Recently had a discussion with my boss about my contract as it ends at the end of this year but I will not be giving birth until April next year. He did not realize this, but seems happy to not extend or renew it. He told me legally I will still receive maternity leave even if I am not working. I wanted to see if this is true as my understanding was that I had to be part of the company insurance to receive maternity leave.
Also, I would like to know if what he is doing (not renewing my contract due to my pregnancy) is legal? I’ve tried to look through Google, but the usual basic info, or extreme cases which led to miscarriage have only come up.
Any advice or ideas would be much appreciated.
4 comments
No it’s not legal.
P.S. edit and add: what kind of contract, how long have been with the firm, etc.
Maternity leave depends on you returning back to work. If your company gets dissolved while you’re on maternity leave you stop receiving benefits. So… you will be on “leave” – as in you will be unemployed, but will not receive any benefits.
It would be illegal to not renew your contract solely for the reason of you being pregnant/giving birth – however if they have any other excuse not to renew, it is legal.
Some companies have a stipulation that you can not receive maternity leave unless you have worked over a year, as well – I’m sorry.
“But seems happy to not extend or renew it”
Is it a fixed-term contract?
If so, then he does not really get to make decisions so easily. They need an objectively justified reason (like downsizing for example) to not renew a fixed-term contract.
Because the employee will pregnant is not an objectively acceptable reason to not renew a fixed-term contract.
For maternity leave and childcare leave you need to be employed, with the intention to return to work once it’s finished.
If you lose your job you’d be entitled to unemployment insurance. But like I mentioned above, if you’re on a fixed term contract, don’t let them bully you out just because you’re pregnant.
If the reason for nonrenewal is your pregnancy, then it is illegal.
Women who are on maternity leave before and after childbirth (including women who are working without requesting maternity leave) cannot be dismissed (Article 19, Labor Standards Act).
Dismissal of a female worker who is pregnant or has given birth within one year is invalid if the employer cannot prove that the dismissal was not due to pregnancy or childbirth (Article 9, Equal Employment Opportunity Law).
Employers must not dismiss or treat employees unfairly on the grounds of pregnancy, childbirth, requests for maternity leave, or other reasons related to pregnancy or childbirth (Article 9, Equal Employment Opportunity Law).
Examples of “unfavorable treatment” under the law:
* Dismissal.
* **Nonrenewal of the contract of a contract employee.**
* If the upper limit of the number of renewals of the contract is specified in advance, reducing the number of renewals.
* Forcing an employee to retire or change the content of the labor contract, such as making a regular employee into a non-regular employee such as a part-time worker.
* Demotion.
* Creating a hostile work environment.
* Ordering the employee to work in isolation.
* Decreasing wages or making unfavorable calculations regarding bonuses, etc.
* Conducting unfavorable evaluations in personnel evaluations for promotions.
* Making unfavorable changes in placement.
* If the employee is a dispatch worker, refusing to provide dispatch jobs.
Good news – there’s also a specific law – Ordinance for Enforcement of the Equal Employment Opportunity Law – for enforcing this. (雇用の分野における男女の均等な機会及び待遇の確保等に関する法律施行規則)
https://elaws.e-gov.go.jp/document?lawid=361M50002000002_20201225_502M60000100208