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| 40. Dormitories attached to enterprises |
It may happen that employers own sleeping and living accommodations for workers
during their management of undertakings, and therefore the employers are
requested to take measures to prevent fires and health problems, and to preserve
the health, morale, and lives of those living in the accommodations.
The
dormitories are classified as those belonging to general business
establishments, and those belonging to the construction industry and constructed
for restricted periods only, but almost all of the rules are common to both.
(The Labour Standards Law, the Provision on Dormitories Attached to Enterprises,
and the Provision on Dormitories of the Construction Industry)
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1.Installation notification, etc. (Standards Law Article 95; Enterprise
Dormitory Provision, Articles 1-2 to 4; Construction Industry Dormitory
Provision, Articles 2 and 5-2)
An employer who has constructed a dormitory attached to the enterprise or a
dormitory belonging to the construction industry, must submit a installation
notification and Dormitory rules. |
| a. |
An employer who newly constructs, moves, or partially modifies a dormitory,
should submit notification to the Chief of the competent Labour Standards
Office concerned, together with a description of the circumstances, plan
views and sectional views of the respective floors of the building at least
14 days beforehand. |
| b. |
The employer should establish Dormitory rules, and submit these to the
Chief of the competent Labour Standards Office concerned, together with
the written consent of the person representing the majority of the lodgers. |
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2. Dormitories attached to enterprises
Dormitories attached to enterprises are classified as first class dormitories
attached to enterprises allowing lodging for six months or longer, and
second class dormitories attached to enterprises allowing lodging for less
than six months, and the following requirements are common to both categories: |
a.First class dormitories attached to enterprises
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| (a) |
Respect for the freedom of private life (Enterprise Dormitory Ordinance
Article 4)
Employers are prohibited from imposing the following conditions, in respect
of the freedom of workers' private lives. |
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| · |
To force lodgers to obtain the approval of the employer when the lodger
goes out or sleeps out |
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To force lodgers to participate in educational, amusement or any other event |
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To restrict the freedom for meetings, etc. |
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| (b) |
Structure, construction place, etc. of the building (Standards Law Article
95; Enterprise Dormitory Provision Articles 1-2 to 4) |
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| · |
To avoid the neighborhood of a place where explosive, inflammable or combustible
material is handled or stored, a place exposed to conspicuous noise or
vibration, a place threatening to cause a landslide or flood, etc., the
neighborhood of an infectious hospital, etc. |
| · |
Male and female lodgers should not be lodged in the same building, excluding
cases where adequate partitions and separate entrances are provided. |
| · |
Bedrooms should not be provided on the third or higher floors or in the
basement, unless the building is fireproof. |
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In cases where 15 or more workers are regularly lodged on the second or
higher floors, two or more emergency stairways should be provided. |
| · |
A bell, or similar warning device for emergency situations, should be provided
and fire-extinguishing equipment should be installed. |
| · |
Corridors should be provided on one side only and should have a width of
1.3 meters or more. (In the case of a fireproof building with 1.6 meter
or wider corridors, the corridors can be provided as middle corridors.) |
| · |
The habitable area of one room should be 2.5 square meters or more per
person, and the number limit per room should be 16 lodgers or less. The
ceiling height should be 2.1 meters or more. |
| · |
Sufficient illumination, natural illumination, ventilation, and air conditioning
should be provided. |
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| (c) |
Health, etc. (Enterprise Dormitory Provision Articles 20 to 35) |
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| · |
Bedding should be available for each person exclusively and should be kept
clean. |
| · |
For a dormitory having 30 or more lodgers, a dining room should be provided.
(This does not apply if a dining room in the business establishment is
available nearby.) Furthermore, the tableware should be sterilized frequently. |
| · |
If a bathhouse is not available nearby, bathrooms should be provided. Separate
bathrooms should be available for men and women. |
| · |
Separate toilets available for men and women should be provided at places
adequately apart from the dining room and kitchen. |
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Tap water should have passed water quality inspection. |
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Nutritional conditions and those suffering from infectious eye diseases
and skin diseases should be examined twice or more every year. |
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For dormitories normally having 50 or more lodgers, a person having knowledge
of health care should be appointed as the person in charge. |
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| b. |
Second class dormitories attached to enterprises (Enterprise Dormitory Ordinance Articles 37 to 39)
Because a Second class dormitory attached to an enterprise is used as lodging for a short period of time, the employer is requested to satisfy fewer requirements. |
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The dormitory should not be constructed at a place exposed to conspicuous
noise or vibration, or a place at risk of landslide or flood, etc. |
| · |
The habitable area of a bedroom should be 2.5 square meters or more per
person, and the number limit per room should be 50 lodgers or less. |
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There must be two or more entrances. |
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If a bathhouse is not available nearby, bathing equipment |
| · |
Clean drinking water should be available. |
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| 3. Dormitories of construction industries |
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Dormitories of construction industries are used only for the term of the
construction work, in principle. However, it may frequently happen that
the term for the construction work becomes quite lengthy or that the dormitory
is used at different construction sites. Therefore, the provisions are
virtually as severe as those for first class dormitories attached to an
enterprise. |
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| (a) |
Respect for the freedom of private life (Industry Dormitory Provision Article 5) |
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This is the same as described for first class dormitories attached to an
enterprise. |
| (b) |
Instalation place, structure of building, etc. (Industry Dormitory Provision,
Articles 6 to 12 and 13 to 16) |
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| · |
The installation place is the same as described for first class dormitories
attached to an enterprise. |
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There are no regulations for particular distinctions between men and women. |
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The bell, etc. for warning of an emergency is the same as described for
first class dormitories attached to an enterprise. |
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Corridors should have a width of 1.8 meters or more if there are bedrooms
on both sides, and 1.2 meters or more in other cases. |
| · |
The habitable area per room should be 3.2 square meters or more per person,
and the number limit of one room should be 6 lodgers or less.
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Illumination, natural illumination, ventilation, air conditioning, etc.
are the same as described for first class dormitories attached to an enterprise. |
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| (c) |
Health, etc. (Industry Dormitory Provision, Articles 17 to 20) |
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If a dining room is provided, air conditioning, etc. should be installed,
and consideration must be given to cleanliness. |
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A bathroom that allows simultaneous bathing of one or more lodgers (to
a maximum of 10 lodgers) should be provided. |
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A toilet should be provided for every 15 lodgers. |
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Tap water should be the same as described for first class dormitories attached
to an enterprise. |
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| (d) |
Others (Industry Dormitory Provision, Articles 3, 3-2 and 12-2) |
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| · |
A dormitory manager should be appointed, and required to inspect the dormitory
at least once a month, and if he/she finds any nonconforming portion, he/she
should report it to the employer, etc. for repairs, etc. |
| · |
Within six months of the start of dormitory use, and every six months thereafter,
an exit drill and fire drill should be enforced. |
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(The next article in this series covers the worker loan business, and safety
and health.) |
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