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III. Working Conditions Under the Pandemic Crises

Japanese laws contain express provisions related to the health and safety of
employees. Under Article 5 of the Labor Contract Law, “an Employer is to give the

necessary consideration to allow a Worker to work while ensuring the employee’s
physical safety”. In case of pandemic crisis, this means that the employer must take
preventative measures against infections in the workplace. Another important legislation

that is relevant and applies to the COVID-19 related labor issues is the Industrial Safety
and Health Act. This legislation applies, for example, to the issues related to teleworking
5
and staggered hours.

An employer trying to maintain a safe workplace in light of the COVID-19
outbreak could be justified in implementing measures such as requiring employees

to work from home, having temperature checkpoints and disinfectants at office entrances,
cancel business trips, and undertake other necessary measures. Although it is necessary

to give the utmost consideration to the employees’ health, it is also necessary for each
employer to consider the extent to which such measures are necessary and reasonable
for the continuation of business without causing an undue deterioration in the business

operations. The key is that any measures taken by the employer must be proportionate
to maintaining the employee safety and an appropriate working environment.

Measures taken by the employers in Japan include staggered hours,
telecommuting, and leaves of absence. These measures have to be contemplated in the

circumstances of each case, and uniform approach is not possible. It is left to the
individual employers to determine what is the most suitable way to deal with this kind
of problems within the framework of the company employment rules.

The measures taken by the employer may depend on various circumstances,
and particularly the health condition of the workers. A distinction can be made between

the situation where: a) an employee is suspected to be infected, and b) an employee is

5 http://www.japaneselawtranslation.go.jp/law/detail/?printID=&id=1926&vm=02&re=02 (English
translation).

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