*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.
Ⅲ Prohibition of Unreasonable Working ConditionsThe 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
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.
- 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.
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。
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 conditionsEmployers 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 exploitationEmployers 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 recompenseEmployers 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 illnessEmployers 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 dismissalTo 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 wagesWages 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 wagesWages 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 daysThe 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 workEmployers 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 payEmployers 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 belongingsForeigners 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 healthEmployers 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)
Resignation for a personal reasonEmployees 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 employerTo 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)