How do you make the employment contract you need when hiring a foreigner?to prevent troubles?

When hiring a foreigner for the first time and making an employment contract,I don't know what to write on my employment contract” is a question we often receive from people in charge of recruiting at companies.

In this column, "What should be the contents of the employment contract and the notification of working conditions when hiring a foreigner?An administrative scrivener who is a professional in employment of foreigners will explain in an easy-to-understand manner.

XNUMX. XNUMX.Points of employment contract / working condition notice created when hiring a foreigner

▼ The base is the same as that of Japanese employees

If the company hires foreignersemployment agreementOrNotification of working conditionsShould be created.
The contents of the employment contract, etc. to be created areIt's basically the same as the one you create when you hire a Japanese person.but,Points to be aware of when applying for a status of residence (visa)There are several.

▼ Contents required when applying for a visa to the Immigration Bureau

The employment contract or working condition notice created when applying for a visa for immigration must include at least the following contents.

• -Work place(Place to work)
• -Contents of work that foreigners will engage in
• -Term of employment contract
• -Amount of compensation(Wage amount, payment method, salary deadline and payment timing)
• -Working hours(Start time to end time), Break time, holidays / vacation matters
• -Whether there is overtime work
• -Matters regarding retirement

Of theseAmount of salaryAs for, of course, when converted to hourly wages, it does not fall below the minimum wage, and it has the same level of experience in doing the same work.Equal to or better than Japanese employeesMust be
Remuneration is "a benefit given as compensation for certain services" and includes "basic salary", "bonus", "qualification allowance", and "position allowance".
on the other hand,Commuting allowance, dependent allowance, housing allowance, and overtime allowance are not included.

In addition, the "contents of work engaged by foreigners" stated in the employment contract must be consistent with the contents of other application documents submitted when applying for a visa.

2. Points to prevent troubles related to employment contracts

 Then, what specific points should be taken into consideration when creating an employment contract with a foreigner?

▼ What is an “employment contract with suspension conditions”?

Employment contracts and notifications of working conditionsWhat to create when applying for a visaIf you hire a foreign student who is an international student and apply for a visa change, the international student willYou will not be able to start working until your visa change application is approved.
In case your visa application is rejected,"Employment contracts and notices of working conditions become effective only after the visa application is approved."It is wise to add the following conditions.
At the same time, this also reflects the company's stance that it will not be complicit in illegal employment.

Such conditions are legally defined as ``Stop condition"Is called. What is the stopping condition?Uncertain facts when a fact that is uncertain to occur in the future is a condition for the effectiveness of a contract, etc.Say.
This may sound complicated, but in relation to the employment contract when applying for a visa, the employment contract becomes valid on the condition that the visa application is approved.

Specifically, in the employment contract and the notification of working conditions, "This contract shall not come into effect unless the Japanese government permits entry (residence).I will put the wording to the effect.

▼ Difference between a notice of working conditions and an employment contract

There are differences in the nature of working condition notices and employment contracts, and the procedures for creating them are also different.

The Working Conditions Notice is a document that unilaterally conveys the conditions for the company to hire foreigners.is.Therefore, the signature / seal of the company that displays the intention is required, but the signature / seal of the foreigner who can convey the intention is not required.

on the other hand,employment agreementFor getting or doing work under specific employment conditionsDocuments certifying that the company and the foreigner have agreedWill be.Therefore, we will create two copies with the signatures and seals of both the company and the foreigner who are the parties concerned, and keep one copy for each.

When examining a foreigner's visa application, you may submit a notification of working conditions, and of course, an employment contract, as you will be able to see the details of the employment conditions of the foreigner.
However,An employment contract that proves the agreement is more useful in terms of avoiding labor troubles with the foreigner you hire..

▼ Is it okay to keep the working condition notice/employment contract in “Japanese”?

Whether it is an employment contract or a notification of working conditions, the purpose of the above document is that the foreigner to be hired has an understanding of working conditions.
for that reason,Employment contracts and notices of working conditions are written in a language that the person can understand.You are required to do.

Ministry of Health, Labor and Welfare homepage (⇒ Click here) has a model of a notice of working conditions for foreigners, so it may be a good idea to refer to it.

3. What should be clearly stated in the notice of working conditions and employment contract for foreigners?

▼ What should be specified in the “written form” of the notice of working conditions and employment contract

The employment contract itself is actually established by a verbal agreement between the parties under the Civil Code (Civil Code Article 623).
However, under the Labor Standards Law,It is the employer's duty to clearly indicate to the worker in writing the following:.

[Contents that should be specified in the notice of labor conditions and employment contract]

• -Matters regarding standards for labor contract renewal(In the case of a labor contract with a fixed term)
• -Matters related to place of employment
• -Matters regarding starting and ending times, whether or not work exceeds the prescribed working hours, rest periods, holidays, vacations, and changes in working hours when workers are divided into two or more groups.
• -Matters related to wage determination, calculation and payment methods, wage deadlines and payment timing, and salary increases
• -Matters regarding retirement(Including reasons for dismissal)

▼ What to specify if there is a provision in the work regulations

Below isWorking conditions that must be clearly stated when there are provisions in work regulations, etc..
However, these matters do not need to be in writing;Oral explanation may be used.
In addition, "Hand over the applicable part of the work regulations in writingThat also means that it is clearly stated.

[Contents of work rules that should be clearly stated in the employment contract/notice of working conditions]

• -Matters regarding the scope of workers to whom the provisions of retirement allowance apply, methods of determining, calculating and paying retirement allowance, and timing of payment of retirement allowance
• -temporary wages paid(excluding retirement allowance),Matters regarding bonuses, wages listed in each item of Article 8, and minimum wage amounts
• -Matters related to food expenses, work supplies, etc. that should be borne by workers
• -Safety and hygiene matters
• -Matters related to vocational training
• -Matters regarding disaster compensation and non-work injury and illness assistance
• -Matters regarding awards and sanctions
• -Matters regarding leave of absence

(Refer to the Labor Standards Law Enforcement Regulations)