◆What Are the “Equal Pay for Equal Work” Guidelines?
On April 28, 2026, amended ministerial ordinances and public notices regarding “equal pay for equal work” were promulgated, and the revised “Equal Pay for Equal Work” Guidelines will take effect on October 1, 2026. These guidelines outline the fundamental principles, specific examples, and points to note regarding which differences in treatment between regular employees and non-regular employees (part-time workers, fixed-term employees, and temporary agency workers) are unreasonable or reasonable, in cases where such differences exist.
◆ Key Points of the Revised Guidelines
Based on accumulated case law and other factors, the text has been revised to provide greater clarity and substance, and new content has been added. In particular, specific principles and examples have been added regarding various allowances (such as retirement allowances, accident-free allowances, family allowances, and housing allowances) and employee benefits (such as summer and winter vacations and awards).
Furthermore, pursuant to the amended ministerial ordinance, regarding the items to be disclosed when hiring non-regular employees, a new provision stating that “employees may request an explanation regarding the details and reasons for differences in treatment” will be added to the current list of disclosure requirements. Explanations must be provided either “orally, utilizing supporting materials” or “by providing easy-to-understand materials that list all items requiring explanation.”
◆Required Actions for Companies
For companies, responding to requests for explanations from non-regular employees will become even more important. It is essential to review the criteria for various allowances and employee benefits, review company rules, and establish a system for providing explanations. Based on the guidelines, and while making use of the relevant forms and leaflets published by the Ministry of Health, Labor and Welfare, companies should proceed with early verification and implementation of necessary measures.
◆To comply with the revised guidelines, companies should take the following practical steps.
1) Treatment assessment: Identifying all items related to the treatment of full-time, part-time, and contract employees
2) Verbalizing characteristics and purposes: Identifying and verbalizing the characteristics and purposes of each type of treatment.
3) Verification of rationality: Verifying the rationality of differential treatment in light of its purpose
4) Reviewing system design: Eliminating treatment disparities and redesigning the system to achieve equity
5) Revision of regulations: Revision of the employment rules and wage regulations
6) Explanation and implementation: Explaining the new system to employees and launching it.
