Social Insurance and Labor Consultant Examination cheat sheet

Working hours: 8 hours per day and 40 hours per week maximum; overtime requires a written labor-management agreement (Article 36 agreement) filed with the Labor Standards Inspection Office.

Overtime premium rates: 25% for hours beyond statutory limits, 35% for work on statutory holidays, 25% for late-night work (22:00-05:00), with 35% for overtime exceeding 60 hours in a month.

Annual paid leave: 10 days after 6 months of continuous service with at least 80% attendance; adds 1 day per year up to 20 days; employer must ensure 5 days are taken.

Statutory holiday: at least 1 day per week or 4 days in any 4-week period.

Dismissal requires 30 days' advance notice or payment of 30 days' average wage (notice pay); dismissal lacking objective rationality and social acceptability is void.

Wages must be paid in full, in currency, directly to the worker, and at least monthly on a fixed date; deductions are limited to those permitted by law or labor agreement.

Statutory working-age minimum is 15 years; minors under 18 cannot work more than 8 hours/day and 40 hours/week, and are barred from late-night work (22:00-05:00).

Working conditions must be stated in writing at hiring, covering wages, hours, and other key terms.

The Labor Union Act guarantees the right to organize, bargain collectively, and act collectively; unfair labor practices by employers are prohibited.

Collective bargaining must be conducted in good faith; an employer's refusal without justifiable reason constitutes an unfair labor practice.

The Industrial Safety and Health Act requires employers to appoint a safety and health manager, conduct regular risk assessments, and provide safety training.

Workplace accident reporting: serious accidents involving death or serious injury must be reported to the Labor Standards Inspection Office without delay.

The Equal Employment Opportunity Act prohibits discrimination based on sex and requires measures against sexual harassment in the workplace.

The Part-Time Labor Act prohibits unreasonable differences in treatment between part-time and full-time workers and requires written explanation of working conditions.

The Labor Contract Act establishes the principle that terms of employment are determined by agreement, with rules on changing work rules against a worker's interest.

The Dispatched Labor Act regulates temporary staffing; the client company is prohibited from treating dispatched workers as its own employees for more than 3 years in the same organizational unit (with exceptions).

Covers work-related injury, disease, disability, and death; benefits include medical treatment, temporary disability compensation, and disability compensation.

Temporary disability compensation is 80% of the average daily wage, paid from the 4th day of absence (first 3 days are waiting period, often covered by employer).

The employer bears the insurance premium in full; the rate varies by industry based on past accident experience (merit rating).

Commuting accidents are covered when the worker is commuting by a reasonable route and method between home and workplace.

Mental illness caused by work and overwork (karoshi) can be recognized as work-related under specific certification criteria.

Disability compensation is a pension (annual payment) for grades 1-7 and a lump sum for grades 8-14.

Workers' compensation benefits are not subject to income tax; civil damages can be adjusted against benefits paid.

Small businesses with fewer than 50 employees may be eligible for special enrollment of sole proprietors and family workers.

Covers unemployment benefits, employment promotion benefits, and two types of services: jobseeker benefits and employment promotion benefits.

Basic allowance eligibility: at least 12 months of insured employment in the last 2 years (6 months in the last year for involuntary separation).

Waiting period is 7 days after job separation; benefit days range from 90 to 330 days depending on age and insured period.

Benefit amount is a percentage of the daily basic allowance based on the average wage, with a minimum and maximum cap.

Premium rate is split between employer and employee; the rate varies by industry for the employment insurance portion.

Employment adjustment subsidy (雇用調整助成金) supports employers who retain workers during economic downturns.

Education and training benefits support jobseekers who take approved vocational training courses.

Voluntary resignation generally requires a longer insured period and may have a 2-month waiting period for benefits.

The Labor Standards Inspection Office enforces the Labor Standards Act, Workers' Compensation Insurance Act, and related laws; it conducts inspections and investigations.

The Labor Relations Commission handles unfair labor practice cases and collective bargaining disputes.

The Public Employment Security Office (Hello Work) administers employment insurance benefits and job placement services.

The Japan Pension Service administers the National Pension and Employees' Pension Insurance; it is not a government ministry.

The Ministry of Health, Labour and Welfare sets policy; the Labor Standards Inspection Office and Hello Work are field agencies.

The Labor Tribunal (労働審判) is a court procedure for resolving individual labor disputes; it aims for resolution within 3 sessions.

Social insurance premium collection is handled by the Japan Pension Service and the employer's payroll deduction system.

Administrative appeals against social insurance decisions are heard by the Social Insurance Review Board.

Employees are covered by employee health insurance (健康保険) through their employer; premiums are split equally between employer and employee.

Insured persons pay 30% of medical costs as copayment; the insurance covers 70% for standard treatment.

High-cost medical expense benefit (高額療養費) caps monthly out-of-pocket costs based on income and age.

Dependents (spouse, children under 70, parents under 60) can be covered if their income is below 1.3 million yen and less than half the insured person's income.

Maternity allowance: 50% of the standard monthly wage for 42 days before and 56 days after childbirth (multiple pregnancy adds 14 days).

Sick leave benefit (傷病手当金): 2/3 of the standard daily wage after 3 consecutive days of absence due to non-work illness, up to 18 months.

The standard monthly wage (標準報酬月額) is determined by salary and used to calculate premiums and benefits; it is revised annually.

Health insurance premium rate is determined by the insurer (health insurance association or the Japan Health Insurance Association) and varies by prefecture.

Covers employees under 70; premiums are split equally between employer and employee and calculated on the standard monthly wage.

The pension amount consists of a fixed basic portion (老齢基礎年金) and a proportional portion (老齢厚生年金) based on earnings.

Eligibility for old-age pension: 10 years (120 months) of insured periods; the normal starting age is 65.

The standard monthly wage and standard bonus are used for premium calculation; the premium rate is 18.3% (as of 2023), split equally.

Disability pension is available for those with disability certified as grade 1 or 2, based on the insured period and disability grade.

Survivor's pension is paid to a surviving spouse and children when the insured person dies; the amount depends on the deceased's earnings record.

Employees can receive a higher pension by deferring the start age (up to 75) with an increased rate of 0.7% per month.

The actuarial revaluation adjusts pension amounts based on wage and price movements to maintain financial balance.

Covers all residents aged 20 to 60 who are not covered by Employees' Pension; the contribution is a fixed monthly amount (16,520 yen in 2023).

Category 1 insured persons (self-employed, students) pay the full contribution; Category 2 (employees) are covered by Employees' Pension; Category 3 (dependent spouses) are covered by the primary insured person's plan.

Benefits include old-age basic pension, disability basic pension, and survivor's basic pension.

Old-age basic pension requires 10 years of contributions; the full benefit is 66,250 yen per month (2023) for 40 years of contributions.

Contribution exemptions are available for low-income persons; the exemption period may be counted with additional payments later.

The National Pension Fund is managed by the Government Pension Investment Fund (GPIF) to ensure long-term sustainability.

Voluntary participation is available for residents aged 60-64 who are not covered by Employees' Pension.

The pension amount is adjusted annually based on the consumer price index.

The Social Security and Tax Number System (My Number) links tax and social security records; employers must verify My Number at hiring.

The 2019 work-style reform law caps overtime at 45 hours per month and 360 hours per year (with exceptions for certain industries).

The equal pay for equal work principle requires employers to avoid unreasonable differences in treatment between regular and non-regular workers.

The minimum wage is set by prefecture and reviewed annually; employers must pay at least the minimum wage.

The Labor Standards Act applies to all workers regardless of nationality; foreign workers have the same rights.

The employment rate for older workers is supported by the Act on Stabilization of Employment of Elderly Persons, which requires employers to secure employment up to age 65.

The 2020 revision to the Labor Contract Act clarifies the rules for changing work rules and requires written consent for changes unfavorable to workers.

Social insurance premiums are deductible from taxable income; benefits are generally tax-exempt for certain types.

The Labor Standards Act is the core law for working conditions; it applies to all workers, including part-time and foreign workers.

The Labor Contract Act governs the formation, modification, and termination of individual employment contracts.

The Labor Union Act protects the right to organize and prohibits unfair labor practices.

The Industrial Safety and Health Act sets standards for workplace safety and health management.

The Workers' Compensation Insurance Act provides benefits for work-related injuries and diseases.

The Employment Insurance Act provides unemployment benefits and employment promotion measures.

The Health Insurance Act and Employees' Pension Insurance Act regulate social insurance for employees.

The National Pension Act covers all residents not covered by Employees' Pension.