What should be done about the treatment, working conditions, and working environment of foreigners with specific skills?

In this column“What should be done about the treatment, working conditions, and working environment of foreigners with specific skills?”In order to answer the question, an administrative scrivener who is a professional visa application"Specified skill employment contract"I will give you an easy-to-understand answer.

XNUMX. XNUMX.What should be included in the employment contract?

▼ What is a specific skills employment contract?

There is currently a shortage of human resources.14 specific skills fieldsRegarding the status of residence “Specific Skill 1” was established, and foreigners with this specific skill No. 1 were allowed to engage in work, including on-site work, which was not permitted with previous work visas.

Companies that employ foreigners with specific skills, which is the new status of residence (visa), comply with immigration laws, labor-related laws, social insurance-related laws, and tax-related laws, and foreign countries with specific skill visas. We have a responsibility to make people's activities in Japan stable and smooth.
As a manifestation of this responsibility, when applying for a specified skill visa, a contract that a company concludes with a foreigner applying for a specified skill visa that stipulates working conditions, treatment, working hours, working environment, etc.Specific skill employment contract".

So what should this "specific skill employment contract" have?The administrative scrivener will explain in an easy-to-understand manner.

XNUMX.What is the content of the specific skill employment contract?

▼ Approach to remuneration, working hours, holidays, and break times

The contents of the specified skill employment contract include the contents of the work that the specified skill foreigner engages in, compensation for it, other matters related to employment, measures to secure the departure of foreigners whose contract period has expired, foreigners. It is necessary that the necessary matters are stipulated in order to contribute to the proper residence of.

In addition, regarding remuneration, education and training, use of welfare facilities, other treatment, and working conditions on the grounds of being a foreignerNo discriminatory treatmentis also required.

[Remuneration (salary, bonus, allowance, retirement allowance)]

Under the employment contract, the amount of remuneration paid to specific skilled foreigners isEqual to or more than the amount for Japanese workers(including bonuses, allowances, and retirement allowances. In this regard, the company's employment regulations and wage regulations are also referred to).

The treatment of working hours, holidays, breaks, and working conditions of foreigners with specific skills are determined by the company they employ.Equivalent to a full-time employee(Full-time here means, in principle, working 5 days or more per week, 217 days or more per year, and 30 hours or more per week. Masu).

【working time】

As a general rule, working hours are 1 hours a day and 8 hours or less a week.

【holiday】

As a general rule, holidays are granted at least once a week (legal holidays), and other holidays are "prescribed holidays".

【Break time】

Break time is at least 6 minutes if working hours exceed 45 hours and at least 8 hour if working hours exceed 1 hours.

About working hours, holidays and breaks"Conditions of Employment"It is written in the document called, but the employment conditions areIt should be written in a language that the foreigner applying for the Specified Skilled Worker visa can fully understand, and the foreigner will sign it after fully understanding the content.need to do it.Proceeding with a contract without fully understanding the contents of the employment contract is a source of troubleTherefore, those in charge of hiring and labor of companies need to be careful.

▼ Various allowances (overtime, late night, holidays)

Various allowances such as overtime allowance, late-night allowance, holiday allowance, etc.Similar to the treatment of Japanese employeesIf you want to work overtime, work late at night, or work on holidays, the companyPremium wagehave to pay

[Example of extra wage]

• ・ When working overtime (overtime)
  　⇒ Hourly wage x number of overtime hours x 1.25
• ・ When working at midnight
  　⇒ Hourly wage x number of overtime hours x 1.25
• ・ When working on legal holidays
  　⇒ Hourly wage x number of overtime hours x 1.35

* In the case of monthly wage system, hourly wage is calculated by dividing monthly wage by monthly average scheduled working hours

▼ 36 (Subloc) Agreement

If you set working hours that exceed the legal working hours limit of 1 hours a day and 8 hours a week and one or more holidays a week that are holidays stipulated by law, or a variable working hours system For companies that employ36 It is necessary to conclude an agreement and notify the Labor Standards Inspection Office will be important.

▼ Leave allowance

As with Japanese employees, if the company decides to leave a specific skilled foreigner for the convenience of the company,6% of average wageyou have to pay the
However, natural disasters such as typhoons and earthquakesNot required if the company is not responsible for the leave.

▼Paid vacation

As for paid leave, as with Japanese employees, it is necessary to grant at least the following number of paid leave days to foreigners with specific skills.

XNUMX Summary and other considerations

The most important criterion is "Labor laws and regulations such as the Japanese Labor Standards Law are also applied to foreigners with specific skills.Please keep that in mind.

In addition, please note that the following two points are also important.

• ・ The salary for foreigners with specific skills isMonthly salary and bank transferThere is a need to.
• ・The form of employment for foreigners with specific skills isDirect employment only.

Climb Immigration Lawyer Officeis engaged in specific skill foreigner visa business.

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