This article will help guide you in crafting an effective employee manual. Getty Images Employee manuals, policy and procedure manuals, employee handbooks -- whatever you want to call them -- are often considered a necessary evil by both employees and employers.
I Labor Contracts 1 Application of labor laws and regulations to foreign nationals As a general rule, Japanese laws concerning labor apply to all employees in Japan, regardless of nationality.
The Labor Standards Law stipulates that the employer shall not engage in discriminatory treatment with respect to wages, working hours or other working conditions by reason of nationality or other status of any worker. Article 3, Labor Standards Law 2 The Principles of Labor Contracts In the past, there have been many problems such as wages not being paid as promised or a penalty being deducted from wages on retirement.
To prevent these troubles relating to labor contracts, the Labor Standards Law stipulates the following matters; 1 Working conditions must be stated clearly. The employer shall clearly state the working conditions when a labor contract is drawn up.
The following matters shall be written and handed to the employee. The employee may immediately cancel the labor contract, if the working conditions as clearly stated differ from actual fact. Article 15 Therefore, it is advisable for the employee to obtain a written contract, rather than an oral one.
When the contract is made, the employee must examine the contents of the contract. In cases where Writing an employee handbook cannot understand their contracts written in Japanese, it may be possible to have them translated into their own languages. It is also desirable to check the details of the rules of employment which are laid down by the company.
A labor contract which does not meet the standards of this law is invalid with respect to such portion. In such a case the sections which are invalid are governed by the standards set forth in the Labor Standards Law. However, a contract may exceed three years wherein the period for completing a specified project is determined.
With regards to the extention, renewal, or cancellation of a contract with employees of defined working periods, employers must clearly state the basis of the decision made. Article 16 For example, matters such as the following cannot be fixed in the contract: Article 17 7 Ban on Compulsory Savings An employer cannot require a contract for compulsory savings.
But the employer should conclude a written agreement with them and submit it to the Labor Standards Inspection Office. Article 18 3 Rules of Employment 1 The Rules of Employment Rules of employment stipulate working conditions and office regulations.
Any company which employs 10 or more workers on a steady basis must provide such rules of employment, and submit them to the Labor Standards Inspection Office.
The company is also required to make these regulations known to the employees. It is therefore desirable for employers to do so in a language that their employees understand, if they do not understand Japanese.
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Rules of employment shall not infringe any law and any collective agreement. A labor contract, in which the working conditions are inferior to the rules of employment standards, shall be invalid.
In such a case, the parts of the contract, which are invalid, shall be governed by the rules of employment standards.
Others are; i in the event that there are stipulations for retirement allowances, extraordinary wages and safety and health, matters pertaining to such items, ii in the event that there are stipulations for having employees bear the cost of food and other such expenses, matters pertaining to such items.
Article 11, Labor Standards Law When drawing up a labor contract, the employer must state clearly matters concerning wages and hand a statement to the employee.
Partial deduction may not be permitted with the exception of taxes, social insurance premiums and others according to the written agreement.
In addition to this, minimum wages are given in each industry. This is different from deducting wages which amount is according to the hours of lateness or absence.
The company should state the details about decreases as sanctions in the rules of employment. In the event the rules of employment provide for a decrease in wages as a sanction against an employee, the decrease for: This is limited to small and medium sized companies only. Extraordinary wages or discharge notice allowances shall not be subject to the payment.
Please contact the Labor Standards Inspection Office on procedures regarding payments made on behalf of failed companies. Companies are also to pay overtime pay to employees in this system. Even if a given amount of overtime pay is already included in an annual salary, unless the breakdown of that salary is stated e.
Also, if a worker has worked more hours than pre-designated, the employer must compensate the difference. The Labor Standards Law stipulates that an employer shall not make an employee work more than 8 hours per day.
The fixed working hours of each firm shall not be longer than the legal hours. Article 32 However, up to and including 44 hours of work per week are allowed as a special case in the business categories of commerce, cinema and theater, health and sanitation and service and amusement, where there are fewer than 9 regular employees in the company or business.
Many kinds of modified working hours systems which can accommodate working hours to business fluctuations are also allowed under specified conditions.
For instance; One month unit modified working hours system, One year unit modified working hours system and a flex-time system. With regard to holidays, Labor Standards Law stipulates that an employer shall provide employees with at least one holiday per week.The Employee Handbook Builder Difference + Years · Tools And Resources1,+ followers on Twitter.
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