Employees with dyed hair or stubble

Young people may dye their hair brown (or blonde) or grow a beard for fashion or to express their individuality. While I think this is fine for individuals to enjoy on their own, the situation changes when that person is employed by a company.

In the Higashitaniyama-ke case, the court ruled that: it should be understood that the restrictions must remain within a necessary and reasonable scope for the smooth operation of the company, and special consideration is required to ensure that the specific content of the restrictive actions does not lack necessity, rationality, or appropriateness as a means or method.”

In other words, things that hinder the smooth operation of the company, such as complaints from customers or warnings from business partners, require objective facts regarding the other party. If such incidents occur, you can order them to dye their hair back or shave their beard.

✅ Regarding disciplinary action

As a company, you can prevent trouble to some extent by clearly stating at the hiring stage that dyed hair and certain clothing are prohibited as a condition of employment, and only hiring those who are okay with that.

There is a possibility that an employee's attitude may change after joining the company, leading them to dye their hair or grow a beard. For employees who still do not improve despite dyed hair and beards being prohibited, first give them a verbal warning. If they still do not improve, take disciplinary measures such as requiring a written apology or suspension from work. If no improvement is seen even after taking such procedures, proceed with dismissal.

In this case, you can avoid trouble by keeping a document as a record so that it is objectively clear that the company ordered the prohibition of dyed hair and beards as a work-related instruction.

✅ Regarding provisions in the Rules of Employment

To regulate dyed hair and beards as a work order, it is necessary to specify this in the Rules of Employment. Regarding the entries in the Rules of Employment,

1. Provisions prohibiting dyed hair, beards, and piercings
2. Provisions for performing duties in good faith
3. Provisions stating that disciplinary action will be taken if rules are not followed

These three are the bare minimum requirements.

✅ Judicial precedents regarding disciplinary action for dyed hair and beards

● Higashitaniyama-ke Case (Fukuoka District Court, Kokura Branch, 1997)
When a company attempts to restrict a worker's freedom in the name of maintaining corporate order regarding matters related to a person's personality and freedom, such as the worker's hair color, style, appearance, or clothing, such restrictive actions are not permitted without limit. It should be understood that they must remain within a necessary and reasonable scope for the smooth operation of the company, and it is appropriate to interpret that special consideration is required to ensure that the specific content of the restrictive actions does not lack necessity, rationality, or appropriateness as a means or method.

● Eastern Airport Motors Case (Tokyo District Court, 1980)
It is natural for an employee to comply with the working conditions stipulated in the labor contract and fulfill their obligations upon being hired by a company. Therefore, when a company establishes reasonable rules regarding appearance, mustaches, clothing, hair, etc., for the necessity of corporate management, such rules become part of the working conditions, and even mustaches, clothing, hair, etc., that are socially and generally accepted are subject to regulation under the labor contract, and the employee bears the obligation to provide labor in accordance with these.
It is appropriate to interpret that "shaving a beard" primarily refers to "stubble" or "strange or bizarre beards" that cause discomfort contrary to the aforementioned purpose.

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