Working
in Japan 
Looking for work
Always Remember
In Japan, it is forbidden to discriminate against a person’s nationality
or religion in respect to pay or working hours, etc. Foreign workers
employed in companies and factories are entitled to the same rights
as Japanese workers.
It is important for a person to know and understand laws and systems
related to work, and report to the Labour Standars Bureau or the FIA
when they are broken.
To be employed in Japan
You must have a status of residence (zairyu shikaku) which allows you
to work. The content of the work and activities associated with that
work must fall within the limitations of that permit.
If your residence status is one of these, you are permitted
to work within its designated boundaries: Diplomat, Official,
Professor, Artist, Religious Activities, Journalist, Investor / Business
Manager,
Legal / Accounting Services,
Medical Services,
Researcher,
Instructor,
Engineer,
Specialist in Humanities / International Services,
Intra-company Transferee,
Entertainer,
Skilled Labor
Designated Activities
These residence status do not permit working without obtaining a "Permission
to engage in activity other than that permitted under the status of residence
previously granted": Cultural Activities,
Temporary Visitor,
College Student,
Pre-college Student,
Trainee, Dependent
If your residence status is one of these, you may work without any legal
restrictions: Permanent Resident,
Spouse or Child of Japanese National,
Spouse or Child of Permanent Resident,
Long Term Resident
Looking for a job in Japan
You can use public employment security offices (kokyo
shokugyo antei sho) which are administered by the government (these services are free),
use a private employment agency, or use a group which is certified by
the Health, Labor and Welfare Ministry (both free services and charged
services are available).
Public Employment Security Offices (Kokyo Shokugyo Antei Sho)
Public Employment Security Offices are offices administered by the government
that offer consultation on and introductions to employment. Public Employment
Security Offices are now connected by a computer system, so, job vacancy
data from around the country can be obtained on the spot and job introductions
made.
If you can understand Japanese, please use the nearest Public Employment
Security Office.
For those who cannot understand Japanese, there are ‘Foreigner’s
Employment Service Corners’ (gaikokujin koyo service corners) which provide information
on job vacancies and job introductions for foreign students and foreigners
who have special skills.
* For more details, ask a person who understands Japanese to
enquire for you at your nearest Public Employment Security Office.
Employment contracts
An employment contract is a contract stating the working conditions between
each employee and their employer.
The employer must state in writing working conditions such as pay and
working hours, etc. of the employee and give this to him/her.
Trouble can occur when only a verbal contract is made since there is
no evidence of pay terms. It is therefore important to obtain a written
contract with as many details as possible.
If the contract is written
in Japanese, have it translated into your native language and check the
contents.
Details which must be stated in an employment contract
(1) The term of the working contract
(2) Place of work and work content
(3) Work starting time and finishing time, the possibility of work outside
the specified work hours, rest time, holidays, vacations, etc.
(4) Pay terms, how it is calculated and method of payment, when it is
to be paid, information about pay increases
(5) Details about retirement
If a company has fixed working regulations ask to see its ‘Work Regulations’
(shugyo kisoku) and check the contents.
Wages (Pay)
Method of payment of wages (pay)
To ensure wages are properly paid, wages must, in principle, be paid
(1) in money, (2) directly to the individual employee, (3) in full, (4)
once or more a month, (5) on a certain day in accordance with the Labor
Standards Law (rodo kijun ho).
Minimum wage
The minimum wage is decided by the Minimum Wage Law (saitei chingin ho).
An employer must pay employees more than the minimum wage.
If an employer pays less than the minimum wage, not only will they have
to pay the employee the difference, they may also be fined.
The minimum wage differs depending on the region and is revised every
year. As of 2007, the minimum wage for Fukushima is 629 yen per
hour. This minimum wage also applies to part-time workers.
If wages are not paid
If wages are not paid, consult a Labor Standards Inspection Office (rodo
kijun kantoku sho) or labor enquires office immediately. To do so, feel
free to contact the FIA, and ask for a person
who understands Japanese to enquire for you
at
the Labor
Standards Inspection Office for your area or a
labor enquiries office.
Dismissal and retirement
What is work dismissal (kaiko) ?
Work dismissal (kaiko) is the one-sided termination of an employment
contract by the employer.
An employer must have a rational reason to dismiss an employee. If you
are dismissed without a justifiable reason, you should consult a Labor
Standards Inspection Office or a labor enquiries office immediately.
(1) In the case where there is no fixed term of employment
An employer must give at least 30 days notice of dismissal to the employee.
If the employer dismisses an employee immediately, the employee must
be paid an average wage for 30 days or more as ‘notice pay’.
(2) In the case where there is a fixed term of employment
An employer cannot dismiss an employee during the term of the employment
contract except under unavoidable circumstances. Even under unavoidable
circumstances, the employer needs to give 30 days or more notice or pay
‘notice pay’.
(3) If you are dissatisfied with your dismissal
If you are dissatisfied with your dismissal, you should express your
dissatisfaction with your employer and have the employer issue a Proof
of Resignation’ (taishoku shomei sho) to clarify the reason for the termination
of the contract, whether it was a dismissal or resignation.
If you are not satisfied with the employer’s reason for dismissal, you
should consult a Labor Center (rodo center), a lawyer or some trustworthy
enquiry office. If you think your dismissal breaks the Labor Standards
Law, consulting a Labor Standards Office is also possible.
Resignation (taishoku)
If the employee makes a request to resign and the employer agrees, the
employment relationship is terminated by a mutually agreed contract.
An employee with no fixed term of employment can leave the company 2
weeks after the date of their notification of resignation even if the
employer does not agree with the resignation.
If the employee is working under a fixed term of employment, they cannot
ask to terminate the contract during the fixed term except under unavoidable
circumstances.
If an employer agrees to an employee’s resignation, the employee, in
principle, cannot withdraw their resignation request. It is important
to be careful when requesting resignation
In the case of resignation, if the employee demands, unpaid wages can
be paid within 7 days. Savings, wages and other money which you have
a claim to can also be returned.
The employee must return to the employer any company ID cards, uniforms
lent to them, and their health insurance card by the date stated in the
‘working rules’.
Unemployment Insurance
If you were dismissed from your job or your company went bankrupt,
and you had been worknig there for more than an year, you will be eligible
for unemployment insurance immdiately. The amount of money granted to
you will vary depending on your salary and age, but in general is about
40~60% of your previous wages. For more details, contact your local Hello
Work Office or the FIA.
Working hours
Legal working hours
Working hours according to The Labor Standards Law are, in general,
the hours worked under the supervision and direction of the employer.
If preparation for work, tidying up after work, and training are done
under the direction of the employer, this time is considered
to be within
working hours.
Working hours are, in principle, 40 hours per week excluding break-time
and within 8 hours per day.
For small-size businesses (under 10 people), movie and theater businesses,
health and hygiene businesses and entertainment/amusement businesses
which deal with customers as a special measure, working hours are 44
hours per week.
Break-time
Employers must give 45 minutes break-time for work over 6 hours and 1
hour break-time for work over 8 hours. The break-time must be given during
working hours.
This break-time must be given to all employees at the same time. Employees
must be free to use this time as they wish. (This excludes certain businesses
and industries where a written agreement is made.)
There are also laws concerning pay for overtime work, extra pay, pay
for holidays and vacations.
Part-time workers
What a part-time worker is
In general, a part-time worker is a worker who works shorter hours than
a full-time worker.
Labor related laws apply to part-time workers as they do to regular workers.
Working insurance and social insurance is therefore applicable for part-time
workers. Such workers can receive Workman’s Accident Compensation Insurance
if they are injured or become ill due to work.
If certain conditions are met, part-time workers can also be insured
under the employment insurance and health insurance.
Social Insurance and Labor Insurance
About the social insurance system
This is a system which offers security by providing insurance for the
insured individual and his/her family in case of illness, physical or
mental disability, death, old age, or unemployment.
The social insurance system is divided into ‘social insurance’ and ‘working
insurance’ and is administered by the Health, Labor and Welfare Ministry.
‘Social insurance’ includes medical insurance (Social Health Insurance
and National Health Insurance, Nursing Care Insurance) and pension insurance
(Employees Pension and National Pension).
‘Working insurance’ includes the Workmen’s Compensation and Insurance
for Accidents (rosai) and employment insurance.
Workmen’s Compensation Insurance for Accidents (Rosai)
If you are injured, become ill due to work, die from overwork (karoshi),
commit suicide due to excessive work, or are injured while commuting
to and from work and fulfill certain conditions, you may be eligible
to receive medical treatment benefits (iryo hosho kyufu), benefits for
sick leave (kyugyo hosho kyufu), or disability benefits (shogai hosho
kyufu).
This system applies to all foreign workers.
(Enquiries should be made at the Labor Standards Inspection Office for
the district of your place of employment.)
Employment insurance
Employment insurance provides workers who have been made unemployed with
unemployment benefits (shitsugyo kyufu) with the aim of providing social
stability until they are reemployed.
Joining the Employment Insurance and qualification for being an insured
person
In principle, even if only one employee is employed, the employer must
enter the Employment Insurance scheme. The burden of paying insurance
premiums is shared between both the employer and employee. Foreign nationals
who have permanent residency, have a Japanese spouse or are settled in
Japan are also eligible to join the scheme.
Those who are employed for a short term or who may return to their native
country (leave Japan) upon finishing work are not eligible to be an insured
person.
Social Health Insurance (Shakai Kenko Hoken)
This system is intended to provide social stability in times of illness
or injury by providing medical treatment benefits and allowances.
All corporate bodies must enter this insurance system. The burden of
paying premiums is shared equally between the employer and employee.
(Enquiries should be made at the Social Insurance Office for the address
of your
place of employment.)
The self-employed, farmers and fishermen, the unemployed should enter
the National Health Insurance scheme (kokumin kenko hoken) which is managed
by the city, ward, town or village. National Health Insurance premiums
are paid in family units to the city, ward, town or village office.
(Enquiries should be made at your city, ward, town or village office.)
Employees Pension (Kosei Nenkin Hoken)
This is a system which workers at companies, factories and shops join.
The main purpose of this system is to ensure the social security of workers
in their old age. However, it also offers social security to those who
can no longer work due to injury or illness and to surviving family members
of workers who have died.
All corporate bodies must join this system.
The burden of premium payments is shared between the employer and the
employee. The amount of insurance premiums varies according to the
amount of your wages (income).
(Enquiries should be made at the social insurance office for the address
of your place of employment.)
The self-employed, farmers, fishermen and the unemployed who cannot
join the Employees Pension scheme should join the National Pension scheme.
(Enquiries should be made at your city, ward, town or village office.)
Withdrawal refund payment system (datai ichijikin shikyu seido)
There is a withdrawal refund payment system for people who withdraw from
either the Employees Pension scheme or the National Pension scheme.
Through this system, foreign nationals who while living in Japan entered
a pension scheme and paid more than 6 months insurance premiums can receive
a withdrawal refund if he/she make an application in the prescribed method
within 2 years after returning to their country or leaving Japan permanently.
Before leaving Japan, you should get a ‘withdrawal refund application
form’ (datai ichijikin seikyu-sho) from the Social Welfare Insurance
Office (shakai hoken jimusho). After leaving the country, you should
then fill in the form and send it with the attached documents to the
Social Welfare Insurance Service Center (shakai hoken gyomu center) in
Japan. (Enquiries should be made at the Social Welfare Insurance Office
for the address of your place of employment.)
