Equal Pay for Equal Work in Japan: Checking Differences in Treatment
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Category: Work Styles
Authors: Shusaku Yosa
Equal pay for equal work does not simply mean everyone with the same job title must receive identical monthly pay. Japan's framework addresses unreasonable differences between regular employees and part-time or fixed-term employees, including basic pay, allowances, bonuses, and benefits.
This guide primarily helps part-time and fixed-term employees compare their treatment with regular employees of the same employer. Identify which item differs, its purpose, and the reason rather than relying only on total pay.
Who is compared?
The Part-Time and Fixed-Term Employment Act considers treatment of short-time and fixed-term workers relative to ordinary employees of the same employer. Labels such as arbeit or shokutaku do not decide coverage; actual contractual hours and duration matter.
Dispatched workers have a separate framework under the Worker Dispatching Act. Do not automatically apply the same procedure by comparing only with employees at the host company.
Arrangement | First question |
|---|---|
Part-time | Are contractual weekly hours shorter than those of ordinary employees? |
Full-time fixed-term contract | Is the contract fixed-term? Full-time hours do not alone exclude coverage |
Full-time indefinite employment | Distinguish this from the Act's short-time and fixed-term coverage |
Dispatch work | Which treatment-setting method does the dispatching employer use, and who explains it? |
Differences between regular employee categories that are neither short-time nor fixed-term are not treated as the same protected comparison under this Act. That does not make every difference unrestricted. The guidelines applying from October 2026 also address consideration of balance in full-time indefinite employment terms. Separate contractual and other legal questions when seeking advice.
Balanced treatment and equal treatment
Balanced treatment assesses differences using duties and responsibility, the scope of changes to duties and placement, and other circumstances relevant to the nature and purpose of the treatment. Duties include responsibility, not just the visible tasks.
Where duties and the scope of changes to duties and placement match those of ordinary employees, discriminatory treatment because someone is part-time or fixed-term is prohibited. Sharing some tasks alone does not decide every case. See part-time and arbeit labels for related distinctions.
Examine each item and its purpose
Item | Organise | Example question |
|---|---|---|
Basic pay | Ability, experience, responsibility, achievement, and the applicable criteria | Which criteria determine my basic pay? |
Allowance | Purpose, such as travel, duties, or a working burden | What are the conditions and reasons for the difference? |
Bonus or retirement allowance | Purpose and its relationship with differences in work | Which purpose or condition explains exclusion? |
Benefits and leave | Access, charges, and eligibility | Why do the conditions differ? |
For example, if commuting-cost treatment seems different despite similar work, examine that allowance separately from total earnings. You do not need to obtain a colleague's private payslip; organise differences established through rules and the employer's explanation.
Check the October 2026 changes
From October 1, 2026, hiring disclosures include the ability to request an explanation of differences in treatment and their reasons. The equal-treatment guidelines and related guidance were also revised.
Relevant points include unreasonable differences in benefit-facility charges or discounts and balanced treatment reflecting the purposes of bonuses and retirement allowances. An explanation based only on retaining regular employees or being rehired after retirement does not automatically make every difference reasonable.
Specific allowances and leave have their own conditions. Compare the revised official guidance with company rules rather than reaching a conclusion from one observed difference alone.
Prepare a request for explanation
- Record your contract duration, hours, duties, and responsibilities.
- Separate the items of concern into basic pay, allowances, leave, and other treatment.
- Gather applicable rules and previous explanations.
- Ask which regular employee is used for explanation, why, and the content and reasons for differences.
- Record unresolved points and consult the Labour Bureau if necessary.
For example: “I perform [duties] under a fixed-term contract. Please explain the difference in [allowance] compared with ordinary employees, the reason, and the factors considered. Could we also check the comparator's duties and applicable rules?”
Part-time and fixed-term workers can request an explanation, and the employer must explain. Disadvantageous treatment for making that request is prohibited. A prefectural Labour Bureau's Employment Environment and Equal Employment Department or Office can advise when explanations do not match records or an internal discussion is difficult.
Ask future employers about actual conditions
Check bonuses, allowances, training, leave, and the advice contact as well as basic pay. If a benefit is described as available to contract employees, ask about eligibility and operation in the intended team.
For formal appraisal questions, use the performance review guide; for selecting leave, see leave and days off. A work trial or workplace visit can help make questions concrete, alongside checking the terms that apply to you.
Sources: MHLW: Part-Time and Fixed-Term Employment Act / MHLW: requesting explanations / MHLW: October 2026 changes / MHLW: equal pay information
