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Is the employment contract period for specific skilled foreigners fixed-term employment? Indefinite term employment?

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In this column, we will explain the employment period in the labor contract of a foreigner with specific skills."Fixed-term employment"But is it okay? Or"Indefinite term employment"Must be furthermoreWhat happens when the contract is terminated due to company reasons?In response to a question from a company, an administrative scrivener who is a visa application professional"Specified skill employment contract"I will explain about it in an easy-to-understand manner.

XNUMX. XNUMX.What to think about the treatment when hiring foreigners with specific skills

Specific Skilled Foreigner

For companies that hire and accept foreigners with specific skill visas,Compliance with immigration laws, labor-related laws, social insurance-related laws, and tax-related lawsis required, and the responsibility for ensuring the proper operation of the visa system for specified skills and ensuring the stable and smooth residence activities of foreigners with specified skills is required.

Therefore, regarding remuneration for foreigners with specific skill visas,Employment conditions equivalent to or higher than those of Japanese employees with the same experience and performing the same work.It must be.
In other words, in terms of determining remuneration, working hours, participation in social insurance, implementation of education and training, use of welfare facilities, etc., because you are a foreigner,Do not discriminate in terms of treatmentThere is a regulation called.

For employment of foreigners with specific skillsThe Labor Standards Law, etc. are applied in the same way as for Japanese people.It will be.

 

XNUMX. XNUMX.Fixed-term employment?Permanent employment?

▼ Can I get a visa for fixed-term employment? Is it difficult to take?

It is necessary to set the employment contract period for foreigners with specific skills in the same way as for Japanese employees.
However,Total period of "Specified Skilled Worker No. 1" visaUp to 5 yearsTo bePermanent employmentStrictly speaking, settingDoes not match the visa contentIt can be said.

And under the Labor Standards Act, the contract period for fixed-term employment is3 years in principle(Article 14 of the Labor Standards Act).
for that reason,The employment contract period for foreigners with a specific skill visa isGenerally set to 3 years.

▼ What happens if a fixed-term labor contract is terminated due to company circumstances?

It is quite possible that a fixed-term employment contract will be terminated for the convenience of the company, depending on the circumstances of the company at the end of the contract period.
As a way to describe the company's response to such a situation, in the "No. 1 Specified Skilled Worker Support Plan" when applying for a Specified Skilled Worker visa"Job change support when leaving a job involuntarily"There is an item.

If you want to terminate the fixed-term employment contract due to company reasons, thisJob change supportFor foreigners with specific skills who terminate the contractProvides information about the next recipientOrSupport such as providing information on administrative procedures required when leaving a jobWill be done.

XNUMX. XNUMX. What is an "involuntary turnover"?What happens when you generate it?

▼ What is an “involuntary leaver”?

First, the organization that accepts foreigners with specified skills should haveWithin XNUMX yearIn addition, I was engaged in the same type of work as the specific skilled foreigner to acceptWorker(refers to full-time employees)not dismissedIs required.
However,This does not apply in the case of retirement or voluntary retirement..

そ し て,involuntary leaverrefers to a person who leaves the company for the following reasons:

  • -Voluntary retirement recruitment or retirement recommendation for personnel reduction(Except when dismissed due to unseasonable weather or natural disaster)
  • -Serious problems with working conditions(wage reduction, wage delay, excessive overtime, discrepancy with hiring conditions, etc.)serious problemEmployees who left their jobs due to (intentional exclusion, harassment, etc.)
  • -Regardless of the reasons attributable to the specific skilled foreignerDisplaced workers whose fixed-term employment contracts have ended

▼ What happens if someone leaves their job involuntarily?

In the event of an involuntary resignation,Obligation to submit a notification regarding difficulty in acceptanceto happen.

The notification must be made from the day when the reason for the difficulty of accepting the specified skilled worker occurred.Within 14 Datemust be done.
The contents of the notification include:Reason for difficult acceptance,Current status of foreigners with specific skills, and the above"Measures for continuing activities of specific skilled foreigners" such as job change supportwill also be included.

In addition, this notificationNecessary to do before "notification pertaining to termination of specific skill employment contract"Please note that there is

 
■ The person who wrote this article ■
Representative Takashi Moriyama

Takashi Moriyama
Representative of administrative scrivener corporation Climb.Specializing in visa application and naturalization application, which is an international business from the time of establishment.The number of visa applications for foreigners is about 1,000 per year, and we are confident in our abundant experience and know-how.Based on his knowledge of immigration services, he is also in charge of advisory services for employment of foreigners to companies as an advisor.

⇒Consult the "administrative scrivener corporation Climb" where this teacher is

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