Japan's Labor Law Challenges: Freelance Protections and Overwork Persist
Japan Post allegedly violated the November 2023 Freelance Protection Act by failing to specify work conditions, while overwork culture persists despite reforms, affecting foreign workers' rights.
Key Points
- • Freelance Protection Act requires written contracts specifying payment, deadlines, and work scope.
- • Japan Post violated freelance law; expats should verify compliance with employers.
- • Overtime legally capped at 45 hours monthly; workers can refuse excessive hours.
- • Labor Standards Inspection Offices handle complaints in multiple languages nationwide.
Two recent developments highlight ongoing labor rights challenges in Japan that directly affect foreign workers: violations of new freelance protection laws and persistent overwork culture despite reform efforts.
According to NHK, Japan Post has been found potentially violating the Freelance Protection Act, which came into effect in November 2023. The postal service allegedly failed to fulfill its legal obligation to clearly specify transaction conditions when commissioning work to freelance contractors. The company has acknowledged that its internal regulations were not properly aligned with the new law's requirements, raising concerns about compliance across Japan's gig economy.
The Freelance Protection Act represents a significant shift in Japanese labor law, establishing mandatory protections for independent contractors who have historically operated in a legal gray zone. The law requires businesses to provide written documentation of payment terms, work deadlines, and other essential conditions before work begins. It also prohibits unreasonable contract modifications and establishes harassment protections for freelancers.
For foreign residents working as freelancers in Japan—whether as English teachers, translators, IT consultants, or creative professionals—these protections are crucial. Many expats choose freelance work for flexibility, but have faced challenges with unclear payment terms, delayed compensation, or sudden contract changes. The Japan Post case demonstrates that even major corporations may not be fully compliant, suggesting freelancers should proactively verify their rights are being respected.
Foreign freelancers should insist on written contracts specifying payment amounts, due dates, work scope, and delivery deadlines. If a company fails to provide this documentation, they are violating the law. The Act also prohibits clients from unilaterally reducing agreed-upon compensation or imposing unreasonable rework demands without additional payment.
Meanwhile, Livedoor News reports on the persistent overwork crisis through the story of a mother whose daughter died from overwork (karoshi) in 2015. Despite labor reforms implemented since then, including overtime caps introduced in 2019, the mother expresses frustration that "Japan hasn't changed at all." Her testimony underscores that cultural attitudes toward excessive work hours remain deeply entrenched, even as legal frameworks evolve.
This concern affects foreign employees who may face pressure to conform to overtime expectations, particularly in traditional Japanese companies. While the 2019 reforms legally limit overtime to 45 hours monthly and 360 hours annually (with some exceptions), enforcement remains inconsistent. Foreign workers may feel especially vulnerable to workplace pressure, fearing that refusing excessive overtime could jeopardize their employment status or visa sponsorship.
Expats should understand that Japanese labor law provides significant protections, regardless of nationality. The Labor Standards Act applies equally to all workers in Japan, and companies cannot legally require unlimited overtime. Workers have the right to refuse work beyond legal limits, and employers cannot retaliate for such refusals.
However, the gap between legal protections and workplace reality remains significant. Many companies still expect employees to participate in "service overtime" (unpaid extra hours) or pressure workers to underreport actual hours worked. Foreign employees should document their working hours carefully and understand their rights under both employment contracts and Japanese labor law.
For those experiencing workplace violations, several resources exist. Local Labor Standards Inspection Offices (roudou kijun kantokusho) handle complaints in multiple languages in major cities. The General Union and other labor unions also support foreign workers, offering advice and representation.
The contrast between Japan's progressive new freelance protections and persistent overwork culture illustrates the complex labor landscape foreign residents navigate. While legal frameworks increasingly protect workers' rights, cultural change lags behind legislation. Expats should educate themselves about their legal protections, maintain thorough documentation, and not hesitate to seek support when rights are violated. Understanding that even major corporations like Japan Post face compliance challenges can empower workers to advocate for themselves confidently.