English Page of “Alpha Express SR"
Hello. This is Alpha Express SR(Located in Nagoya-city, Aichi-prefecture)'s HP. You can ask us via Ｅ-mail or phone in English , if you wish to find solutions in English. We can hear labor dispute, Labor Insurance/Social Insurance, Japanese labor law, Rules of Employment, Company regulations, Employment conditions, Procedures on subsidies related employment etc. for foreigners who work in Japan. And we can offer service as below.
Procedures for new companies to apply for Labor/Social Insurances
Procedures when hiring employees and leaving employees
Annual and occasional report on Labor Insurance
Annual and occasional report on remuneration for Social Insurances
Procedures on applying for Industrial Accident compensation /Non-Employment/Social Insurances, etc.
Advices of Employment Conditions and Contracts
Submission of Rules of Employment, Labor-Management Agreement etc. to the competent Labor Standards Inspection Office
Procedures on subsidies related employment
Consultation of Various Labor Issues
Consultation of Company's Labor and Personnel Management System or Pension System in Japan
1.Obligations on Labor Insurances(Industrial Accident Compensation Insurance and Unemployment Insurance)/Social Insurances(Health Insurance and Welfare Pension Insurance)
When a business has been incorporated, statutory procedures on Social/Labor Insurances are required. Or a company is established and employs staff, even if the employees are on short-term-basis contract, they must be covered with the Industrial Accident Compensation Insurance System.
Besides, if an employee works on the basis of working conditions of 20 hours/week or more AND supposed to work for 31 days or more, he/she must be covered with the Unemployment Insurance System.
Furthermore, if the employee works on regular-basis, an employee who works for more than 2 months; or the one whose daily (or weekly) working hours and monthly working days are three-fourths or more, must be covered with the Social Insurance System.
2.Obligations on the Labor Standards Act, the Labor Contract Act, and other labor-related laws.
Working conditions shall comply with the Labor Standards Act and other labor-related laws.
The working hours shall be 8 hours or less per day and 40 hours or less per week (even though there are some exceptions).
At least the following items in the working conditions shall be clarified and shall be agreed with each other: Minimum Items to be clarified on the working conditions:
Period of the Contract, Place of Work, Duties, Starting and Finishing Hours of Work, Overtime Work, Break, Day off, Holiday, Salary, Salary Raise, Retirement/Dismissal, etc.
*Those items above shall be clarified in writing except for Salary Raise.
(2)Rules of Employment for Companies
It is necessary for the employer continuously employing 10 or more employees to prepare Rules of Employment and submit it to the competent Labor Standards Inspection Office. The content of the Rules of Employment shall contain description such as descriptions on working hours, break hours, days off, leaves, salary, retirement and so on.
In addition, the employer shall ask the opinion of either a labor union organized in the workplace or the representative of the employees, before submitting the Rules of Employment to the competent Labor Standards Inspection Office. The employer shall have known to the Rules of Employment to all the employees(Article 89 of the Labor Standards Act ).
Furthermore, the Rules of Employment shall apply to all the employees including part-time employees.
And there are amendments or enactments of relevant laws and regulations once in a while. Several years elapsed since your Rules of Employment were prepared, if so, it would be necessary to update those Rules of Employment, corresponding to the latest versions of relevant laws and regulations.
(3)Labor-Management Agreement based on Article 36 of the Labor Standards Act and its submission to the relevant Labor Standards Office
If the company wants the employees to work overtime or work on non-working days, the company shall conclude beforehand a Labor-Management Agreement with labor-side on the range of applicable employees, the limit of overtime working hours, designation of days off on which the employees may be indicated to work, etc. This agreement shall be submitted to the competent Labor Standards Inspection Office.
(4)Other than the Labor Standards Act
Various labor-related laws such as Industrial Safety and Health Act, Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave etc, shall be complied to the company.
As these laws are often revised, extra care shall be necessary and should be revised, and the Rules of Employment shall also be revised. Since the company is recommended to prepare the Rules of Employment as early as possible.
3.Lump-sum Withdrawal Payment
When foreigners are employed by a Japanese company as a full-time employee, he/she has to enroll Health Insurance and Welfare Pension Insurance. The one who has lived in Japan 6 month or more, can claim and receive his/her Lump-sum Withdrawal Payment after departing from Japan in 3 years.
Alpha Express SR
Social Labor Attorney: Atsushi Okumura