Clarification of working conditions is essential
The Labor Standards Law stipulates that it is desirable to conclude a contract rather than a verbal agreement in order to prevent various troubles related to employment contracts. The employer must specify the working conditions when concluding an employment contract. The following items must be stated in writing and handed over to employees (Article 15 of the Labor Standards Law).
① the period of the labor contract
② matters related to renewal of fixed-term employment contracts
③ the working place and job duties
④ existence of overtime work
⑤ the time at which work begins and at which work ends, breaks, days off, and leave
⑥ the determination of wages, the methods of computation and payment, the date of closing accounts and of payment
⑦ matters pertaining to separation (including reasons for dismissal)
In order to comprehensively describe these matters, the model working conditions notice for foreigners will be helpful.
The Tokyo Employment Service Center for Foreigners publishes model working condition notices for four languages.
１）The model working conditions notice in English：
https://jsite.mhlw.go.jp/tokyo-foreigner/shiryou_ichiran/roudou_jouken_tsuchisho/noti-e1.html
２）The model working conditions notice in Chinese：
https://jsite.mhlw.go.jp/tokyo-foreigner/shiryou_ichiran/roudou_jouken_tsuchisho/noti-c1.html
３）The model working conditions notice in Portuguese：
https://jsite.mhlw.go.jp/tokyo-foreigner/shiryou_ichiran/roudou_jouken_tsuchisho/noti-p1.html
４）The model working conditions notice in Spanish：
https://jsite.mhlw.go.jp/tokyo-foreigner/shiryou_ichiran/roudou_jouken_tsuchisho/noti-s1.html
However, the above model working conditions notices do not state what the company wants its employees to comply with such as confidentiality matters. But if there are other matters that the company want the employees to comply with, write them down and have employees sign them as a pledge.
It is important to include in the labor contract or written pledge in advance what is likely to cause trouble to prevent problems.
A contract violating the Labor Standards Law is invalid：
A labor contract which does not meet the standards of this law is invalid. In such a case the invalid sections are governed by the standards set forth in the Labor Standards Law (Article 13).
Please check whether the working conditions of the employees you are going to hire meet the laws in Japan.
If you have any questions regarding expert checks, please feel free to contact us.
Please contact : Contact Form
With 16 years of experience working in the HR department of foreign-affiliated companies, I’ll support the enrollment of social insurance and the creation of employment contracts in English. Please feel free to contact me if you have questions with social insurance or set working conditions with employees!
Poster
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Yumiko Kamioka
Labor and Social Security Attorney, USCPA
MASHR CONSULTING Corporation Labor and Social Security Attorney
Ginyo Building 8F, 2-9-40, Kitasaiwai, Nishi-ku
Yokohama-city, Kanagawa, Japan
Tel: 81-45-594-7315 Fax: 81-45-594-7316
E-mail: ykamioka-hr@mashr.co.jp
https://www.mashr.co.jp/english-2/
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