The Employment Law Review: Japan

Introduction

The Labour Contracts Act (LCA) mandates the basic contents of employment contracts between employers and employees in Japan. Under the LCA, labour contracts should be concluded or changed based on mutual agreement between employers and employees.

Regarding working conditions under a labour contract, the Labour Standards Act (LSA) regulates working hours, wages and other labour matters, while the Minimum Wage Act guarantees minimum wages for workers. Violations of these two laws may be subject to criminal sanctions.

The Industrial Safety and Health Act regulates safety and health of employees in the course of their work, and the Industrial Accident Compensation Insurance Act provides for compensation for work-related injuries and illnesses.

As to the labour market, the Employment Security Act regulates employment placement or recruitment businesses, and the Act on Securing the Proper Operation of Worker Dispatching Businesses and Protecting Dispatched Workers enables the use of dispatched employees (who are employed by an employer for assignment to work for another person under the latter's instructions).

The Labour Union Act stipulates the requirements for labour unions, the requirements and effects of collective bargaining agreements (CBAs), and other matters concerning collective labour management relations. Collective labour management disputes are settled by the Labour Relations Commission of each prefecture.

Labour disputes are resolved through civil litigation procedures. Recently, the labour tribunal system, which is a combination of mediation and rule-issuing processes and holds only three hearings, has been utilised.

In addition, parties are also resorting to mediation by prefectural labour bureaus.

Year in review

As in many countries around the world, since 2020, the covid-19 pandemic has brought major changes in the way employees in Japan work. Specifically, teleworking or remote working, through which employees do all or part of their work from home or other locations outside the office, is rapidly spreading in place of the conventional work style in which employees go to an office to work.

With the spread of teleworking, an increasing number of Japanese companies are introducing flexitime systems, which give workers more flexibility in the way they work. At the same time, it has become more difficult for companies to fully comprehend and supervise the working hours of their employees.

With regard to vaccination against covid-19, there are employees who choose not to be vaccinated because of unknown long-term effects, serious side effects for certain people, and other considerations. Under Japanese law, it would generally be difficult to impose a vaccine mandate.

Significant cases

From a practical point of view, there were no cases in 2021 that have had a significant impact on employees and employers.

Basics of entering an employment relationship

i Employment relationship

A labour contract is established by an agreement between an employee and an employer that the employee will work for the employer in exchange for the employer paying wages for that work.2 As a general rule, an agreement does not have to be in writing to be valid; an oral agreement is a valid agreement. However, when entering into a labour contract, the employer must explicitly inform the employee3 of details regarding wages, working hours and other working conditions.4 A labour contract may have a definite term, but in principle the term should be no longer than three years.5

If, in concluding a labour contract, the employer informs the employee of its rules of employment, those rules form part of the labour contract. Other labour management practices and CBAs (if any) also affect the contents of the labour contract.

An employer and an employee may agree to change any working conditions that constitute part of the labour contract.6 It is also possible for an employer to change the contents of a labour contract without reaching an agreement with the employee by changing the rules of employment, if the change is reasonable in light of the following:7

  1. the extent of the disadvantage that the employee may incur;
  2. the need to change the working conditions;
  3. the appropriateness of the changed rules of employment;
  4. the status of negotiations with a labour union or labour representative; and
  5. any other material circumstances pertaining to the change in the rules of employment.

ii Probationary periods

Many companies impose a probationary period for newly hired regular employees to provide an opportunity for the employer to decide whether or not the new employees should continue their employment. Rules of employment often stipulate that 'an employer may dismiss any employee whom the employer deems unfit as an employee during the probationary period', as a cause for dismissal.

Three months is understood to be the most common probationary period; in other cases, probationary periods may range from one month to six months.

The employer is deemed to reserve the right to terminate the employment contract during the probationary period. Generally, termination of employment during the probationary period is given greater leeway than an ordinary dismissal after the probationary period.

If an employer terminates an employment after the first 14 days of the probationary period, it is necessary, in principle, to give at least 30 days' advance notice or to pay the average wage that the employee would have earned if he or she were to have worked for at least 30 days.8

iii Establishing a presence

When a foreign company9 intends to carry out transactions continuously in Japan, it must specify one or more representatives in Japan, one of whom must be a resident of Japan.10 In addition, it may not carry out transactions continuously in Japan before completing its registration as a foreign company.11 On the other hand, if an organisation does not intend to engage in continuous transactions in Japan, it can generally conduct its activities as a representative office, which is not stipulated by law. A representative office does not need to be registered under the Companies Act.

When a foreign company conducts business through a permanent establishment in Japan, it is subject to certain burdens, such as the payment of corporation tax, the tax base of which is the amount of income attributable to the permanent establishment (domestic source income).12 There are three types of permanent establishments, as specified by a Cabinet Order13 (unless different provisions in tax treaties apply):

  1. branch offices, factories or any other fixed places for conducting a business in Japan;
  2. a place in Japan where a foreign company conducts construction or installation works or provides supervisory services relating thereto, or any other places as specified; and
  3. having a person with the authority to conclude contracts on behalf of a foreign company, or performing certain functions, as specified.

There are four insurance programmes in which companies are legally obliged to participate on behalf of their employees under certain requirements:

  1. industrial accident compensation insurance;
  2. employment insurance;
  3. health insurance and nursing care insurance; and
  4. employees' pension insurance.

When a company pays residents of Japan salaries that fall under the category of salary income,14 it is required to withhold income tax at the time of payment and pay the income tax to the government by a prescribed deadline.

Restrictive covenants

By entering into a labour contract with an employer, an employee is obliged not only to provide his or her own labour for the employer but also to provide it in good faith.15 These obligations are considered to include non-competition obligations.

When an employee leaves an employer, the non-competition obligation is no longer valid between him or her and the employer. Therefore, in principle, an employee who resigns or retires has no obligation to refrain from competition unless he or she and the employer agree on a non-competition obligation after resignation or retirement, except where the competitive act is conducted in a highly illegal manner.

Furthermore, even where employees and employers agree on a non-competition obligation post-employment, the agreement may be deemed invalid if it is assessed to contain terms that are beyond what would be deemed reasonable. As a basic principle, employees have the freedom to choose their occupation16 after leaving someone's employment.

Wages

i Basic regulations on wages

Under Japanese labour law, wages are defined as 'remuneration for labour' paid by employers to employees.17 With regard to wages, there is a minimum standard amount per hour,18 as well as principles regarding the method of payment, such as 'paid in currency', 'paid directly to the employee', 'paid in full', 'paid at least once a month' and 'paid on a fixed date'.19 In addition, under a recent legislative amendment, the extinctive prescription period for wages was extended from two years to three years for wages earned between 1 April 2020 and 31 March 2025, and to five years for wages earned on or after 1 April 2025.20

ii Working hours

In principle, wages are paid in proportion to working hours. The maximum statutory working hours are eight hours per day and 40 hours per week,21 and employers are legally required to provide at least one day off per week.22 However, if an employer concludes a written labour management agreement (commonly known as an Article 36 agreement) at the workplace and notifies the Labour Standards Inspection Office of this agreement, the employer may extend the working hours beyond the statutory working hours or have employees work on days off in accordance with this labour management agreement.23 In addition, the LSA was amended in accordance with the Act on the Arrangement of Related Acts to Promote Work-Style Reform enacted on 1 April 2019, and the maximum limit of the extended (that is, additional) working hours under a labour management agreement was set at 45 hours per month and 360 hours per year in principle. In addition, even when there are extraordinary special circumstances and labour and management agree, the total of off-hour and day-off work is now limited to fewer than 100 hours per month, fewer than 80 hours on average during the course of two to six months, and fewer than 720 hours per year.

iii Premium wages

Off-hours work and days-off work

For off-hours work and days-off work, premium wages must be paid by multiplying the regular wage by a certain premium rate.24 The specific premium rates are 25 per cent or more for off-hours work up to a total of 60 hours in a month, 50 per cent or more for the portion of off-hours work that is in excess of 60 hours in a month, and 35 per cent or more for work on days off.

However, these working hour regulations do not apply to persons in supervisory or management positions.25

Night work

Premium wages must be paid for night work (carried out between 10pm and 5am the next day) by multiplying the regular wage by a premium rate of 25 per cent or more.26

Even for persons in supervisory or management positions, premium wages at a rate of 25 per cent or more will be paid.

Foreign workers

When an employer hires a foreigner (other than a 'special permanent resident' of Japan) or a foreign employee leaves the company, the employer is required to confirm the employee's name, status of residence, period of stay, date of birth, gender, national or regional origin, permission to engage in activities other than those allowed under the employee's status of residence, residence card number, and the name and location of the place of business pertaining to the hiring, and to notify the Public Employment Security Office (known as 'Hello Work' office) of the foregoing information.27

There is no limit on the number of foreigners that a company or office may hire.

As a general rule, foreign employees are required to obtain a Japanese working visa (i.e., a status of residence that allows the visa holder to work). If a foreign employee's residence status is that of a permanent resident, the spouse of a Japanese citizen, the spouse of a permanent resident, or long-term resident, he or she is not subject to restrictions on work or occupation in Japan. The period during which a foreigner can work and the type of work that he or she can do are different for each status of residence.

All employees, regardless of their nationality, are required to be enrolled for industrial accident compensation insurance, employment insurance, health insurance and nursing care insurance, and employees' pension insurance. However, income tax treatment differs depending on whether the foreign employee is treated as a resident or a non-resident under Japanese tax law. For residents, their worldwide income is subject to Japanese income tax, as is the case with Japanese employees. If salaries are paid in Japan to non-residents, only their domestic source income is subject to taxation in Japan.

Regardless of their nationality, all employees in Japan are equally protected by Japanese labour laws. In particular, the application of mandatory laws, such as the LSA, cannot be excluded by contract or agreement between the employer and the employee, if he or she is employed by a business in Japan. In the same way, application of the LSA cannot be excluded in the case of short-term overseas business trips or long-term overseas transfers where the employment is still managed by the Japanese office, as well as temporary remote working from the employee's home country because of covid-19-related regulations. On the other hand, with regard to labour-related laws other than mandatory laws, if there is no agreement between the parties, the law of the place where the labour should be provided applies as a general rule, but it is possible to exclude the application of Japanese law by agreeing on a different governing law.

Japanese law prohibits discrimination based on nationality during recruitment and employment, and with regard to working conditions. In addition, the notice of working conditions given to foreign employees at the time of hiring must be written in their native language, and certain measures stipulated by law must be taken according to each foreign employee's status of residence.

Global policies

An employer who continuously employs 10 or more employees must establish rules of employment and submit them to the Labour Standards Inspection Office.28 In establishing or changing the rules of employment, the employer must ask the opinion of (1) the labour union that has been organised by a majority of the employees at that workplace, if any, or (2) an employee representing a majority of the employees at that workplace, if there is no union.29 In filing the rules of employment, the employer must submit a document setting forth the aforementioned opinion.30

The rules of employment must not violate any laws or regulations or any collective agreement applicable to the workplace concerned.31 Any clause of an employment contract that fails to meet the standards established by the rules of employment is invalid;32 however, clauses in a labour contract stipulating working conditions beyond the standards established by the rules of employment are valid.33

An employer must inform its employees of the rules of employment.34

Parental leave

i Maternity leave

If a woman who is due to give birth within six weeks (or within 14 weeks, in the case of a multiple pregnancy) requests maternity leave, the employer is prohibited from requiring her to work.35

Also, an employer is prohibited from requiring a woman who is not yet eight weeks post-partum to work. However, an employer may allow a woman who is at least six weeks post-partum to return to work, if she requests to do so and subject to the approval of a medical doctor.36

An employer is not legally obliged to pay wages during maternity leave. However, under the national health insurance system, the government pays a daily childbirth allowance equivalent to two-thirds of the standard daily wage37 when a woman is not working while on maternity leave, including during the six weeks (14 weeks in the case of a multiple pregnancy) before and eight weeks after giving birth.38

ii Childcare leave

An employee39 may take childcare leave if his or her child is less than one year of age for up to one year; this period may be extended up to two years in certain cases.40 Both parents can take childcare leave at the same time.

An employer is not legally obliged to pay wages during childcare leave. However, under the national employment insurance, those who take childcare leave and meet certain requirements are entitled to receive a government allowance equal to 67 per cent of their wages for the first six months of the childcare leave, and 50 per cent of their wages thereafter.41 If both parents take childcare leave, they will both receive the allowance.

iii Amendments to the Childcare and Family Care Leave Act in 2021

On 9 June 2021, the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (the Childcare and Family Care Leave Act) was partially amended. The effective dates of the amendments differ, but the earliest is 1 April 2022.

The amendments include the following:

  1. To encourage them to take childcare leave, men can take up to a total of four weeks of childcare leave within eight weeks of their child's birth, in addition to the current childcare leave system.42
  2. A fixed-term employee whose continuous employment period has not reached one year can take childcare leave after the amendments take effect.43

Translation

Under Japanese employment law, employers are not required to translate working conditions and other necessary matters for foreign employees. However, the Guidelines for Employers to Improve the Management of the Employment of Foreign Employees44 of the Ministry of Health, Labour and Welfare (MHLW) stipulate that foreign employees must at least be informed about the health and safety of employees 'in a way that they can understand', and employers are encouraged to explain to foreign employees their working conditions and other relevant matters. In addition, for rules of employment to become effective, they must be 'made known' to the employees.45

Therefore, as a practical measure, it is advisable for employers to translate, at very least, the more important working conditions and rules of employment. The MHLW's website contains samples of 'Notice of Employment' and 'Working Conditions Handbook' that are translated into more than 10 languages in addition to English, which may be helpful to employers in preparing translations of their own notice and handbook.

Employee representation

In general, an employee representative is a body that has been given the right to express opinions, be consulted, co-determine or otherwise participate in the decisions of a company on matters concerning the interests of employees other than collective bargaining matters. In Japan, employee representation has not been systematised as it has been in France and Germany; however, when concluding an Article 36 agreement with employers or establishing or changing rules of employment, an employee representative can be elected to represent a majority of all the employees in the workplace and to sign the Article 36 agreement on behalf of all the employees.46

Labour unions in Japan are governed by the Labour Union Act, which embodies the three labour rights enshrined in the Constitution of Japan (i.e., the rights to organise, to bargain collectively and to dispute). Unlike in Europe and other countries, labour unions in Japan have been mainly formed on a company-by-company basis, and thus perform some of the same functions as employee representatives in Europe and other countries. Specifically, labour unions can conclude CBAs with employers.47 Provisions of CBAs regarding working conditions and treatment of employees prevail over labour contracts and rules of employment regarding the same matters, and basically directly regulate working conditions and treatment of employees.48

Data protection

i Requirements for registration

The Act on the Protection of Personal Information (APPI) regulates data protection in Japan. Certain recent amendments to the APPI will effect on 1 April 2022. These amendments include:

  1. expansion of an individual's right to request the cessation of use, erasure, amendment and other actions regarding their personal data;
  2. addition of obligations and public announcements;
  3. creation of new types of information;
  4. strengthening of penalties; and
  5. requiring foreign entities to provide certain information when providing personal data to third parties.

Under the APPI, employers do not need to register in relation to data protection.

When an employer obtains personal information from an individual, it must promptly notify the individual of the purpose of use of the collected information or publicise the purpose of use. In addition, when obtaining personal information directly from an employee in writing, the employer must inform the employee of the purpose of use in advance. In principle, an employer cannot provide personal data49 to third parties without the employee's prior consent.

An employer has the following obligations concerning personal data:

  1. keeping personal data accurate and up to date to the extent necessary to achieve the purpose of use, and deleting personal data without delay once they have achieved the purpose of use;50
  2. taking necessary and appropriate measures to prevent the leaking, loss or damage of personal data and to manage personal data securely;51 and
  3. exercising necessary and appropriate supervision over employees and third-party contractors to ensure the secure management of personal data.52

ii Cross-border data transfers

If an employer intends to provide an employee's personal data to a third party or transfer that personal data to a foreign country, it must, in principle, obtain the prior consent of the individual concerned.53 However, prior consent is not necessary if the data transfer is not considered a transfer of personal data to a third party (for example, provision to a subcontractor hired to handle personal data).54 In addition, concerning cross-border transfers, prior consent is not required when providing personal data:55

  1. to a third party in a foreign country that has personal information protection regulations equivalent to those in Japan (currently, only Member States of the European Union and the United Kingdom); and
  2. to a third party with a system that meets the standards outlined in the Japanese Personal Information Protection Commission regulations (currently, the APEC Cross-Border Privacy Rules certification).

iii Sensitive data

Under the APPI, sensitive personal information is known as 'special care-required personal information', which means 'personal information comprising a principal's race, creed, social status, medical history, criminal record, the fact of having suffered damage by a crime, or other description prescribed by cabinet order as requiring handling with special care so as not to cause unfair discrimination, prejudice or other disadvantages to the principal'.56

An employer cannot obtain sensitive personal information without the employee's consent, except in limited circumstances. In addition, government guidelines provide additional rules on the acquisition and handling of sensitive personal information such as race, ethnicity, social status, family origin, income and medical records. For instance, MHLW, in its Guidelines for the Employment Management Sector, imposes precautions that must be taken by employers when handling information about employees' health and by job placement agencies when handling personal information about job applicants.

An employer who misuses an employee's sensitive personal information in its possession would be deemed as breaching the privacy of that employee and the protection of his or her personal data, and may be liable to compensate the employee for damage caused by the misuse.

iv Background checks

There are no laws or guidelines in Japan that directly regulate background checks. Therefore, employers may collect information, including personal information about applicants (such as previous jobs and attitudes towards work), and use it for background checks in a generally accepted and appropriate manner. However, employers must ensure that the collection and use of this information do not constitute an invasion of applicants' privacy or unfair discrimination. In addition, employers are generally not permitted to collect sensitive personal information such as criminal records without the applicant's consent.

Discontinuing employment

i Dismissal

The concept of 'employment at will' does not exist under Japanese law, and an employer can dismiss employees for justifiable causes only if it cannot reach a mutual termination agreement with the employee. Justifiable causes for dismissal include poor performance, serious or repeated misconduct, absenteeism and inability to work because of an injury or illness. In addition, a dismissal that is not supported by objectively reasonable grounds and is not considered reasonable under normal social convention is invalid as an abuse of rights.57 In practice, the dismissal of non-fixed-term employees is strictly limited. In the case of a fixed-term employment agreement, dismissal in the middle of the term is even stricter, and can only be done when there are unavoidable reasons.58

Moreover, there are restrictions on dismissal during maternity leave, leave being taken because of a work-related injury or illness, and 30 days after these types of leave.

The requirements for a valid disciplinary dismissal include the following: (1) the causes for the disciplinary action are stipulated in the rules of employment; (2) the action of the employee falls under the causes for disciplinary action; (3) the disciplinary action is reasonable (including striking a balance with past disciplinary cases); and (4) the procedure taken is reasonable (due process).

In order to dismiss an employee, an employer must either notify the employee at least 30 days prior to the dismissal or pay 30 days' wages in lieu of notice. In the case of mutual termination, the employer is not required to pay severance allowance or provide support such as assistance in looking for a job. However, employers usually offer severance pay so as to obtain the employee's consent to the dismissal and some employers offer job search services.

ii Redundancies

A valid lay-off must meet the following four requirements: (1) the necessity of reducing the workforce; (2) efforts to avoid lay-offs such as reassignment, secondment and solicitation of voluntary retirement; (3) reasonableness in the selection of employees to be laid off (whether only union members are being laid off, or whether the selection is based on objective and reasonable criteria); and (4) reasonableness of the procedures (whether the timing, range and method of lay-off have been explained to the union and employees, and whether sufficient discussions have been held). It is also common to propose an increase in retirement benefits as part of a voluntary retirement programme prior to a lay-off.

If more than 30 employees are to be laid off, a mass separation notice must be submitted to the Employment Security Office. A discussion with the labour union must be held if it is required under a collective agreement.

Transfer of business

In a merger, labour contracts are comprehensively taken on by the new employer.

In a company split, the Act on Labour Contract Succession upon Company Splits sets forth rules and procedures, such as prior consultation, notification and right to object, for the protection of both employees who at the time of the split are engaged in the business to be split, and those who are not engaged in the said business but whose labour contracts are subject to succession by the new company.

In business transfers, labour contracts are not taken over automatically and the principle of individual succession applies. There is no law in Japan similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as TUPE) in the United Kingdom. However, as there are likely to be problems and lawsuits regarding the succession or non-succession of labour contracts, changes in working conditions and dismissals arising from the closure of the employer selling the business, the government has issued guidelines regarding labour contracts in the case of business transfers.

Outlook

Since 2008, Japan's working population (like the total population) has been declining. To address this, the government has been promoting changes in how people work, and companies have been required to change how their employees work. The government's efforts include the following legislation:

  1. An amendment to the Act on Stabilisation of Employment of Elderly Persons, which took effect in April 2021, imposes an obligation on employers to make more effort to employ workers aged 65 and over.
  2. Amendments to the Childcare and Family Care Leave Act will take effect in October 2022. A new system that makes it easier for men to take childcare leave will then come into force. In addition, employers are expected to create a better working environment in support of their female employees.
  3. Owing to the amendment of the Labour Standards Act in April 2020, the statute of limitations for wage claims has been extended from two years to three years. This will increase the risk for employers who require employees to work long hours.
  4. The obligation of companies to take measures against 'power harassment', as stipulated in the Act on the Comprehensive Promotion of Labour Measures, the Stabilisation of Employment of Employees and the Enrichment of Their Working Lives, will apply to small and medium-sized companies from April 2022. Consequently, all businesses, regardless of size, will be required to improve their workplace environment to address this serious issue.

Various other measures will be introduced in 2022. We advise employers in Japan to familiarise themselves with those measures.

Footnotes

1 Yoshikazu Abe is a partner, Masahiro Ueda is a counsel, Ryosuke Nishimoto and Mariko Morita are senior associates and Kota Yamaoka is an associate at Mori Hamada & Matsumoto.

2 Labour Contracts Act (LCA), Article 6.

3 Labour Standards Act (LSA), Article 15, Paragraph 1.

4 Ordinance for Enforcement of LSA, Article 5, Paragraph 1, Items 1 to 4.

5 ibid., Article 14, Paragraph 1.

6 LCA, Article 8 and Article 9.

7 ibid., Article 10.

8 LSA, Article 20 and Article 21.

9 'Foreign company' means any corporation incorporated under the law of a foreign country or any other foreign organisation that is the same as or similar to a company (Companies Act, Article 2(2)).

10 Companies Act, Article 817, Paragraph 1.

11 ibid., Article 818, Paragraph 1.

12 Corporation Tax Act, Article 138, Paragraph 1, and Article 141, Paragraph 1.

13 Order for the Enforcement of the Corporation Tax Act, Article 4-4. The Cabinet Order described in item (ii) and (iii) is the same.

14 Income Tax Act, Article 28, Paragraph 1.

15 LCA, Article 3, Paragraph 4.

16 Constitution of Japan, Article 22, Paragraph 1.

17 LSA, Article 11.

18 The Minimum Wage Act.

19 LSA, Article 24.

20 ibid., Article 115 and Article 3 of the Supplementary Provisions.

21 ibid., Article 32.

22 ibid., Article 35, Paragraph 1.

23 ibid., Article 36, Paragraph 1.

24 LSA, Article 37, Paragraphs 1 and 2.

25 ibid., Article 41, Item 2.

26 ibid., Article 37, Paragraph 4.

27 Law for the Comprehensive Promotion of Labour Policies, Article 28.

28 LSA, Article 89.

29 ibid., Article 90, Paragraph 1.

30 ibid., Article 90, Paragraph 2.

31 ibid., Article 92, Paragraph 1.

32 LCA, Article 12.

33 ibid., Proviso of Article 7.

34 LSA, Article 106, Paragraph 1 and Ordinance for Enforcement of LSA, Article 52-2, Items 1 to 3.

35 ibid., Article 65, Paragraph 1.

36 ibid., Article 65, Paragraph 2.

37 Health Insurance Act, Article 99, Paragraphs 2 and 3.

38 ibid., Article 102, Paragraphs 1 and 2.

39 The Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members, Article 2, Item 1.

40 ibid., Article 5.

41 The Employment Insurance Act, Article 61-7.

42 The revised Childcare and Family Care Leave Act, Articles 9-2 to 9-5.

43 ibid., Proviso of Article 5, Paragraph 1.

44 Public Notice of the Ministry of Health, Labour and Welfare No. 276 of 2007 (No. 120 of 2019, as amended)

45 LSA, Article 106, and LCA, Articles 7 and 10.

46 LSA, Article 36, Paragraph 1.

47 Labour Union Act, Article 14.

48 ibid., and LSA, Article 92, Paragraph 1.

49 APPI, Article 2, Paragraphs 4 and 7.

50 ibid., Article 19.

51 ibid., Article 20.

52 ibid., Articles 21 and 22.

53 ibid., Article 23, Paragraph 1 and Article 24.

54 ibid., Article 23, Paragraph 5.

55 ibid., Article 24.

56 ibid., Article 2, Paragraph 3.

57 LCA, Article 16.

58 ibid., Article 17.

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