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Social Insurance and Labor Consultant Examination study materials
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Social Insurance and Labor Consultant Examination practice questions

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Question 1Labor Standards Act

Under the Labor Standards Act, what is the general maximum number of regular working hours per day and per week for a full-time employee?

  1. 12 hours per day and 60 hours per week
  2. 10 hours per day and 48 hours per week
  3. 8 hours per day and 48 hours per week
  4. 8 hours per day and 40 hours per week Correct answer.

Explanation

The Labor Standards Act sets the normal working time at no more than 8 hours per day and no more than 40 hours per week for regular employees. Any work beyond these limits is treated as overtime and requires additional pay.

Question 2Labor Standards Act

An employee works 2 hours of overtime on a normal workday. Under the Labor Standards Act, how is that overtime pay calculated?

  1. At no less than 1.34 times the regular hourly rate Correct answer.
  2. At no less than 2 times the regular hourly rate
  3. At the regular hourly rate
  4. At no less than 1.67 times the regular hourly rate

Explanation

Overtime on a normal workday is paid at no less than 1.34 times the regular hourly wage for the first two hours. A higher multiplier applies beyond the first two hours.

Question 3Labor Standards Act

How many regular rest days must an employer generally provide for every seven-day period under the Labor Standards Act?

  1. One
  2. Two Correct answer.
  3. Three
  4. Four

Explanation

The Labor Standards Act requires at least two regular rest days for every seven-day period, one of which is a mandatory rest day. This is the basis of the so-called two-day weekend rule.

Question 4Labor Standards Act

An employee is asked to work on a regular rest day. How must the employer pay for that work?

  1. At no less than 1.67 times the regular hourly rate
  2. At the regular hourly rate only
  3. At no less than 2 times the regular hourly rate for all hours worked Correct answer.
  4. At no less than 1.34 times the regular hourly rate

Explanation

Work on a regular rest day is compensated at no less than double the regular hourly wage. This reflects the higher burden of working on a designated rest day.

Question 5Labor Standards Act

What is the minimum age for employment under the Labor Standards Act for a person who has completed compulsory education?

  1. 20 years old
  2. 18 years old
  3. 16 years old Correct answer.
  4. 15 years old

Explanation

The general minimum age for employment is 16 years old. Workers aged 15 to 16 who have completed compulsory education may be employed only with special protections.

Question 6Labor Standards Act

Which category of worker is expressly protected by special provisions on night work and hazardous work under the Labor Standards Act?

  1. Part-time workers only
  2. Workers aged 16 to 18 Correct answer.
  3. Workers over 60
  4. Female employees generally

Explanation

The Act imposes special protections for workers aged 16 to 18, including restrictions on night work and hazardous work. These protections recognize the vulnerability of young workers.

Question 7Labor Standards Act

An employee has worked for the same employer for 3 years. How much annual paid leave is the employee entitled to under the Labor Standards Act?

  1. 10 days Correct answer.
  2. 14 days
  3. 7 days
  4. 15 days

Explanation

Annual paid leave accrues with years of service: 7 days after 1 year, 10 days after 2 years, 14 days after 3 years, and more thereafter. At 3 years of service the entitlement is 14 days.

Question 8Labor Standards Act

An employee has completed 5 years of continuous service. How many days of annual paid leave is the employee entitled to?

  1. 10 days
  2. 15 days Correct answer.
  3. 14 days
  4. 12 days

Explanation

Annual leave increases with service, reaching 15 days after five years. This is one step above the 14 days granted at three years.

Question 9Labor Standards Act

When an employee's annual paid leave is not taken because of the employer's needs, how must the employer handle it?

  1. Convert it to sick leave
  2. Carry it over indefinitely with no record
  3. Forfeit the leave without compensation
  4. Pay wages for the untaken leave at the end of the year or on termination Correct answer.

Explanation

If leave is not taken due to employer requirements, the employer must pay wages for the untaken days at year-end or upon termination. Leave cannot simply be forfeited in that situation.

Question 10Labor Standards Act

Under the Labor Standards Act, when must wages generally be paid to an employee?

  1. Whenever the employer chooses
  2. Every two weeks
  3. Only at the end of the contract
  4. At least once per month on a regular date Correct answer.

Explanation

Wages must be paid regularly at least once per month on a fixed date, in full, and directly to the worker. This protects the worker's cash flow and predictability.

Question 11Labor Standards Act

An employer wishes to deduct a penalty from an employee's wages for tardiness. Which statement reflects the Labor Standards Act?

  1. Any deduction is allowed if stated in the contract
  2. Deductions are allowed up to half of monthly wages
  3. Deductions are allowed only with court approval
  4. Deductions for penalties are prohibited, and only limited lawful deductions such as those agreed in writing for specific purposes are allowed Correct answer.

Explanation

The Act generally prohibits wage deductions for penalties and limits deductions to specific lawful categories, such as those agreed in writing for savings or welfare purposes, subject to caps.

Question 12Labor Standards Act

What is the statutory minimum standard for ordinary termination notice by an employer?

  1. Twenty days' advance notice Correct answer.
  2. No notice is required
  3. Thirty days' advance notice
  4. Ten days' advance notice

Explanation

An employer terminating an employee under the ordinary termination provisions must give at least 20 days' advance notice. If notice is shorter, wages for the shortfall must be paid.

Question 13Labor Standards Act

An employer terminates an employee without giving the required advance notice. What is the employer's obligation?

  1. Reinstate the employee automatically
  2. No further obligation
  3. Pay wages for the notice period shortfall Correct answer.
  4. Pay double severance

Explanation

If the employer does not give the full advance notice period, it must pay wages for the days of notice not given. This substitutes for the missing notice.

Question 14Labor Standards Act

An employer terminates an employee who has worked for 4 years. What is the minimum severance entitlement under the Labor Standards Act?

  1. Four months' average wages Correct answer.
  2. Six months' average wages
  3. Eight months' average wages
  4. Two months' average wages

Explanation

Severance is calculated at half a month's average wage per year of service, so 4 years yields 2 months. However, the Act also provides a minimum floor for longer service.

Question 15Labor Standards Act

Which of the following is a ground on which an employer may terminate an employee without advance notice under the Labor Standards Act?

  1. The employee requests a raise
  2. The business suffers a temporary slowdown
  3. The employee takes annual leave
  4. The employee is convicted of a crime related to the work and sentenced to imprisonment Correct answer.

Explanation

Termination without notice is permitted only in limited serious cases, such as a criminal conviction related to the work resulting in imprisonment. Ordinary business or personal matters do not qualify.

Question 16Labor Standards Act

An employee resigns after 2 years of service. What notice must the employee give the employer under the Labor Standards Act?

  1. Ten days' advance notice Correct answer.
  2. Twenty days' advance notice
  3. No notice
  4. Thirty days' advance notice

Explanation

An employee resigning after more than three months of service must give at least 10 days' advance notice. Shorter service does not trigger this requirement.

Question 17Labor Standards Act

Which statement best describes the Labor Standards Act's rule on gender-based wage discrimination?

  1. Employers may pay different wages for the same work based on gender if the market dictates it
  2. Employers may pay different wages based on gender for part-time work only
  3. Employers may pay different wages based on gender if the employee agrees
  4. Employers must pay equal wages for equal work regardless of gender Correct answer.

Explanation

The Act requires equal pay for equal work without regard to gender. Wage differences based on gender are prohibited even with employee consent.

Question 18Labor Standards Act

Under the Labor Standards Act, what is the maximum length of a probationary period that may be imposed without triggering additional obligations?

  1. Three months
  2. One month
  3. The Act does not set a specific probationary period Correct answer.
  4. Six months

Explanation

The Labor Standards Act does not prescribe a specific probationary period. Probation is governed by agreement, but all statutory protections still apply during probation.

Question 19Labor Standards Act

What is the statutory minimum rest break for an employee who works continuously for 8 hours?

  1. 30 minutes Correct answer.
  2. 45 minutes
  3. 15 minutes
  4. 60 minutes

Explanation

The Act requires a rest break of at least 30 minutes after 4 continuous hours of work and at least 1 hour after 8 continuous hours. For an 8-hour continuous shift, the 1-hour break applies.

Question 20Labor Standards Act

An employee works 5 hours continuously. What rest break must the employer provide?

  1. At least 30 minutes Correct answer.
  2. At least 15 minutes
  3. No break required
  4. At least 1 hour

Explanation

A rest break of at least 30 minutes is required after 4 continuous hours of work. The 1-hour break applies only after 8 continuous hours.

Question 21Labor Standards Act

Which statement about the employer's obligation to keep employee attendance records is correct?

  1. Records must be kept for at least five years Correct answer.
  2. Records may be kept orally
  3. Records are required only for overtime workers
  4. Records may be discarded after one month

Explanation

Employers must keep worker attendance records, wage records, and similar documents for at least five years. This supports enforcement and dispute resolution.

Question 22Labor Standards Act

An employer wants to introduce a flexible working-hours system. Which statement reflects the Labor Standards Act?

  1. Any schedule is permitted if employees agree
  2. Flexible hours are entirely prohibited
  3. Flexible hours apply only to managers
  4. Certain flexible arrangements require specific statutory procedures and may need administrative approval or reporting Correct answer.

Explanation

Flexible working arrangements such as adjusted or shifted schedules are permitted only under specific statutory procedures, including employee consent and, in some cases, reporting or approval.

Question 23Labor Standards Act

What is the rule on payment of wages upon termination of employment?

  1. Wages must be paid within the statutory period after termination, generally promptly Correct answer.
  2. Wages may be withheld until the employee returns all equipment
  3. Wages may be paid in installments over six months
  4. Wages may be paid at the next regular payday regardless of delay

Explanation

On termination, wages must be paid within the statutory period, generally promptly, and withholding for equipment return is not permitted as a general practice.

Question 24Labor Standards Act

An employer requires an employee to work on a national holiday designated by the central competent authority. How is that work compensated?

  1. At no less than triple the regular rate
  2. At no less than 1.34 times the regular rate
  3. At the regular rate
  4. At no less than double the regular rate Correct answer.

Explanation

Work on a designated holiday is compensated at no less than double the regular wage. This mirrors the treatment of rest-day work.

Question 25Labor Standards Act

Which of the following best describes the Labor Standards Act's approach to part-time workers?

  1. Part-time workers are covered, with proportional application of certain entitlements Correct answer.
  2. Part-time workers receive no annual leave under any circumstances
  3. Part-time workers are excluded from the Act
  4. Part-time workers are treated identically to full-time workers in all respects

Explanation

Part-time workers are covered by the Act, and certain entitlements such as annual leave and holiday pay are applied proportionally based on hours worked.

Question 26Labor Standards Act

Under the Labor Standards Act, what is the general maximum number of regular working hours permitted in a single day for an adult employee?

  1. 10 hours
  2. 8 hours Correct answer.
  3. 12 hours
  4. 6 hours

Explanation

The Labor Standards Act sets the normal working day at no more than 8 hours of regular hours. Any hours beyond that are treated as overtime and require additional pay. A different figure would only arise from a lawful flexible-hours arrangement, not the general rule.

Question 27Labor Standards Act

An employer needs an employee to work overtime on a regular working day. Under the Labor Standards Act, what is the general requirement before the employer may order that overtime?

  1. The employer may order overtime freely without any consent requirement.
  2. The employer must obtain the employee's consent or that of the labor union. Correct answer.
  3. The employer only needs to inform the employee after the overtime is completed.
  4. The employer must first obtain approval from the central competent authority.

Explanation

Overtime generally requires the agreement of the employee or the labor union, so it cannot be imposed unilaterally. The Act also caps the total overtime that may be worked within set periods. After-the-fact notice or government pre-approval is not the statutory mechanism.

Question 28Labor Standards Act

An employee works on a day designated as a rest day under the Labor Standards Act. How must the employer compensate that work?

  1. By granting compensatory leave only, with no wage premium.
  2. At twice the ordinary hourly rate for the first two hours and a higher statutory rate beyond that. Correct answer.
  3. At one and one-third times the ordinary rate for all hours worked.
  4. At the ordinary hourly rate with no premium.

Explanation

Work performed on a rest day carries a premium: the first two hours are paid at no less than twice the ordinary rate, and further hours at a higher statutory multiplier. This differs from the premium structure for ordinary working-day overtime. Plain-rate pay or leave-only treatment does not satisfy the rule.

Question 29Labor Standards Act

An employer and employee agree to convert unpaid annual leave into wages at year-end. Which statement reflects the Labor Standards Act?

  1. Unused leave is automatically forfeited at year-end regardless of the reason.
  2. If leave is not taken because of the employer's needs, the employer must pay wages for the unused days. Correct answer.
  3. Unused leave may be carried over indefinitely with no wage conversion.
  4. The employer may substitute a bonus in place of paying for unused leave.

Explanation

When annual leave cannot be taken because of the employer's needs, the employer must pay wages for the untaken days. The choice does not rest solely with the employer to forfeit or substitute. Carry-over and forfeiture rules do not override this payment duty.

Question 30Labor Standards Act

Under the Labor Standards Act, what is the general minimum age for employment of a worker?

  1. 20 years
  2. 18 years
  3. 15 years Correct answer.
  4. 12 years

Explanation

The Act generally sets 15 years as the minimum age for employment, with special protective rules for younger workers in permitted circumstances. Workers under 18 are additionally subject to restrictions on hazardous and night work. The higher ages listed are not the general employment minimum.

Question 31Labor Management and Safety

Under Japan's Labor Standards Act, within how many days must wages be paid after the closing date of the wage calculation period?

  1. Within 15 days Correct answer.
  2. Within 7 days
  3. Within 45 days
  4. Within 30 days

Explanation

The Labor Standards Act requires wages to be paid at least once a month on a fixed date and, where a closing period is used, within a defined short interval after the close. The statutory maximum interval is 15 days.

Question 32Labor Management and Safety

Which principle of the Labor Standards Act prohibits an employer from paying wages in goods or merchandise instead of currency?

  1. The principle of free contract
  2. The principle of monthly payment
  3. The principle of full payment in currency Correct answer.
  4. The principle of equal pay

Explanation

The Act requires wages to be paid in currency, in full, directly to the worker, and monthly on a fixed date. Paying in kind violates the currency-payment principle.

Question 33Labor Management and Safety

An employer wants to change a work rule that reduces a benefit. Under the Labor Contract Act, a disadvantageous change to work rules is generally enforceable only if the employer satisfies which requirement?

  1. The change is filed with the Labor Standards Inspection Office
  2. The change is announced at least one year before it takes effect
  3. The change is agreed to individually by a majority of employees
  4. The change is reasonable and the employer has informed employees or obtained their consent through a labor union or representative Correct answer.

Explanation

A disadvantageous change to work rules is not automatically binding. It is enforceable only where the content is reasonable and the employer has notified employees or secured agreement through the union or employee representative.

Question 34Labor Management and Safety

Which body must an employer consult when concluding a labor-management agreement on overtime work beyond statutory limits?

  1. A labor union or a representative of a majority of the employees Correct answer.
  2. The employer's board of directors
  3. The Labor Standards Inspection Office
  4. The prefectural labor commission

Explanation

Overtime work beyond statutory limits requires a written labor-management agreement with a labor union organized by a majority of the workplace or a representative of a majority of the employees. The agreement must then be filed with the authority.

Question 35Labor Management and Safety

An employee works 8 hours on a statutory holiday. Under the Labor Standards Act, what premium rate generally applies to work on a statutory holiday?

  1. 35 percent Correct answer.
  2. 100 percent
  3. 25 percent
  4. 50 percent

Explanation

Work on a statutory holiday generally requires a premium of 35 percent above the normal wage. This differs from the 25 percent premium for ordinary overtime and the higher rates for late-night work.

Question 36Labor Management and Safety

Which of the following is the standard statutory minimum for annual paid leave granted to an employee who has been continuously employed for six months and attended at least 80 percent of scheduled workdays?

  1. 20 days
  2. 5 days
  3. 10 days Correct answer.
  4. 12 days

Explanation

An employee with six months of continuous service and an 80 percent attendance record is entitled to 10 days of annual paid leave. The entitlement increases with years of service.

Question 37Labor Management and Safety

An employer assigns an employee to a different workplace without changing the employee's duties, and the transfer is found to be an abuse of right. Which legal consequence follows?

  1. The transfer becomes valid after one month
  2. The employee must resign to dispute it
  3. The transfer is void and the employee may refuse it Correct answer.
  4. The transfer remains valid but the employer must pay double wages

Explanation

A personnel transfer that lacks business necessity or is otherwise abusive is treated as an abuse of right and is void. The employee is therefore not obliged to comply.

Question 38Labor Management and Safety

Under Japan's Industrial Safety and Health Act, an employer must conduct a general health examination for regular employees at least how often?

  1. Once every two years
  2. Once every three years
  3. Once a year Correct answer.
  4. Once every six months

Explanation

Employers must provide a periodic general health examination to regular employees at least once a year. Certain workers exposed to specific hazards require more frequent examinations.

Question 39Labor Management and Safety

An employer receives a report of a worker suffering from pneumoconiosis. Which obligation does the employer generally have under the Industrial Safety and Health Act?

  1. Notify the local government health center
  2. Report the case to the Labor Standards Inspection Office Correct answer.
  3. Only record the case in internal files
  4. Suspend all operations at the site

Explanation

Employers must report cases of specified occupational diseases, including pneumoconiosis, to the Labor Standards Inspection Office. This supports monitoring and prevention measures.

Question 40Labor Management and Safety

Which measure is required of an employer when workers may be exposed to hazardous chemical substances in the workplace?

  1. Providing protective equipment and conducting risk assessments Correct answer.
  2. Requiring workers to purchase their own protective equipment
  3. Posting results only on the company intranet
  4. Replacing all workers every six months

Explanation

Employers must identify chemical hazards, conduct risk assessments, and provide appropriate protective equipment and controls at the employer's expense. The duty rests on the employer, not the worker.

Question 41Labor Management and Safety

A worker's employment injury claim is submitted to the Labor Standards Inspection Office. Which law provides the primary compensation framework for such injuries?

  1. The Employment Insurance Act
  2. The Labor Standards Act alone
  3. The Workers' Accident Compensation Insurance Act Correct answer.
  4. The Civil Code alone

Explanation

The Workers' Accident Compensation Insurance Act provides benefits for work-related injury, illness, and death. The Labor Standards Act sets the underlying employer duty, but the insurance scheme delivers the benefits.

Question 42Labor Management and Safety

An employer operates a machine with a dangerous moving part. Under the Industrial Safety and Health Act, which action best satisfies the employer's duty?

  1. Requiring workers to sign a waiver
  2. Installing guards and interlocks on the machine Correct answer.
  3. Relying on workers to be careful
  4. Posting a warning sign near the machine

Explanation

Employers must use engineering controls such as guards and interlocks to prevent contact with dangerous parts. Warnings alone are insufficient where physical safeguards are feasible.

Question 43Labor Management and Safety

An employer wishes to introduce a new safety committee. Which statement best describes the role of a safety and health committee under the Industrial Safety and Health Act?

  1. It has authority to impose criminal penalties
  2. It replaces the employer's legal duties
  3. It investigates causes of accidents and proposes preventive measures Correct answer.
  4. It sets wages for safety officers

Explanation

A safety and health committee reviews hazards, investigates accident causes, and recommends prevention measures. It supports but does not replace the employer's statutory obligations.

Question 44Labor Management and Safety

Which of the following best describes the purpose of a risk assessment under the Industrial Safety and Health Act?

  1. To assign blame after an accident
  2. To calculate insurance premiums
  3. To determine employee seniority
  4. To identify hazards and evaluate risks to prevent harm before it occurs Correct answer.

Explanation

Risk assessment is a proactive process to identify hazards, evaluate the likelihood and severity of harm, and set controls. It is preventive rather than reactive.

Question 45Labor Management and Safety

An employee has unused annual paid leave. Under the Labor Standards Act, how long does the right to that leave generally remain available before it lapses?

  1. One year
  2. Two years Correct answer.
  3. Six months
  4. Five years

Explanation

Unused annual paid leave generally lapses after two years from the date it was granted. Employers may also require workers to use a portion of it under the amended rules.

Question 46Labor Management and Safety

An employer requires an employee to take at least five days of annual paid leave per year. Under the Labor Standards Act, which statement is accurate?

  1. The employer cannot require use of annual leave
  2. The employer may designate the timing of those five days Correct answer.
  3. The employer may substitute wages for those days
  4. The employer must obtain the employee's written consent for each day

Explanation

The amended Labor Standards Act requires employers to ensure employees take at least five days of annual leave per year. Employers may designate the timing of those days after hearing the employee's views.

Question 47Labor Management and Safety

Which of the following is a required element of a written labor-management agreement for overtime work beyond statutory limits?

  1. A clause waiving the employees' right to overtime pay
  2. The employer's profit forecast
  3. A list of all employees' names and addresses
  4. The scope of work and the maximum overtime hours Correct answer.

Explanation

The agreement must specify the scope of work covered and the maximum number of overtime hours, among other matters. It must then be filed with the Labor Standards Inspection Office.

Question 48Labor Management and Safety

An employer discovers that a worker has been exposed to a specified chemical substance above the control limit. Which response best complies with the Industrial Safety and Health Act?

  1. Transfer the worker without any health assessment
  2. Take measures to reduce exposure and provide health examinations as required Correct answer.
  3. Record the exposure only in the worker's personnel file
  4. Continue work and monitor the worker informally

Explanation

Where exposure exceeds control limits, employers must reduce exposure through engineering and administrative controls and provide required health examinations. Documentation alone does not satisfy the duty.

Question 49Labor Management and Safety

Which of the following statements about the employment contract and work rules is correct under Japanese labor law?

  1. Work rules apply only to managers
  2. Work rules automatically override individual employment contracts
  3. Employment contracts that set standards below the work rules are invalid to that extent Correct answer.
  4. Work rules need not be disclosed to employees

Explanation

Where an employment contract sets conditions below the work rules, those lower terms are invalid and the work rules govern. Contracts may set better terms than the work rules.

Question 50Labor Management and Safety

An employer plans to dismiss an employee for poor performance without following any improvement process. Under the Labor Contract Act, which standard generally applies to such a dismissal?

  1. Dismissal is valid if the employer gives one month's notice
  2. Dismissal requires only the employee's verbal agreement
  3. Dismissal is valid if the employee is not a union member
  4. Dismissal requires objective and reasonable grounds and must be appropriate under social norms Correct answer.

Explanation

A dismissal lacking objective and reasonable grounds and not appropriate under social norms is generally void as an abuse of right. Poor performance alone typically requires documented steps and proportionality.