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Q_iconI would like to hire Japanese employees at my Japanese subsidiary or branch. Please tell me specifically what to do.

A_dark_iconClarify the human resources you are seeking and create recruitment content. Once the recruitment content has been decided, select the recruitment media for hiring and interviews with applicants. If good people are found, conclude an employment contract that clearly defines the working conditions.

★ Explanation ★

1. Clarification of recruitment content

First, it is necessary to clarify what kind of Japanese staff are required at your Japanese company or branch. In Japan, you cannot easily dismiss the employee once hired, even when he does not match the image of the person you need, so it is important to prepare well in advance to secure the necessary personnel.

In Japan, the rules on dismissal are set in advance, as dismissal has a large impact on workers. The fact is that no dismissal is permitted unless there is a good reason (Labor Contracts Act Article 16).

Labor Contracts Act

(Dismissal)

Article 16 If a dismissal lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, it is treated as an abuse of rights and is invalid.

Source: Japanese Law Translation Database System
http://www.japaneselawtranslation.go.jp/law/detail/?id=2578&vm=04&re=02&new=1

2. Recruitment and interviews

employee-hiringOnce the contents of the offer have been decided, you will send out job offers at Hello Work and job information sites. Performance on the written examination and interview will decide if the applicants will be approved or rejected. For those who passed (admitted), working conditions such as wages will be presented to them and they will be formally employed if they accept.

However, there are cases when the job offer may be declined so it is important to keep in constant contact until their date of appointment.

The main recruitment methods and characteristics for recruiting Japanese staff are as follows. You will select the medium for providing the job, taking into consideration the balance between the required personnel and budget.

(1) Hello Work (Public Employment Security Office)

It has the largest job-hunting information in Japan at a government agency job placement office. Another advantage is that there is no hiring cost.

(2) Job information site (job change site)

There are sites for job search and recruitment that not only offer jobs but also allow you to approach a job seeker that meets your conditions.

(3) Recruiting services

This is a pay-as-you-go service that allows staffing agencies to introduce people that meet the needs of the company. You can be introduced to people that match your job offer, but if they get hired you will be charged a referral fee.

3. Specifying working conditions when joining the company and conclusion of employment contract

If you find suitable people from the interviews, it is mandatory in Japan to specify working conditions when recruiting employees. In addition, because some conditions are always required to be clearly stated in writing, you will need to specify the working conditions in the employment contract (Labor Standard Law Article 15.

Labor Standards Act

(Clear Indication of Working Conditions)

Article 15 (1) In concluding a labor contract, the employer shall clearly indicate the wages, working hours and other working conditions to the worker. In this case, matters concerning wages and working hours and other matters stipulated by Ordinance of the Ministry of Health, Labour and Welfare shall be clearly indicated in the manner prescribed by Ordinance of the Ministry of Health, Labour and Welfare.

Source: Japanese Law Translation Database System
http://www.japaneselawtranslation.go.jp/law/detail/?id=2578&vm=04&re=02&new=1

employee-contractWhen hiring workers, to prevent problems between labor and management due to the employer not specifying the working conditions, it is mandatory to clearly indicate these conditions when entering into a labor contract. Therefore, when an employee joins a company, you need to prepare an employment contract specifying the working conditions. The working conditions, etc. that must be clearly stated are shown in Chart 7-1.

In the case of a short-term worker, it is necessary to clearly indicate in a document (you can e-mail it if the short-term worker prefers) whether there is a salary increase, bonuses, retirement benefits, and the consultation service regarding employment (Part-time Labor Law Article 6.

For more information on employment contracts, please refer to Q121.

Chart 7-1 Working Conditions that Must Be Clearly Stated

Absolute manifestation
(Items that must be clearly stated)
*It is necessary to specify these in writing except for matters relating to salary increase.
① Matters concerning the term of labor contract
② Matters concerning the place of employment and the work to be engaged in
③ Matters relating to starting and ending of working time, presence or absence of working hours beyond specified working hours, break time, holidays, vacations, and work conversion in cases where workers are divided into two or more sets
④ Matters concerning wage (except retirement benefits and temporary paid wages, etc.) determination, calculation and payment methods, wage deadlines and timing of payments, and salary increase
⑤ Matters concerning retirement (including reasons for dismissal)
Relative manifestation
(Items that need to be specified if there is a regulation)
⑥ Matters concerning the scope of workers to which retirement allowance rules apply, determination of retirement allowance, calculation and payment method, and timing of payment of retirement allowance
⑦ Matters concerning temporary paid wages (excluding retirement benefits), bonuses, etc., and minimum wage amount
⑧ Matters concerning food expenses to be paid to workers, work supplies, and others
⑨ Matters concerning safety and health
⑩ Matters concerning vocational training
⑪ Matters relating to disaster compensation and illness support outside work
⑫ Matters concerning awards and sanctions
⑬ Matters concerning absence from work