What is YUKYU (有休) in Japan?

YUKYU in Japan: Your Rights to Paid Leave Explained

Moving to Japan is exciting! New culture, new food, maybe a new job. As you settle into your work life here, you might hear colleagues talk about “YUKYU” (有休). What exactly is it, and why is it important for you as a foreign worker in Japan?

Understanding your labor rights, including paid leave, is crucial for a healthy work-life balance. YUKYU isn’t just a nice perk; it’s a legal right. This guide will break down everything you need to know about YUKYU in Japan, from how you get it to how to use it and what happens if you don’t. Let’s make sure you’re fully informed!

What Exactly Is YUKYU?

YUKYU (正式名称: 年次有給休暇 – Nenji Yukyu Kyuka) translates to “Annual Paid Leave” or “Paid Time Off.” It’s a system guaranteed by Japan’s Labor Standards Act, allowing eligible employees to take a certain number of days off work while still receiving their regular salary.

• Legal Foundation: The right to YUKYU is enshrined in Article 39 of the Labor Standards Act. This means it’s not something your company can choose to offer; they must grant it if you meet the eligibility criteria.
• Purpose of YUKYU: The main goal is to allow workers to rest, recover from fatigue, maintain physical and mental health, and refresh themselves. It enables you to take vacations, deal with personal matters, or just take a break without losing income.

Think of it as your legal entitlement to recharge your batteries.

Who is Eligible for YUKYU?

Eligibility for Japan paid leave rules is quite broad and includes full-time, part-time, and even dispatched workers, provided they meet two main conditions:

1. Continuous Employment: You must have been employed continuously by the same company for at least six months from your start date.
2. Attendance Rate: You must have attended work for at least 80% of the total working days during that first six-month period.

After the initial six months, the 80% attendance rule applies to the 12-month period following your previous YUKYU grant date. This is a key part of YUKYU eligibility criteria Japan.

How Many YUKYU Days Do You Get?

The number of YUKYU days you are granted depends on how long you’ve been working for the company and your working hours. For standard full-time employees working five or more days a week (or 30+ hours/week), the entitlement increases with tenure:

Standard Entitlement Table:

• After 6 months: 10 days
• After 1.5 years: 11 days
• After 2.5 years: 12 days
• After 3.5 years: 14 days
• After 4.5 years: 16 days
• After 5.5 years: 18 days
• After 6.5 years or more: 20 days

 

The maximum standard entitlement is 20 days per year. These days are granted automatically once you meet the tenure and attendance requirements.

Using Your YUKYU: How to Request and Take Leave

Once you’re eligible and have YUKYU days available, you have the right to use them.

• Company Procedures: Most companies have a specific procedure for requesting YUKYU. This usually involves filling out a form (paper or digital) and submitting it to your manager or the HR department. It’s good practice to check your company’s rules on this.
• Notification Period: While there’s no strict legal notice period (unless defined in your company’s rules), it’s customary and considerate to request YUKYU with reasonable advance notice, especially for longer periods. This allows your team and company to plan for your absence.
• Can My Request Be Denied? This is a common question. Legally, you have the right to take your YUKYU. However, the law grants the employer the right to change the timing of your requested leave if taking it at that specific time would significantly disrupt the company’s operations (事業の正常な運営を妨げる場合 – jigyou no seijou na unei wo samatageru baai). This is known as the employer’s right of “scheduling power” (時季変更権 – jiki henkou ken). They cannot outright deny your request; they can only ask you to take it at a different time.

Generally, unless your absence causes significant, unavoidable problems for the business, your request should be approved for the date you choose.

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Important YUKYU Rules and Rights

There are a few other critical rules and rights you should be aware of regarding YUKYU in Japan:

• YUKYU Expiration: Unused YUKYU days can be carried over to the following year, but they expire after two years from the date they were granted. For example, YUKYU granted on April 1, 2023, will expire on March 31, 2025. Make sure you track your days so you don’t lose them! This is the YUKYU expiration policy Japan.
• The Right vs. Scheduling Power: As mentioned, your right to take the leave is strong. The employer’s scheduling power is limited and shouldn’t be used unreasonably or to effectively prevent you from taking any YUKYU.
• Mandatory YUKYU Acquisition (5-Day Rule): Since April 2019, companies are legally required to ensure that employees who are granted 10 or more days of YUKYU per year take at least 5 of those days within the year. The company must specify the dates for these 5 days, usually after consulting with the employee. This is known as mandatory YUKYU acquisition Japan and was introduced to encourage a better work-life balance nationwide. This is great news for employees who might feel hesitant to take leave!

YUKYU for Part-Time and Non-Regular Workers

Good news! Part-time worker YUKYU Japan is also a legal right. If you work less than the standard full-time hours (fewer than 5 days/week or under 30 hours/week), you are still eligible for YUKYU, but the number of days is granted proportionally based on the number of days you work per week or the average number of hours you work.

• Calculation Method: The proportional grant is based on the number of scheduled working days per week (or per year).
• Example Calculation (working 3 days/week):
  • After 6 months: 5 days (instead of 10)
  • After 1.5 years: 6 days (instead of 11)
  • … and so on, following a specific proportional table defined by law.

Even if you work non-standard hours, check your contract and ask your company how your YUKYU is calculated.

Why Using Your YUKYU Matters

Taking your YUKYU isn’t just about getting paid time off; it’s vital for several reasons:

• Benefits for You: It allows you to rest, travel, pursue hobbies, spend time with family and friends, or handle personal errands without financial worry. Using your foreign worker rights Japan paid leave helps prevent burnout and improves your overall well-being. Imagine exploring a new part of Japan or visiting your home country using your paid leave!
• Benefits for Your Company: Employees who take sufficient rest are often more productive, engaged, and less likely to get sick. Encouraging YUKYU use contributes to a healthier, more sustainable work environment. Plus, meeting the mandatory 5-day rule is a legal requirement for them.

Don’t hesitate to use the YUKYU days you’ve earned. They are a fundamental part of your compensation and rights as an employee in Japan.

Key Points (Quick Summary)

Here’s a quick recap of the essentials about YUKYU:

• YUKYU is legally mandated annual paid leave in Japan.
• Eligibility requires continuous employment (6+ months) and an 80%+ attendance rate.
• Full-time entitlement starts at 10 days after 6 months and increases up to 20 days.
• Part-time workers receive YUKYU proportionally based on their working days/hours.
• You request YUKYU, and your company can only change the timing if it disrupts operations, not deny it outright.
• Unused YUKYU days expire after two years.
• Companies must ensure eligible employees take at least 5 YUKYU days per year (Mandatory Acquisition Rule).
• Using YUKYU is crucial for your health and productivity.

FAQs about YUKYU in Japan

Still have questions? Here are some frequently asked ones:

1. How exactly is my YUKYU entitlement calculated?

   For full-time workers, it’s based purely on your length of continuous service with the company after the initial 6 months and maintaining an 80% attendance rate. For part-time workers, it’s proportional based on your regular working days or hours per week/year, following a specific legal table.

2. Can my company make me take YUKYU on specific days?

   Yes, within limits. Under the Mandatory Acquisition Rule (for those with 10+ days entitlement), your employer must ensure you take 5 days of YUKYU per year. They can designate the dates for these 5 days after consulting with you. For the other days you take voluntarily, they only have the right to change the timing if it significantly disrupts operations.

3. What happens if I don’t use all my YUKYU days?

   Unused YUKYU days can be carried over to the next year. However, they expire after two years from the date they were granted. So, if you have 10 days granted in Year 1, you can carry them to Year 2, but if unused by the end of Year 2, they are lost.

4. Is YUKYU paid leave, or is my salary deducted?

   YUKYU is paid leave. When you take a YUKYU day, you receive your regular salary for that day as if you had worked. Your income is not reduced for taking YUKYU.

5. Where can I get help if my company isn’t granting YUKYU correctly?

   If you believe your company is violating the Labor Standards Act regarding YUKYU (e.g., refusing to grant it despite eligibility, not fulfilling the 5-day rule, making improper deductions), you can consult your local Labor Standards Inspection Office (労働基準監督署 – Rōdō Kijun Kantoku Sho). They are the governmental body responsible for enforcing labor laws.

Need More Clarification on Your YUKYU or Other Work Rights?

Navigating labor laws in a new country can be complex, especially with language barriers. If you have specific questions about your YUKYU entitlement, how it applies to your work situation, or any other concerns about your rights as a foreign worker in Japan, don’t hesitate to seek professional guidance. HSB JAPAN is here to help foreign residents with various aspects of life in Japan.

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