The cost of sanitary products is about 49 yen for a lifetime.
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Also, if you take menstrual leave, you may get an allowance if you work for a company, but if you are self-employed or freelance, you may lose your income if you take a break.
Many women are unable to buy sanitary napkins due to poverty caused by corona, so don't distribute them free of charge at local governments and educational institutions ... → Continue reading
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Wikipedia related words
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|Vacation at work|
|Obligation to grant for work over 6 hours|
|Days Off(Public holiday)|
Originally a work day, but exempt from obligation
- Regarding the Labor Standards Act in this section, only the number of articles will be given below.
Menstrual girlsWorkerEfforts to protect the above are said to date back to the "physiological disorder" problem raised at the 1917 National Elementary School Women's Teachers Convention.afterwards"MistressWhen the issue of female workers is taken up inUnionSome have claimed menstrual leave as a claim.The 1932 Senju Food Research Institute factory dispute is an example of taking the first menstrual leave before the war. In December 1931, a female employee of the Chiba Food Research Institute took Japan's first menstrual leave (paid 12 days)..
Post-warLabor Standards ActWhen I tried to legalize menstrual leave based on these movements at the time of enactment, GHQ (Allied Supreme Commander General Command) IsGender equalityFrom the standpoint of principle, he strongly denied that menstrual leave was "special treatment for women."However, due to the enthusiastic movement of female activists, the opposition of GHQ was overwhelmed and it was stipulated in the Labor Standards Law (Article 67 at the time of enactment).International Labor Organization(Commonly known as: ILO) There are no provisions similar to menstrual leave in the treaties, which are provisions independently established by Japan..
Article 67 (menstrual leave) * Articles at the time of enactment of the Labor Standards Law
- userWhen a girl who is extremely difficult to work on a menstrual day or a girl who engages in work harmful to menstruation requests menstrual leave, she must not let that person work.
- The scope of work set forth in the preceding paragraph shall be specified by an order.
When the law was enacted, "menstrual leave" was a legal term,Equal Employment ActWith the revision of the law accompanying the enactment of the law, it was changed to "measures for women who have extremely difficult work on menstrual days", and the word "menstrual leave" has disappeared from the legal text.At the same time, the provision of "business harmful to menstruation" that was in place at the time of enactment of the law was deleted because such work could not be assumed and the "order" in paragraph 2 was not finally issued. ..
Incidentally,Sailor(Sailor LawThe provisions of menstrual leave under the Labor Standards Act do not apply to the seafarers stipulated in Article 1 (Article 116), but a separate provision to the same effect is stipulated by the Seafarers Act (Article 88-7 of the Seafarers Act). ).government officialaboutHR rulesAt 10-7Local civil servantAbout each municipalityOrdinanceSo, each has its own rules for menstrual leave.
Article 68 (Measures for women who have extremely difficult work on menstrual days)
- userWhen a woman who has significant difficulty working on her menstrual day requests leave, she must not let her work on her menstrual day.
Article 68 stipulates that if a woman is actually in a state where it is extremely difficult to work on a menstrual day and she is requested to take leave, she must not be allowed to work.We do not allow you to request a vacation just because you are menstruating..Vacation requests do not necessarily have to be made on a calendar day basis, but may be made on an hourly basis (March 61, 3, No. 20, No. 151 for women).It doesn't matter what type of employment you haveRegular employment-Non-regular employmentAny female worker can claim it.In addition, so-called management supervisors, etc.Article 41 Applicable personEven if it is, it can be billed in the same way.In generalLabor regulationsHowever, since menstrual leave is a worker's right prescribed by law, it is possible to make a request even if it is not stated in the work regulations.For dispatched workersDispatch destinationHas an obligation as a user (Worker dispatch lawArticle 44 paragraph 2).strikeEven during the period, if a woman requests a vacation, it will be treated as a day when she did not work on a menstrual day (July 27, 7, No. 25).
The period of menstruation, the degree of distress during that period, or the difficulty of working varies from person to person, and no objective general standard is set.therefore,It is not allowed to set an upper limit on the number of vacation days in work regulations, etc...It does not matter if it is clarified that more vacations will be given to set the number of paid days (May 23, 5, No. 5).
If the leave procedure is complicated, the purpose of this system will be erased, so regarding the proof that "working on menstrual days is extremely difficult"No special proof required, Especially if you need proofDoctor OfMedical certificateEven if it is not a strict proof like this, it is enough to infer the facts as much as the testimony of a colleague (May 23, 5, No. 5).
If you request menstrual leave, in the meantimewage TheCollective agreementDepending on the rules of employment and the stipulations of the labor contract, it is up to the parties to decide whether or not to pay menstrual leave, and it may be unpaid (June 23, 6, No. 11).However, it is not preferable in light of the purpose of the law to impose a significant disadvantage on the woman in calculating the commuting rate (April 1899, 49, Women's Income No. 4)...The purpose of Article 68 is that the worker is exempted from the obligation to work during that period by requesting menstrual leave, and the non-provision of the labor is covered by the labor contract.DefaultIt is not guaranteed that menstrual leave will be paid (NBC Industrial Case, July 60, 7).Menstrual leave is available for part-time government employeesunpaid(Rule 15-15 of the Personnel Office).
During the period when you requested menstrual leave and did not workAnnual paid leaveIn calculating the work day ofNot considered to be commutingHowever, it may be regarded as having attended work by the agreement of the parties (July 23, 7, No. 31).
Those who violate the provisions of Article 68 are 30 yen or lessfine(Article 120).
Current situation in Japan
Ministry of Health, Labor and Welfare「平成27年度雇用均等基本調査」の結果概要によれば、生理休暇中の賃金を「有給」とする事業所の割合は25.5%（平成19年度同調査では42.8%）で、そのうち70.6%（同70.0%）が「全期間100%支給」としている。また、女性労働者がいる事業所のうち、平成26年4月1日から平成27年3月31日までの間に生理休暇の請求者がいた事業所の割合は2.2%（同5.4%）であった。女性労働者のうち、生理休暇を請求した者の割合は0.9%であった..In the long run, both the percentage of paid establishments and the percentage of those who have made a claim are on a downward trend.
Ministry of Health, Labor and WelfareEqual Employment Opportunity Section"I don't tell my workplace about my period and I may take annual paid leave to rest. In a labor shortage company, some women may want to take a break but can't.".
- ^ Susumu Noda "Legal Significance of the "Vacation" Concept and Vacation Policy: Taking a Vacation "As a Vacation""The Journal of Japanese Labor Studies, Vol. 625,Labor Policy Research and Training Organization, December 2012, NOT 40019394013.
- ^ Tomoko Ikuko “Holidays, vacations and holidays"The Journal of Japanese Labor Studies, Vol. 657,Labor Policy Research and Training Organization, February 2015.
- ^ Chronology of the Contemporary Women's Liberation, edited by Reiko Mitsui
- ^ Other countries have legal leave South KoreaとIndonesiaHowever, both countries have been enacted with reference to Japanese regulations.
- ^ In the NBC Industrial Case (July 60, 7), a measure was set up to include the number of days of taking menstrual leave in the number of days of shortage of work when calculating the full-time work allowance. In the case of Japan Schering (Most Judgment, December 16, 12), menstrual leave was included in the calculation of the occupancy rate. Measures to calculate the occupancy rate for the previous year by taking into account the unemployment due to all causes, including the unemployment based on various rights guaranteed by law,Public orderContrary toInvalidThe worker's complaint was admitted.
- ^ 27 Equal Employment Equal Employment Basic SurveyMinistry of Health, Labor and Welfare
- ^ "Easy to take menstrual leave" Yomiuri Shimbun January 2018, 1 morning edition woman side