Japanese Employment Agreement Sample

Sep 24, 2021 von

People who find a job in Japan should get a contract. An employment contract (roudou keiyaku) should not be signed until its terms are fully understood. There may be payment and termination issues if these are not clearly defined in the contract. What must be included in a written contract must be as follows: in general, contracts can contain almost everything in Japan, except for elements/clauses contrary to public policy. Let`s say you have a foreign company and you want to create an employment contract in Japan according to the laws of your own country. This is quite possible in Japan; However, Japanese health and safety legislation (i.e. the Labour Law) remains applicable to workers in Japan. Therefore, Japanese labor laws generally take precedence over all applicable laws established by a foreign employment contract in Japan. This is to discourage employers from establishing unfair employment contracts for workers. Wages, working time and other working conditions may be changed by an agreement between the employer and the worker. However, changes in working conditions that prove unfavourable to the worker are not permitted, unless there are reasonable grounds to make such changes in accordance with the rules of employment. When hiring Japanese workers as permanent employees, it is important that the employer inserts termination clauses into the employment contract in the absence of such a clause in the employment rules (就業規則). With regard to paid leave, both permanent employees and contract workers are entitled to at least 10 days of paid leave per year after six months of employment.

The number of days of paid leave increases gradually with a longer train duration, up to 20 days of paid leave with more than 6.5 years of employment in the company. However, paid leave is also used as sick leave, as Japanese companies do not usually offer separate sick leave. This article sets out in detail the conditions of employment that must be included in your company`s employment contract as well as the main points to take into account when establishing your employment contract. Please note that the termination of temporary employment is different from that of indeterminate employment. The Employment Contracts Act provides that in cases where it is found that a worker has „highly specialized skills“ or is 60 years of age or older, an employment contract of up to five years is permitted. Finally, a fixed-term contract with a total duration of five years (by updating, renewals, etc.) can be converted into an employment contract without a specified period if the worker so requests. . . .

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