相談内容

Engaging in agriculture

回答

For those who want to work in agriculture

Make the necessary preparations by taking the following steps first!       

1. Gather information

  • Consult at the Farming Consultation Desk (syuunou soudan madoguchi):
  • 2nd flr. Shiga Prefecture Agricultural Education Information Center
     1-2-20 Matsumoto, Otsu City
      ℡ 077-523-5505 
  • Participate in agricultural events and seminars

2. Experience hands-on farming

  Participate in agricultural internship (1 to 6 weeks)

3. Acquire skills

  • Study at the Shiga Prefectural Agricultural College (1-year course or 2-year course)
  • Undergo training from farmers practicing advanced agriculture and from agricultural corporations
Human Resources Fostering Fund for Next Generation Farmers (nougyou jisedai ninaite ikusei kikin)

A system granting 1.5 million yen annually for a maximum of 2 years to those aiming to become future farmers who will undergo training on advanced farming from agricultural instructors certified by the prefecture, etc., and prefectural agricultural colleges. (Conditions may apply.)

4. Make the preparations

To engage in agriculture, one method is to be employed in an agricultural corporation or to work for a farmer, while the other is to be on a self-employed basis. There are some who become self-employed farmers after working in agricultural corporations, etc.

1) Those who will work in agricultural corporations, etc. :Look for job placements at Hello Work, “Shiga Prefecture Agriculture, Forestry and Fishery Owners’ Fostering Fund”, or search for employers in agricultural corporation websites, etc.
2) Those who will be self-employed:In addition to “technical skills”, it is also necessary to prepare “funds” and “agricultural land”.

▲Secure the necessary funds To start in agriculture, you need initial investment funds (agricultural land lease fee, machineries, facilities, etc.), working capital (such as fertilizers, pesticides, expenses for lighting and fuel), and you must have a fund for your own living expenses.

Farming Fund for Youths (seinentou syuunou shikin)

A system that lends funds without interest to those who are accredited as certified new farmers embarking in agriculture. (Conditions may apply.)

▲Secure the agricultural land Buying, selling and leasing of agricultural lands are managed from the perspective of maintaining the rate of self-sufficiency in food throughout the country, etc. and agricultural lands are secured in the following ways:

  • The procedure for acquiring the right to a land takes place after an examination by the agricultural committee of cities and towns.
  • *There are also measures for taking over an agricultural land with no successor.
  • Notify the intention to buy, sell or lease an agricultural land at the agricultural administrative division of cities and towns, and acquire the right through a public notice by the Agricultural Land Utilization Accumulation Plan.
  • Apply to borrow a farmland mediated by the Shiga Prefecture Agricultural Land Intermediary Management Organization

相談内容

New Rules for Fixed Term Employment Contract

回答

A new rule regulating fixed-term employment contracts will begin this year in April. Let’s use it as a reference in choosing our working scheme. The new rule includes anyone working on a fixed-term employment contract such as part-time workers, employees with “side”jobs or arubaito, dispatched workers (haken shain), contract workers (keiyaku shain), or special contract employees (shokutaku or non-regular staff).
*For dispatched workers: The labor contract concluded with their dispatching agencies (temporary staff recruitment agency) are subject to this.
Ⅰ Conversion to Indefinite Term Employment Contract (muki roudou keiyaku)
  When a fixed-term employment contract is repeatedly renewed between the same employer and employee and exceeds a total of five years, it can be converted into an employment contract without a definite period (indefinite term employment contract) upon the request of the employee.
  • The calculation of the total contract period includes fixed term employment contracts concluded on and after April 1, 2013. However, in cases where there is a consecutive period exceeding 6 months during which no employment contract was executed (or, in the case where the contract period is less than one year, one-half or more thereof), prior contract periods are excluded from the calculation of the total contract period.
  • A request for indefinite term employment contract may be made anytime within the term of the signed contract exceeding a total of 5 years. This request is already deemed valid at the time of application. The conversion to indefinite term contract commences from the day immediately following the expiration date of the fixed-term employment contract at the time of application.
  • Unless otherwise specified, the working conditions of the converted indefinite term employment contract (company regulations, individual labor contracts) shall be the same as that of the pre-existing fixed-term employment contract.
Ⅱ Adoption of “Regulations on Termination of Employment” (yatoi dome)
In some cases, the law has stipulated rules that do not allow employers to terminate employment. When the employer refuses to renew the fixed-term employment contract, employment is terminated upon expiration of contract period.
However, this is invalid in the following ① and ② in the recent provisions made in the labor contract law:
    ① When the fixed-term employment contract has been repeatedly renewed in the past, and refusing to renew the fixed-term employment contract upon its expiration would be, in general social norms, equivalent to dismissal of an indefinite term contract.
    ② When there are existing reasonable grounds upon which the employee would expect his/her fixed-term employment contract to be renewed upon its expiration.
* A request for renewal of fixed-term employment contract from the employee is required, moreover, it is necessary for the employee to “refuse” the termination of his/her contract or convey disagreement in any other way, for this rule to be effective.
Ⅲ Prohibition of Unreasonable Working Conditions
The imposition of unreasonable differences in working conditions between fixed-term and indefinite term contract employees due to the existence of a definite period of employment, is prohibited.
* For consultations: Shiga Labor Bureau・Employment Condition and Equality Office Tel. 077-522-6648

相談内容

Childcare Leave and Family Care Leave of Fixed-term Contract Employees

回答

As a general rule, childcare leave and family care leave may be used while receiving a benefit of 67% of the wage from the day the leave commences from the employment insurance, if conditions were satisfied.
Fixed term contract employees are likewise eligible if the following requirements are met.

Requirements for Childcare and Family Care Leave for Fixed-term Contract Employees:
Childcare Leave (ikuji kyuugyou)
    ①At least one year of continued period of employment by the same employer.
    ②It is not clear if the employment contract will be terminated until the child reaches 1yr. and 6 months.
Family Care Leave (kaigo kyuugyou)
    ①At least one year of continued period of employment by the same employer.
    ②It is not clear if the labor contract term will expire and will not be renewed until the succeeding 6 months, after 93 days counting from the start of the planned date of family care leave.
! The period for childcare leave is extended: Basically, childcare leave which expires until the child is one year old can be extended to another 6 months, but when the child cannot enter a day-care center, or due to other reasons, the leave may now be extended until the child reaches 2 years of age. (In this case, childcare leave benefits (ikuji kyuugyou kyuufukin) may likewise be availed of until the child reaches the age of 2).

相談内容

求職

回答

日本国内で就労できる外国人の方は日本人と同じように職業紹介を受ける事ができます。
公共職業安定所 (ハローワーク)
職業紹介、就労に関する相談などに応じる国の機関が公共職業安定所です。 仕事が見つかり労働契約を結ぶ時の重要な決まりや雇用保険についてなど、いろいろな相談も合わせて行われています。

相談内容

Japanese employers are required to observe the following rules:

回答

Prohibition of discrimination on the basis of nationality.
Employers are prohibited to discriminate on the basis of nationality, creed, or social status, and are required to treat all employees equally in terms of wages, working hours and other working conditions. (Article 3 of the Labor Standards Law)
Explicit presentation of working conditions
Employers are required to explicitly present working conditions such as wages and working hours to employees when an employment contract is to be signed. Specifically, terms concerning wages must be clearly presented in writing. (Article 15 of the Labor Standards Law)
Employers are also required to provide foreign employees with written details of wages, working hours and other important working conditions (notification of employment) in language understandable to the employee when employing them.
Prohibition of forced labor and intermediary exploitation
Employers are prohibited to use violence or make threats to force employees to work against their will. Employers are also prohibited to gain profits by helping someone find a job unless permitted to engage in job placement service under law.
Prohibition of scheduled penalty fee and recompense
Employers are prohibited to draw up an employment contract that includes any clauses stipulating that the employee must pay a predetermined penalty fee or compensate the employer for breach of contract such as early resignation before the term of the contract expires. (Article 16 of the Labor Standards Law)
Prohibition of dismissal during medical treatment of occupational injury or illness
Employers are prohibited to dismiss an employee who is taking leave of absence due to treatment of occupational injury or illness, and within thirty days after the period of such leave. (Article 19 of the Labor Standards Law)
Prior notice of dismissal
To dismiss an employee, the employer must give the employee at least thirty (30) days prior notice. If the employer fails to give 30 days’ notice, the employer must pay the employee a dismissal allowance in the amount equal to the average daily wage multiplied by the number of remaining days up to 30 days before the dismissal. However, this rule does not apply in the case of a natural disaster or other incident beyond control of the employer, which renders the company unable to continue business, or in the case where the employee is responsible for dismissal. In these instances, the approval of the superintendent of the Labor Standards Inspection Office is necessary. (Articles 20 and 21 of the Labor Standards Law)
Payment of wages
Wages must be paid directly to the employee in Japanese yen, in the full amount, at least once a month on a fixed date. However, the employer is authorized to deduct a specified amount from the wages. Allowable deductions are those determined by law, such as withholding tax and unemployment insurance premium, and other deductions specified in the union-management agreement, such as union dues. (Article 24 of the Labor Standards Law)
Minimum wages
Wages paid to employees by an employer must not be lower than the minimum wage defined by law. Minimum wages are set for each region and each industrial category. (Minimum Wage Law)
Working hours and rest days
The legal working hours are limited to eight hours per day and 40 hours per week, except in some work places in certain business categories that are granted 46 working hours per week. (Articles 32 and 40 of the Labor Standards Law) A legal rest day must be provided at least once a week or four times in every four weeks. (Article 35 of the Labor Standards Law)
Extra pay for overtime, rest day and night work
Employers must complete certain legal procedures to have employees work beyond legal working hours or on rest days. (Article 36 of the Labor Standards Law) Employees who work beyond legal working hours are eligible for extra pay of more than 25% above the normal hourly or daily wages, and for work on rest days, a rate of 35% is applicable. Also, employees who work between the hours of 10:00 p.m. and 5:00 a.m. may receive extra pay of more than 25% above normal wages. (Article 37 of the Labor Standards Law)
Annual leave with pay
Employers are required to grant annual leave with pay to employees who have been employed for six consecutive months and present at work for more than 80% of those working days. (Article 39 of the Labor Standards Law)
Return of belongings
Foreigners living in Japan are required to carry their passport or Certificate of Alien Registration at all times (Article 23 of the Immigration Control Law) and employers are not to hold employees’ passport, etc. At the resignation of an employee, the employer must pay wages or return articles to which the employee is entitled within seven days upon the employee’s request. (Article 23 of the Labor Standards Law)
Occupational safety and health
Employers are required to take appropriate measures to ensure safety and health of employees at the workplace. Such measures include educating employees on safety and health matters (particularly at the time of taking up employment), offering medical check-ups, and preventing danger and physical damage. (Industrial Safety and Health Law)

相談内容

Resignation

回答

Resignation for a personal reason
Employees are recommended to peruse the work regulations and have a good understanding of the procedures needed for resignation in advance. Article 627 of the Japanese civil law stipulates that an employment contract, which does not specify the term of employment, shall, in principle, be terminated two weeks after submission of a notice of resignation by the resigning employee. However, sudden notice of resignation by an employee can cause difficulties for the company and colleagues who have to take over his or her work. Desirably, the employee and the company should consult with each other to decide the date of resignation and other related matters.  
Dismissal by the employer
To dismiss an employee, the employer must give notice of dismissal not later than thirty (30) days prior to the dismissal. If the employer fails to give the 30 days’ notice, the employer must pay the employee the dismissal allowance in the amount equal to the average daily wage multiplied by the number of remaining days up to 30 days before the dismissal. (Articles 20 and 21 of the Labor Standards Act)

相談内容

労働トラブルの相談

回答

労働関係のトラブルがあった場合は、下記の労働基準監督署に相談しましょう。(労働契約、就労規則、給料明細などがあれば持参してください)

相談内容

Trainees and Technical Interns

回答

OTIT Organization for Technical Intern Training for Foreigners Native language consultations
Tel 0120-250-147(英語 English)
Tel 0120-250-169 (中国語 中文)
Tel 0120-250-197(タガログ語 Tagalog) 等々
Japan International Training Cooperation Organization (JITCO) Technical interns, Native language consultation hot line for trainees 
Tel 0120-022332/ 03-4306-1111

相談内容

労働災害

回答

外国人労働者(入国管理法における「不法就労者」を含む)も仕事場でケガをしたり、仕事が理由で病気になったり、死亡したり、あるいは職場への行きかえりに事故にあったりした場合には、医療費、仕事ができない分の補償、傷害が残ったときの補償等を労災保険から受けられます。この保険には、パートタイマー、アルバイトを問わず労働者を1人でも雇っている事業主は加入しなければならず、保険料については事業主が全額負担しなければなりません。 詳しいことは労働基準監督署に相談しましょう。

相談内容

雇用保険

回答

雇用保険制度とは、在職中の労働者の雇用の安定を図り、失業中の労働者に対して、生活の安定と再就職の促進のために失業等給付を行うものです。 失業等給付は、労働者と事業主が支払う保険料によってまかなわれており、日本で雇用されれば外国の失業保険制度の適用を受けていることが立証された者を除き、原則として国籍(無国籍を含む)のいかんに関わらず被保険者となり、事業主を通じて被保険者になります。 労働者が会社を自己都合、解雇などで離職した場合、次の条件を満たし、公共職業安定所が認めれば基本手当てを受給することができます。
  • 日本国内での就労に制限のない方で日本において反復して就労することが可能な方。
  • 離職日より1年前の間、保険に6ヶ月以上入っていた。
  • 離職したため、被保険者の資格をなくしたことが確認された。
  • 仕事をしたくても仕事に就けない。
※詳しくは、居住地の公共職業安定所までお問い合わせください。