigner working in Japan while pregnant, negotiating with the company’s HR personnel and manager alone was extremely challenging. Despite numerous discussions, the outcomes were overwhelmingly unfavorable for us. We attended several events with Mother’s Tree Japan and shared our situation with them. This led to a series of introductions and discussions with the Living in Asia Association-Fukuoka and, ultimately, the General Union. With their support, we brought our case to the Labor Bureau. From that point on, negotiations became much smoother and worked in our favor. We are truly thankful that we reached out to them; without their support, we would have been unfairly sent back to our home country.”

Note: Dismissal due to pregnancy or childbirth violates the following laws:
1. Labour Standards Law
• Article 19: “Employers shall not dismiss women during periods of leave under Article 65 or within 30 days thereafter”

2. Equal Employment Opportunity Law
• Article 9, Paragraph 3: “Employers shall not dismiss or otherwise treat disadvantageously a female worker for pregnancy, childbirth, or other pregnancy/childbirth-related reasons specified by Ministry of Health, Labour and Welfare ordinance”

3. Child Care and Family Care Leave Law
• Article 10: “Employers shall not dismiss or otherwise treat disadvantageously a worker for requesting or taking childcare leave”

4. Violations of these laws are subject to the following penalties:
• Labour Standards Law violations: Up to 6 months imprisonment or fines up to 300,000 yen (Article 119)
• Equal Employment Opportunity Law violations: Administrative measures including company name publication (Article 30)