Parental Leave in Japan

This article is based on personal experience, reports from Facebook groups, and testimonies from workers in various Japanese factories. The suggested measures aim to increase your chances of avoiding unfair dismissal or reversing an unfair decision.

In Japan, parental leave (育児休業 - Ikuji Kyūgyō) is a legally guaranteed right for both mothers and fathers. However, Brazilians face a silent battle that often ends in unfair dismissal or unbearable pressure.

Important clarification: Not all staffing agencies, Hello Work offices, and labor ministries in all regions act in bad faith. There are indeed ethical professionals and institutions that fulfill their roles. However, concerning reports are frequent enough to justify precaution.

The Silence that Feeds Injustice: Why Many Give Up

The sad reality is that many Brazilian workers accept unfair dismissals or give up the fight for four main reasons:

1. Fear of retaliation - "If I complain, I'll never get a job again"

2. Lack of knowledge about rights - "I guess I can't do anything anyway"

3. Cultural resignation - "That's just how it is, nothing will change"

4. Lack of financial resources - "I don't have money to sue"

But here's the truth that agencies don't want you to know: when a worker manages to reverse an unfair dismissal or wins a lawsuit, these companies usually drastically reduce such abuses or stop completely. Labor lawsuits are bad for their image, affect contracts with factories, and create dangerous precedents.

The Silent Pressure from Staffing Agencies: A Worrying Pattern

The biggest obstacle often isn't in Japanese factories, but rather in the staffing agencies (派遣会社 - haken gaisha) that hire Brazilian workers. These companies frequently:

1. They hide information about the right to paternity and maternity leave.

2. Actively discourage leave requests

3. Create extra bureaucracy to complicate the process

4. Subtly threaten "consequences" for those who take leave

Important preventive tip: Before accepting a job, join Facebook groups of Brazilians in the region and ask specifically about the factory and staffing agency in question. Previous experiences from other workers can prevent unpleasant surprises.

The worst part: often, the factory supervisors don't even know about the situation. The staffing agency simply informs them that the employee will be "released," without mentioning the real reason (parental leave). To the factory, it looks like a common termination.

The "Dismissal for Other Reasons" Strategy

Since the law explicitly prohibits firing someone due to pregnancy or parental leave, agencies use alternative justifications:

• "Drop in productivity" - even without objective metrics

• "Staff cuts" - but they only fire pregnant women or those who requested leave.

• "Restructuring" - that mysteriously affects only parents

• "Unsatisfactory performance" - with suddenly negative evaluations

The Special Case of Pregnant Women: Pressure for Shobyo Teate

Many agencies pressure pregnant women to take sick leave (傷病手当 - Shobyo Teate) even without real health problems. This happens because:

1. It's cheaper for the company than maternity leave

2. Removes legal protection from the pregnant woman earlier

3. It creates a pretext for future dismissal.

The real rules for Shobyo Teate are clear:

• Need for medical certificate proving inability to work

• Minimum period of 4 consecutive days of absence

• Payment of approximately 2/3 of salary by health insurance

• Cannot be forced by the company

Survival Kit: How to Protect Yourself (UNION Union Recommendations)

If you're planning to have children in Japan, follow this protection protocol. The UNION union will be more successful in helping you the more evidence and records you have - this is a direct recommendation from the union itself.

Meticulous Documentation: Start Early!

From the moment you want to get pregnant or already have that possibility, start recording everything. Don't wait for the problem to arise to start documenting.

1. Complete Medical Records:

• Keep ALL medical visit receipts

• Make copies of medical certificates (in Japanese and translation)

• Note ALL appointment dates

• Record ALL medical visits, even routine ones

2. Detailed Work Diary:

• Note EVERY time you leave early (with reason and exact times)

• Record conversations with supervisors about leave

• Save related emails and messages

• Document any perceived comments or pressure

3. Rigorous Yukyu Control:

• Document ALL dates you took paid leave

• Keep request receipts

• Note if there was resistance to the request

• Record any discouragement attempts

4. Evidence of Pressure:

• If legal in Japan, record important conversations

• Save ALL text messages and emails

• Ask for written confirmations whenever possible

• Have witnesses to embarrassing situations

What to Do When Pressure Begins

STEP 1: DON'T SIGN ANYTHING

• If presented with a dismissal letter, refuse to sign

• Demand detailed written explanation

• Never sign "voluntary resignation" if it's not voluntary

STEP 2: CONTACT UNION LABOR UNION IMMEDIATELY

• UNION has specific experience with Brazilian cases

• They offer legal advice at affordable rates (often free for initial consultation)

• Can mediate directly with the agency

• The more documentation you bring, the more effective the help will be

STEP 3: REPORT TO AUTHORITIES (even knowing the limitations)

• Ministry of Health, Labour and Welfare (厚生労働省)

• Foreigners' Consultation Center (外国人相談センター)

• Formalize the complaint to create an official record

The Power Dynamics: Why It's Worth Fighting

Understand agency psychology:
They count on people giving up. When you show that:

1. You know your rights

2. You have solid documentation

3. You have UNION support

4. You're not afraid to go all the way

The probability of them backing down increases dramatically. Labor lawsuits are:

• Expensive for them

• Damaging to their reputation

• Dangerous for future contracts

• Capable of creating legal precedents

The Rights They Don't Want You to Know

For fathers (paternity leave):

• Up to 1 year of leave (with possible extension)

• Protection against dismissal during and after leave

• Employment insurance subsidy during the period

For pregnant women:

• Total prohibition of dismissal from pregnancy notification until 1 year postpartum

• Maternity leave of 14 weeks guaranteed

• Right to work adjustments to protect health

Conclusion: Your Fight Isn't Just Yours

Every Brazilian who resists unfair dismissal due to parental leave is:

1. Protecting their own family

2. Creating a legal precedent that protects others

3. Sending a clear message to staffing agencies

4. Strengthening the Brazilian community in Japan

Remember: agencies PREFER negotiating with someone from UNION than facing a lawsuit. They FEAR negative publicity. They HATE well-documented workers.

The final message is clear: Start documenting early, know your rights, don't sign under pressure, seek UNION with evidence in hand. You are not alone. Your family deserves this protection, and every victory strengthens all of us.

UNION Labor Union Contacts by Province

IMPORTANT: UNION has several branches throughout Japan. Below are the main contacts by region:

🔴 KANTO (Greater Tokyo and surrounding areas)

• UNION Tokyo: 03-6809-2074

• UNION Saitama: 048-601-3113

• UNION Chiba: 043-306-1206

• UNION Yokohama: 045-620-5418

🔴 CHUBU (Central Region)

• UNION Aichi (Nagoya): 052-253-2772

• UNION Shizuoka: 054-202-9904

• UNION Gifu: 058-275-1126

🔴 KANSAI (Osaka and surrounding areas)

• UNION Osaka: 06-6312-3903

• UNION Kyoto: 075-823-0233

• UNION Hyogo (Kobe): 078-261-7131

🔴 KYUSHU (Southern Japan)

• UNION Fukuoka: 092-726-4488

• UNION Kumamoto: 096-211-8864

• UNION Kagoshima: 099-227-0111

🔴 OTHER IMPORTANT REGIONS

• UNION Tochigi (Oyama): 0285-23-5318

• UNION Gunma (Ota): 0276-47-2374

• UNION Mie: 059-229-3300

📞 General UNION National Contact: 03-6809-2074
🌐 Official Website: https://union.or.jp
📧 Email for foreigners: foreign@union.or.jp

Tip: Even if there's no branch in your city, call the nearest one - they can guide you to the best path.

#PaternityLeaveJapan #ParentalRights #BraziliansInJapan #UNIONJapan #PregnancyInJapan #ShobyoTeate #WorkDocumentation #UNIONContacts

Note 1: UNION phone numbers may change. Always check the official website or call the national number for confirmation.

Note 2: This text is also valid if the reader is of another nationality.