by Yoneyama, 13 Sept 2021
Definition of Attendance（出勤率）
Last time, I wrote that “If you are a contracted worker committing a predetermined work period, which is more than 6 months, you are entitled to paid holidays（有給休暇） as long as you served 80% or more of the total working days of the 6 months.”
In case of regular employees, they are entitled to 10 paid holidays after they completed their first 6-month period since the employment with the attendance of 80% or higher.
Then, what is the definition of the attendance?
Here is the legal definition of the attendance:
The number of days you worked（出勤日）
All the working days （全労働日）
*All the working days (全労働日) are defined to be the number of all the calendar days of the period in question minus the number of all the scheduled holidays during the period.
*The number of days you worked （出勤日）is increased by the following causes:
Ø The number of working days you could not serve due to the injury or disease that was caused by the work-related reasons.
Ø The period of maternal leave, family care leave or legal baby care leave that are legally specified.
Ø The number of paid holidays exercised
*The number of all the working days（全労働日）is reduced by the following causes:
Ø The number of working days that couldn’t be attended due to force majeure.
Ø The number of working days that couldn’t be attended due to employer’s reason including a strike by labor unions etc.
Rules of Paid Holidays Stipulated by Labor Standards Law（労働基準法で定める有給休暇）
The following table summarizes the requirement of paid holidays stipulated by Labor Standards Law:
Required number of serving years and the number of paid holidays per year after the serving years
0.5 year 1.5 2.5 3.5 4.5 5.5 6.5 and longer
Regular employees 10 paid holidays 11 12 14 16 18 20
Number of working Number of working
Days per week days per year
5 days or more 217 days or more 10 paid holidays 11 12 14 16 18 20
4 days 169 – 216 days 7 8 9 10 12 13 15
3 days 121 – 168 5 6 6 8 9 10 11
2 days 73 – 120 3 4 4 5 6 6 7
1 day 48 - 72 1 2 2 2 3 3 3
Employers are allowed to assign some of your paid holidays as company’s common holidays, while you and your employer should agree individually about when 5 days out of your paid holiday, if they are 10 days or more per year, should be spent beforehand.